By De La Garza H.B. No. 523
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to stolen vehicle checkpoints near the Mexico border;
1-3 relating to the jurisdiction of a magistrate to hear a stolen
1-4 property disposition hearing; relating to certain information
1-5 required on a certificate of title.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Subsection (b) of Section 411.0095, Government
1-8 Code, is amended to read as follows:
1-9 (b) A checkpoint may be established for the purpose of
1-10 preventing stolen vehicles, farm tractors or implements, or
1-11 construction equipment from entering Mexico if the checkpoint is:
1-12 (1) located within 250 yards north of a federally
1-13 designated crossing at <feet of> the Mexican border;
1-14 (2) located on a public highway or street leading
1-15 directly to an international crossing; and
1-16 (3) designed to stop only traffic bound for Mexico.
1-17 SECTION 2. Section 411.0095, Government Code, is renumbered
1-18 Section 411.0096, Government Code.
1-19 SECTION 3. Section (a) of Article 47.01a, Code of Criminal
1-20 Procedure, is amended to read as follows:
1-21 (a) If a criminal action relating to allegedly stolen
1-22 property is not pending, a district judge, county court judge,
1-23 statutory county court judge, or justice of the peace having
2-1 jurisdiction as a magistrate in the county in which the property is
2-2 held or a municipal judge having jurisdiction as a magistrate in
2-3 the municipality in which the property is being held may hold a
2-4 hearing to determine the right to possession of the property, upon
2-5 the petition of an interested person, a county, a city, or the
2-6 state. Jurisdiction under this section is based solely on
2-7 jurisdiction as a criminal magistrate under this code and not
2-8 jurisdiction as a civil court. The court shall:
2-9 (1) order the property delivered to whoever has the
2-10 superior right to possession, without conditions; or
2-11 (2) on the filing of a written motion before trial by
2-12 an attorney representing the state, order the property delivered to
2-13 whoever has the superior right to possession, subject to the
2-14 condition that the property be made available to the prosecuting
2-15 authority should it be needed in future prosecutions; or
2-16 (3) order the property awarded to the custody of the
2-17 peace officer, pending resolution of criminal investigations
2-18 regarding the property.
2-19 SECTION 6. Section 24, Certificate of Title Act (Article
2-20 6687-1, Vernon's Texas Civil Statutes), is amended to read as
2-21 follows:
2-22 (a) In this section, the <The> term:
2-23 (1) "Certificate of Title" means a written instrument
2-24 which may be issued solely by and under the authority of the
2-25 department, and which must contain the information required by this
3-1 section or the department;
3-2 (2) "color" means a notation indicating the
3-3 approximate color of a vehicle and any descriptive modifiers
3-4 required or permitted by the department;
3-5 (3) "body type" means a notation indicating the
3-6 significant physical characteristics describing the body of a
3-7 vehicle, including but not limited to the number of doors or any
3-8 similar essential description;
3-9 (4) "make" means a notation indicating the marque or
3-10 trade name assigned to a vehicle by its commercial manufacturer
3-11 which differentiates one manufacturer from another;
3-12 (5) "style" means a notation indicating the
3-13 commercially assigned name given to a series of vehicles by the
3-14 manufacturer; and
3-15 (6) "year model" means a notation indicating the
3-16 formally assigned year of manufacture as designated by the
3-17 manufacturer on the statement of origin documents.
3-18 (b) The color, body type, make, style, and year model shall
3-19 be selected from a list determined by the department.
3-20 (c) The certificate of title shall give the following data
3-21 together with such other data as the department may require from
3-22 time to time:
3-23 (1) <(a)> The name and address of the purchaser and
3-24 seller at first sale or transferee and transferor at any subsequent
3-25 sale.
4-1 (2) <(b)> The year model and make.
4-2 (3) <(c)> The style, color, and body type.
4-3 (4) <(d)> The vehicle identification number or motor
4-4 number, as required by the department<. At such time as the
4-5 stamping of permanent identification numbers on motor vehicles in a
4-6 manner and place easily accessible for physical examination is
4-7 universally adopted by motor vehicle manufacturers as the permanent
4-8 vehicle identification, the department is authorized to use such
4-9 permanent identification number as the major identification of
4-10 motor vehicles subsequently manufactured. The motor number will
4-11 continue to be the major identification of vehicles manufactured
4-12 before such change is adopted>
4-13 (5) <(e)> The serial number.
4-14 (6) <(f)> The license number of the current Texas
4-15 plates.
4-16 (7) <(g)> The names and addresses and dates of any
4-17 liens on the motor vehicle, in chronological order of recordation.
4-18 (8) <(h)> If no liens are registered on the motor
4-19 vehicle, a statement of such fact.
4-20 (9) <(i)> A space for the signature of the owner and
4-21 the owner shall write his name with pen and ink in such space upon
4-22 receipt of the certificate.
4-23 (10) <(j)> A statement indicating "rights of
4-24 survivorship" when an agreement providing that the motor vehicle is
4-25 to be held between a husband and wife jointly with the interest of
5-1 either spouse who dies to survive to the surviving spouse is
5-2 surrendered with the application for certificate of title. This
5-3 agreement is valid only if signed by both husband and wife and, if
5-4 signed, the certificate shall be issued in the name of both.
5-5 (11) <(k)> If the motor vehicle is equipped with an
5-6 odometer, the number of miles the motor vehicle has traveled as
5-7 reflected by the application.
5-8 SECTION 4. This Act takes effect September 1, 1995.
5-9 SECTION 5. The importance of this legislation and the
5-10 crowded condition of the calendars in both houses create an
5-11 emergency and an imperative public necessity that the
5-12 constitutional rule requiring bills to be read on three several
5-13 days in each house be suspended, and this rule is hereby suspended,
5-14 and that this Act take effect and be in force from and after its
5-15 passage, and it is so enacted.