BILL ANALYSIS


                                                    C.S.S.B. 1435
                                                       By: Sibley
                                                    Jurisprudence
                                                           5-3-95
                                   Committee Report (Substituted)
BACKGROUND

When a right of survivorship agreement exists, a surviving spouse
is required only to produce a death certificate in order to have a
new motor vehicle title issued in the surviving spouse's name. 
Although this is current law, a surviving spouse is often required
to produce more than a copy of the death certificate.  At a time of
bereavement, requiring a surviving spouse to find, copy, and
produce more documents than are required is unnecessary. 

PURPOSE

As proposed, C.S.S.B. 1435 sets forth requirements for the rights
of survivorship agreement between spouses regarding the joint
ownership and transfer of title of a jointly owned motor vehicle.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 6687-1, V.T.C.S. (Certificate of Title
Act), by adding Section 35A, as follows:

     Sec. 35A.  (a) Requires the Texas Department of Transportation
     (department) to include on each certificate of title (title)
     a rights of survivorship agreement form (agreement).  Sets
     forth requirements for the agreement.
     
     (b) Authorizes, if the vehicle is registered in the name of
       either spouse or both and if the agreement is signed by
       both, ownership of the vehicle to be transferred only by
       both spouses acting jointly; and, on the death of one of the
       spouses, ownership to be transferred by the surviving spouse
       by transferring the title with a copy of the death
       certificate of the deceased spouse attached, and requires
       the department to issue a new title in the name of the
       surviving spouse or transferee without requiring additional
       evidence of the spouse's death.
       
       (c) Authorizes an agreement to be revoked only by surrender
       of the title to the department and joint application by the
       husband and wife for a new title in the name of the persons
       designated in the application.
SECTION 2. Amends Sections 24 and 35, Article 6687-1, V.T.C.S., to
redefine "certificate of title."  Deletes a provision requiring the
department to issue a new title to the surviving spouse upon being
provided with a copy of the death certificate of the deceased
spouse if an agreement providing for rights of survivorship is
signed by the husband and wife.

SECTION 3. Provides that this Act does not affect the validity of
a rights of survivorship indication included by the department on
a title before the effective date of this Act.  Makes application
of this Act prospective.

SECTION 4. Effective date: September 1, 1995.

SECTION 5. Emergency clause.