BILL ANALYSIS



C.S.H.B. 1619
By: Uher
04-26-95
Committee Report (Substituted)


BACKGROUND

Under current law, (Vernon's Texas Civil Statutes, Article 6687-1)
a motor vehicle lienholder pays to have the lien added to the Texas
Department of Transportation (TxDot) records.  Upon demand of the
owner, the lienholder discharges the retired lien and forwards the
title to the owner.  However, the TxDot records continue to reflect
the lien until a release of lien fee is paid by the owner. 
Unfortunately, many owners are unaware of this responsibility and
never carry out the transfer.

PURPOSE

HB 1619 transfers, from the owner to the lienholder, the
requirement of releasing a lien to the Texas Department of
Transportation.  Accuracy in the TxDoT records for motor vehicle
liens will be more precise due to this requirement.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1: Amends Certificate of Title Act, 6687-1, Section 47, by
deleting the requirement that an owner must demand the discharge of
a lien; requires the lienholder to execute the discharge of the
lien and apply for a new certificate of title; authorizes the TxDot
to issue a new certificate of title upon meeting certain
requirements.

SECTION 2: Emergency Clause and Effective Date as upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1619 changes Section 1 of the original bill by deleting
the requirement that an owner must demand the discharge of a lien;
requires the lienholder to execute the discharge of the lien and
apply for a new certificate of title; authorizes the TxDot to issue
a new certificate of title upon meeting certain requirements. 
C.S.H.B. 1619 also adds Subsection (b) which indicates that TxDOT
must issue the new title upon receipt of the application for new
title, under the requirements of Subsection (a). The original H.B.
1619 does not include this Subsection.

SUMMARY OF COMMITTEE ACTION

Pursuant to a public notice posted on March 30, 1995 at 6:02 p.m.,
the House Committee on Transportation met in a public hearing on
Wednesday, April 5, 1995 at 2:00 p.m. or upon adjournment, in room
E1.014 of the Capitol Extension and was called to order at 6:30
p.m. by the Chair, Representative Clyde Alexander after the House
recessed.  The Chair laid out H.B. 1619 and recognized
Representative Uher to explain H.B. 1619.  Representative Uher laid
out the Committee substitute to H.B. 1619, and without objection
the substitute was adopted.  The Chair recognized the following
persons who testified in support of H.B. 1619: Joyce Barrow, Tax
Assessor/Collector Hunt County.  Larry Cernosek, Texas Towing and
Storage Association.  There were no witnesses testifying in
opposition to H.B. 1619.  The Chair left H.B. 1619, as substituted,
pending before the committee.  Pursuant to a public notice posted
on April 21, 1995, at 4:04 p.m., the House Committee on
Transportation met in a public hearing on Wednesday, April 26,
1995, at 2:00 p.m., or upon adjournment, in Room E1.014 of the
Capitol Extension and was called to order at 6:13 p.m. by the
Chair, Representative Clyde Alexander.  The Chair laid out H.B.
1619, as substituted on April 5, 1995, which was pending before the
Committee.  Representative Bosse moved that the Committee report
H.B. 1619, as substituted, to the full House with the
recommendation that it do pass.  The motion prevailed by the
following vote: Ayes (8), Nayes (0), Absent (1), Present not voting
(0).