BILL ANALYSIS


                                                    C.S.H.B. 2599
                                                By: Kubiak (Cain)
                                                    State Affairs
                                                          5-15-95
                            Senate Committee Report (Substituted)
BACKGROUND

Over 125,000 automobiles were stolen in Texas in 1993 with a value
of $600 million.  Some of these vehicles are then sold with
switched identification plates or dismantled by "chop shops" and
sold to both legitimate and illegitimate repair facilities.

Current law does not required salvage dealers and salvage vehicle
rebuilders to be licensed.

PURPOSE

As proposed, C.S.H.B. 2599 establishes provisions for the licensing
and regulation of salvage vehicle dealers and agents.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the Texas Transportation Commission under SECTION 1 (Sections
1.02(a), 2.01(g), 4.01(b), Article 6687-1A, V.T.C.S.) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 116, Chapter 1, by adding Article 6687-1A,
as follows:

            ARTICLE 6687-1A.  SALVAGE VEHICLE DEALERS

                   PART 1.  GENERAL PROVISIONS

     Sec. 1.01.  DEFINITIONS.  Defines "actual cash value,"
     "automobile recycler," "casual sale," "commission,"
     "department," "late model salvage vehicle," "major component
     part," "motor vehicle," "nonrepairable vehicle,"
     "nonrepairable vehicle certificate of title," "out-of-state
     buyer," "person," "salvage part," "salvage vehicle" or "late
     model salvage vehicle," "salvage vehicle agent," "salvage
     vehicle certificate of title," "salvage vehicle dealer,"
     "salvage pool operator," and "salvage vehicle record."
     
     Sec. 1.02.  POWERS AND DUTIES OF COMMISSION.  (a) Requires the
     Texas Transportation Commission (commission) to adopt rules to
     administer this article, and authorizes the commission to take
     other action as necessary to enforce this article.
     
     (b) Requires the commission to set application fees, license
       fees, renewal fees, and other fees, in amounts reasonable
       and necessary to implement this article.
       
       Sec. 1.03.  DETERMINATION OF ESTIMATED COST OF REPAIR.  (a)
     Requires the estimated cost of repair parts to be determined
     using a manual of repair costs or other instrument that is
     generally recognized in the insurance industry to determines
     those costs or an estimate of the actual cost of the repair
     parts.
     
     (b) Requires the estimated labor costs to be computed using
       the hourly rate and time allocations commonly assessed for
       repairs in the community where the repairs are performed.
       
                PART 2.  LICENSE REQUIREMENTS
     
     Sec. 2.01.  LICENSE REQUIRED; EXEMPTION.  (a) Prohibits a
     person from acting as an automobile recycler or salvage
     vehicle dealer (dealer) unless the person has a salvage
     vehicle dealer license (dealer license) under this article.
     
     (b) Prohibits a person from acting as a salvage vehicle
       agent (agent) unless the person holds a salvage vehicle
       agent license (agent license) under this article.
       
       (c) Provides that this article does not apply to an
       insurance company authorized to engage in the business of
       insurance in this state.
       
       (d) Provides that this article does not apply to, and does
       not preclude or prohibit any sales to, purchases by, or
       other transactions by or with, a person described by Article
       6687-2b(g), V.T.C.S., with exceptions.
       
       (e) Requires a person described by Article 6687-2b(g),
       V.T.C.S., to submit to the department the certificate of
       title or equivalent document that the person receives in
       conjunction with the purchase of a vehicle within a certain
       time period.
       
       (f) Applies this article to a transaction with a person
       described by Article 6687-2b(g), V.T.C.S., in which a
       vehicle is sold or delivered to the person for the purpose
       of reuse or resale as a vehicle or as vehicle parts if the
       vehicle is so used.
       
       (g) Provides that this article does not apply to a person
       who purchases a nonrepairable vehicle or salvage vehicle
       from a salvage pool operator in a casual sale.  Requires the
       commission to adopt rules to regulate casual sales and to
       enforce this subsection.  Requires a salvage pool operator
       that sells a vehicle in a casual sale to comply with each
       rule adopted by the commission regarding that sale.  
       
       (h) Provides that this section does not prohibit the sale to
       any person of a vehicle that is classified as a late model
       salvage or a nonrepairable vehicle solely because of water
       damage caused by flood conditions.
       
       Sec. 2.02. LICENSE APPLICATION.  (a) Requires an applicant for
     a dealer license to apply on a form prescribed by the Texas
     Department of Transportation (department), signed by the
     applicant, accompanied by the application fee, and including
     specific information.
     
     (b) Prohibits a license from being issued in a fictitious
       name that may be confused with that of a governmental entity
       or is otherwise deceptive or misleading.
       
       Sec. 2.03.  ADDITIONAL REQUIREMENTS FOR CORPORATE OR
     PARTNERSHIP LICENSE.  Requires a dealer license to include
     specific information, if an applicant intends to engage in
     business through a corporation or partnership.
     
     Sec. 2.04.  CLASSIFICATION OF LICENSE ENDORSEMENTS.  (a)
     Requires the department to classify dealers according to the
     type of activity performed by the dealers.  Requires the
     dealer to hold a license endorsement under a particular
     classification provided by this article in order to engage in
     the activities of that classification.
     
     (b) Sets forth endorsements in one or more of which an
       applicant is authorized to apply for a dealer license.
       
       Sec. 2.05.  INVESTIGATION.  (a) Prohibits the department from
     granting a license under this article until the department
     investigates the applicant's qualifications.
     
     (b) Requires the department to conduct the investigation
       within 15 days after the department receives the
       application, and to report the results to the applicant.
       
       Sec. 2.06.  LICENSE ISSUANCE.  Requires the department to
     issue a license to an applicant who meets the required
     qualifications and pays the required fees.
     
     Sec. 2.07.  LICENSE RENEWAL.  (a) Makes a license issued under
     this article expire on the first anniversary of the date of
     issuance, and may be renewed annually on or before the
     expiration date on payment of the required renewal fee.
     
     (b) Sets forth provisions for the renewal of an expired
       license.
       
       Sec. 2.08.  REGISTRATION OF BUSINESS LOCATIONS.  (a) Requires
     an applicant, intending to operate as a dealer at more than
     one location, to list each business location in the
     application.
     
     (b) Requires a dealer, before moving or opening an
       additional place of business, to register the new location
       with the department.
       
             PART 3.  DUTIES OF LICENSE HOLDER
       
       Sec. 3.01.  CERTIFICATE OF TITLE.  (a) Requires a dealer, if
     the dealer acquires ownership of a late model salvage vehicle
     from an owner, to receive an assigned certificate of title. 
     Sets forth provisions for a certificate of title which is not
     a salvage or nonrepairable certificate or comparable ownership
     document issued by another state or jurisdiction (comparable
     document).
     
     (b) Requires a dealer, if a late model salvage or
       nonrepairable vehicle is to be dismantled, scrapped, or
       destroyed, to surrender an assigned, salvage, or
       nonrepairable certificate of title, or comparable document
       to the department within 30 days of acquiring the vehicle,
       and to report to the department that the vehicle was
       dismantled, scrapped, or destroyed.
       
       (c) Requires a license holder, if a dealer license holder
       acquires ownership of an older model vehicle from an owner,
       receives an assigned certificate of title, and the vehicle
       is to be dismantled, scrapped, or destroyed, to surrender
       the assigned certificate to the department within 30 days of
       receiving the title; to present evidence that the vehicle
       was dismantled, scrapped, or destroyed; and to keep a record
       on the vehicle.
       
       Sec. 3.02.  RECORDS.  Requires each licensed dealer to
     maintain records of each salvage vehicle and any salvage parts
     purchased, and sales records as required by this article.
     
     Sec. 3.03.  AUTHORIZED SALE.  Prohibits a person from selling,
     transferring, or releasing a late model salvage or
     nonrepairable vehicle to anyone except certain parties. 
     
     Sec. 3.04.  AGENTS.  Authorizes a license holder to authorize
     not more than two persons as agents who may acquire, sell, or
     deal in late model salvage or nonrepairable vehicles or in
     salvage parts.  Entitles an agent to an agent license on
     application to the department and payment of the required fee.
     
         PART 4.  DISCIPLINARY ACTIONS AND PENALTIES
     
     Sec. 4.01.  DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.  (a)
     Authorizes the department to deny, suspend, revoke, or
     reinstate a license issued under this article.
     
     (b) Requires the commission to adopt rules establishing the
       grounds for the denial, suspension, revocation, or
       reinstatement of a license and establishing procedures for
       disciplinary action.
       
       (c) Subjects certain proceedings to Chapter 2001, Government
       Code.
       
       (d) Prohibits a person whose license is revoked from
       applying for a new license before the first anniversary of
       the date of the revocation.
       
       Sec. 4.02.  CRIMINAL PENALTY.  Provides that a person commits
     an offense, classified as a Class A misdemeanor, if the person
     acts as a dealer or agent without the appropriate licenses
     issued under this article.  Provides that a person commits an
     offense if the person violates a provision of this article,
     other than Subsection (a) or (b) of this section, or a rule
     adopted under this article.
     
               PART 5.  EFFECT ON LOCAL REGULATION

     Sec. 5.01.  CUMULATIVE EFFECT; EFFECT ON MUNICIPAL LICENSES. 
     (a) Provides that this article is cumulative of municipal
     ordinances relating to the regulation of persons who deal in
     salvage vehicles.
     
     (b) Provides that this article does not prohibit the
       enforcement of a requirement of a municipal license or
       permit that is related to an activity regulated under this
       article.
SECTION 2. Amends Section 1, Article 6687-2, V.T.C.S., as follows:

     Sec. 1.  SALVAGE VEHICLE DEALERS.  (a) Defines "salvage
     vehicle dealer," rather than "motor vehicle salvage dealer."
     Makes conforming changes.
     
     (b) Prohibits a dealer with an endorsement as a used vehicle
     parts dealer from receiving a motor vehicle unless the dealer
     first obtains a certificate of authority, sales receipt,
     transfer document or certificate showing that there are no
     liens on the vehicle or that all liens have been released.
     Makes conforming and nonsubstantive changes.
     
     (c) Requires a dealer to keep an inventory of used component
     parts, rather than component parts, including a photocopy of
     the seller's driver's license.
     
     (d) Provides that a dealer is not required to keep records
     under Subsection (c) of certain used component parts. 
     
     (e)-(f) Make conforming and nonsubstantive changes.
     
     (g)(1) Requires a dealer to perform certain actions related to
     inventory, except as provided by Subdivision (3).
     
     (2) Prohibits the removal of a unique inventory number
       attached to a component part as required by Subdivision (1)
       from being removed while the part remains in the inventory
       of the dealer.
       
       (3) Provides that Subdivisions (1) and (2) do not apply to
       the purchase by a dealer of a nonoperable engine,
       transmission, or rear axle assembly from another dealer or
       an automotive-related business.
     (h)-(o) Redesignate existing Subsections (g)-(n) and make
     conforming and nonsubstantive changes.
     
     SECTION 3.     Amends Article 6687-2a, V.T.C.S., to make conforming
changes.

SECTION 4. Amends Subsections (a) and (f), Article 6687-2b,
V.T.C.S., to make conforming and nonsubstantive changes.

SECTION 5. Repealer: Subsection (b), Article 6687-2b, V.T.C.S.
(Hours of operation of motor vehicle salvage yard in populous
counties).

SECTION 6. Provides that a person is not required to hold a dealer
license under Article 6687-1A, V.T.C.S., until March 1, 1996.

SECTION 7. (a) Effective date of this Act: September 1, 1995.

     (b) Effective date of Sections 2.01 and 4.02: March 1, 1996.
     (c) Requires the commission to adopt rules for dealer
     regulation not later than December 1, 1995.
     
     SECTION 8.     Emergency clause.