By Hochberg H.B. No. 300 74R2100 JD-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the release of the transferor of a used or secondhand 1-3 motor vehicle from certain civil and criminal consequences arising 1-4 out of the use, operation, or abandonment of the vehicle. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Article 6687-5, Revised Statutes, is amended by 1-7 adding Section 4 to read as follows: 1-8 Sec. 4. (a) A person who transfers ownership of a used or 1-9 secondhand motor vehicle in this state, including by sale or trade, 1-10 and delivers possession of the vehicle to another person may make a 1-11 disclosure to the department, on a form prescribed by the 1-12 department, of the vehicle's transfer. 1-13 (b) The prescribed form must include a place for the 1-14 transferor to state: 1-15 (1) the vehicle identification number for the vehicle; 1-16 (2) the number of the license plate issued to the 1-17 vehicle, if any; 1-18 (3) the full name and address of the transferor; 1-19 (4) the full name and address of the transferee; 1-20 (5) the date that the transferor delivered possession 1-21 of the vehicle to the transferee; 1-22 (6) the signature of the transferor; and 1-23 (7) the date the transferor signed the form. 1-24 (c) The transferor of a motor vehicle is not subject to 2-1 civil or criminal liability that would be incurred by an owner of 2-2 the vehicle after the date the transferor delivers possession of 2-3 the vehicle to the transferee if the transferor: 2-4 (1) executes the form described by this section; 2-5 (2) delivers the executed form to the department no 2-6 later than the 10th day after the date the transferor delivers 2-7 possession of the vehicle to the transferee; and 2-8 (3) pays to the department any required filing fee. 2-9 (d) The department shall keep each form filed with the 2-10 department under this section for at least two years after the date 2-11 of filing. 2-12 (e) The department may adopt a fee for filing a document 2-13 under this section in an amount that may not exceed the actual cost 2-14 to the department of implementing this section. 2-15 SECTION 2. It is not the intent of the legislature to impose 2-16 or establish civil or criminal liability on the owner of a motor 2-17 vehicle who transfers ownership of the vehicle but does not make 2-18 the disclosure of the transfer to the Texas Department of 2-19 Transportation under Section 4, Article 6687-5, Revised Statutes, 2-20 as added by Section 1 of this Act. 2-21 SECTION 3. This Act takes effect September 1, 1995. 2-22 SECTION 4. The importance of this legislation and the 2-23 crowded condition of the calendars in both houses create an 2-24 emergency and an imperative public necessity that the 2-25 constitutional rule requiring bills to be read on three several 2-26 days in each house be suspended, and this rule is hereby suspended.