By:  Brown                                            S.B. No. 1445
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to transfer of title to a motor vehicle, procurement of a
    1-2  copy of a motor vehicle certificate of title, the collection and
    1-3  administration of the motor vehicle sales tax, and certain
    1-4  disclosures that must be made to the purchaser of a motor vehicle.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 152.001, Tax Code, is amended to read as
    1-7  follows:
    1-8        Sec. 152.001.  Definitions.  In this chapter:
    1-9              (1)  "Sale" includes:
   1-10                    (A)  an installment and credit sale;
   1-11                    (B)  an exchange of property for property or
   1-12  money;
   1-13                    (C)  an exchange in which property is transferred
   1-14  but the seller retains title as security for payment of the
   1-15  purchase price; and
   1-16                    (D)  any other closed transaction that
   1-17  constitutes a sale.
   1-18              (2)  "Retail sale" means a sale of a motor vehicle
   1-19  except:
   1-20                    (A)  a sale in which the purchaser is a dealer
   1-21  who holds a general distinguishing number issued pursuant to the
   1-22  terms of Article 6686, Revised Statutes, who acquires a vehicle for
   1-23  the exclusive purpose of resale; or
    2-1                    (B)  a sale of a vehicle that is operated under
    2-2  and in accordance with Article 6686, Revised Civil Statutes of
    2-3  Texas, 1925, as amended.
    2-4              (3)  "Motor Vehicle" includes:
    2-5                    (A)  a self-propelled vehicle designed to
    2-6  transport persons or property on a public highway;
    2-7                    (B)  a trailer and semitrailer, including a van,
    2-8  flatbed, tank, dumpster, dolly, jeep, stinger, auxiliary axle, or
    2-9  converter gear; and
   2-10                    (C)  a house trailer as defined by the
   2-11  Certificate of Title Act (Article 6687-1, Vernon's Texas Civil
   2-12  Statutes).
   2-13              (4)  "Motor Vehicle" does not include:
   2-14                    (A)  a device moved only by human power;
   2-15                    (B)  a device used exclusively on stationary
   2-16  rails or tracks;
   2-17                    (C)  road-building machinery; <or>
   2-18                    (D)  a mobile office; or
   2-19                    (E)  a vehicle with respect to which the
   2-20  certificate of title has been surrendered in exchange for a salvage
   2-21  certificate in the manner provided by law.
   2-22              (5)  "Rental" means:
   2-23                    (A)  an agreement by the owner of a motor vehicle
   2-24  to give for not longer than 180 days the exclusive use of that
   2-25  vehicle to another for consideration;
    3-1                    (B)  an agreement by the original manufacturer of
    3-2  a motor vehicle to give exclusive use of the motor vehicle to
    3-3  another for consideration; or
    3-4                    (C)  an agreement to give exclusive use of a
    3-5  motor vehicle to another for re-rental purposes.
    3-6              (6)  "Lease" means an agreement, other than a rental,
    3-7  by an owner of a motor vehicle to give for longer than 180 days
    3-8  exclusive use of the vehicle to another for consideration.
    3-9              (7)  "Public agency" means:
   3-10                    (A)  a department, commission, board, office,
   3-11  institution, or other agency of this state or of a county, city,
   3-12  town, school district, hospital district, water district, or other
   3-13  special district or authority or political subdivision created by
   3-14  or under the constitution or the statutes of this state; or
   3-15                    (B)  an unincorporated agency or instrumentality
   3-16  of the United States.
   3-17              (8)  "Gross rental receipts" means value received or
   3-18  promised as consideration to the owner of a motor vehicle for
   3-19  rental of the vehicle, but does not include:
   3-20                    (A)  separately stated charges for insurance;
   3-21                    (B)  charges for damages to the motor vehicle
   3-22  occurring during the rental agreement period;
   3-23                    (C)  separately stated charges for motor fuel
   3-24  sold by the owner of the motor vehicle; or
   3-25                    (D)  discounts.
    4-1              (9)  "Owner of a motor vehicle" means:
    4-2                    (A)  a person named in the certificate of title
    4-3  as the owner of the vehicle; or
    4-4                    (B)  a person who has the exclusive use of a
    4-5  motor vehicle by reason of a rental and holds the vehicle for
    4-6  re-rental.
    4-7              (10)  "Orthopedically handicapped person" means a
    4-8  person who because of a physical impairment is unable to operate or
    4-9  reasonably be transported in a motor vehicle that has not been
   4-10  specially modified.
   4-11              (11)  "Volunteer fire department" means a company,
   4-12  department, or association whose members receive no or nominal
   4-13  compensation and which is organized for the purpose of answering
   4-14  fire alarms and extinguishing fires or answering fire alarms,
   4-15  extinguishing fires, and providing emergency medical services.
   4-16              (12)  "Motor vehicle used for religious purposes" means
   4-17  a motor vehicle that is:
   4-18                    (A)  designed to carry more than six passengers;
   4-19                    (B)  sold to, rented to, or used by a church or
   4-20  religious society;
   4-21                    (C)  used primarily for the purpose of providing
   4-22  transportation to and from a church or religious service or
   4-23  meeting; and
   4-24                    (D)  not registered as a passenger vehicle and
   4-25  not used primarily for the personal or official needs or duties of
    5-1  a minister.
    5-2              (13)  "Farm machine" means a self-propelled motor
    5-3  vehicle specially adapted for use in the production of crops or
    5-4  rearing of livestock, including poultry, and use in feedlots and
    5-5  includes a self-propelled motor vehicle specially adapted for
    5-6  applying plant food materials, agricultural chemicals, or feed for
    5-7  livestock.  "Farm machine" does not include any self-propelled
    5-8  motor vehicle specifically designed or specially adapted for the
    5-9  sole purpose of transporting agricultural products, plant food
   5-10  materials, agricultural chemicals, or feed for livestock.
   5-11              (14) <(15)>  "Nonprofit" means:
   5-12                    (A)  organized as a nonprofit corporation under
   5-13  the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq.,
   5-14  Vernon's Texas Civil Statutes); or
   5-15                    (B)  organized and operated in a way that does
   5-16  not result in accrual of distributable profits, realization of
   5-17  private gain resulting from payment of compensation other than
   5-18  reasonable compensation for services rendered by persons who are
   5-19  not members of the organization, or realization of any other form
   5-20  of private gain.
   5-21              (15) <(16)>  "Seller-financed sale" means a retail sale
   5-22  of a motor vehicle by a dealer licensed under Article 6686, Revised
   5-23  Statutes, in which the seller collects all or part of the total
   5-24  consideration in periodic payments and retains a lien on the motor
   5-25  vehicle until all payments have been received.  The term does not
    6-1  include a:
    6-2                    (A)  retail sale of a motor vehicle in which a
    6-3  person other than the seller provides the consideration for the
    6-4  sale and retains a lien on the motor vehicle as collateral;
    6-5                    (B)  lease; or
    6-6                    (C)  rental.
    6-7              (16)  "Mobile office" means a trailer designed to be
    6-8  used as an office, sales outlet, or other workplace.
    6-9        SECTION 2.  Subsection (a), Section 152.021, Tax Code, is
   6-10  amended to read as follows:
   6-11        (a)  A tax is imposed on every retail sale of every motor
   6-12  vehicle sold in this state.  Except as provided by this chapter
   6-13  <Section 152.047>, the tax is an obligation of and shall be paid by
   6-14  the purchaser of the motor vehicle.
   6-15        SECTION 3.  Chapter 152, Tax Code, is amended by adding
   6-16  Section 152.0411 to read as follows:
   6-17        Sec. 152.0411.  COLLECTION BY SELLERS.  (a)  A seller who
   6-18  makes a sale subject to the sales tax imposed by Section 152.021
   6-19  shall add the amount of the tax to the sales price, and when the
   6-20  amount of the tax is added:
   6-21              (1)  it is a debt of the purchaser to the seller until
   6-22  paid; and
   6-23              (2)  if unpaid, it is recoverable at law in the same
   6-24  manner as the original sales price.
   6-25        (b)  The seller shall collect the tax from the purchaser and
    7-1  remit it to the tax assessor-collector in the time and manner
    7-2  provided by law.
    7-3        (c)  This section applies only to the sale of a vehicle that
    7-4  is to be titled and registered in Texas.  If a purchaser intends to
    7-5  register a vehicle outside Texas, the purchaser shall comply with
    7-6  the terms of Section 152.092.
    7-7        (d)  This section does not apply to a seller-financed sale.
    7-8        SECTION 4.  Section 152.044, Tax Code, is amended to read as
    7-9  follows:
   7-10        Sec. 152.044.  Payment by Seller.  (a)  If the comptroller on
   7-11  an audit of the records of a seller finds that the amount of tax
   7-12  due was incorrectly reported on a joint statement and that the
   7-13  amount of tax paid was less than the amount due <or that the seller
   7-14  failed to execute and deliver to the purchaser a joint statement
   7-15  and any other documents necessary to register the vehicle>, the
   7-16  seller and purchaser are jointly and severally liable for the
   7-17  amount of the tax determined to be due.
   7-18        (b)  The comptroller shall ascertain compliance with the
   7-19  terms of this section.  If the comptroller on an audit of the
   7-20  records of any person finds that the documents necessary to title
   7-21  and register a vehicle in the name of the purchaser of the vehicle
   7-22  have not been executed and delivered to the tax assessor-collector,
   7-23  together with tax due, if any, the seller is liable for the amount
   7-24  of the tax due, plus penalty and interest, if any.
   7-25        SECTION 5.  Section 27, Certificate of Title Act (Article
    8-1  6687-1, Vernon's Texas Civil Statutes), is amended to read as
    8-2  follows:
    8-3        Sec. 27.  (a)  Before selling or disposing of any motor
    8-4  vehicle required to be registered or licensed in this State on any
    8-5  highway or public place within this State, except with dealer's
    8-6  metal or cardboard license number thereto attached as now provided
    8-7  by law, the owner shall make application to the designated agent in
    8-8  the county of his domicile or the county in which the vehicle is
    8-9  purchased or encumbered upon a form to be prescribed by the
   8-10  Department for a certificate of title for such motor vehicle.
   8-11        (b)  The seller of a motor vehicle shall apply for the
   8-12  registration of and Texas certificate of title in the name of the
   8-13  purchaser of the motor vehicle that is the subject of the sale.
   8-14  The seller shall file with the appropriate designated agent all
   8-15  documents necessary to transfer title to the vehicle and register
   8-16  the vehicle in the name of the purchaser and at the same time shall
   8-17  remit motor vehicle sales tax, if any.  The duty placed on the
   8-18  seller by this section is solely that of the seller and applies
   8-19  both to a first sale and a subsequent sale.
   8-20        (c)  The seller shall complete the transfer of title and
   8-21  registration requirements placed on the seller by Subsection (b) of
   8-22  this section in the time and manner provided by law.
   8-23        SECTION 6.  Section 36, Certificate of Title Act (Article
   8-24  6687-1, Vernon's Texas Civil Statutes), is amended to read as
   8-25  follows:
    9-1        Sec. 36.  (a)  Should a certificate of title, "Duplicate
    9-2  Original" or "Original," be lost or destroyed, the owner or lien
    9-3  holder thereof may, in the manner provided by this section and the
    9-4  rules of the Department, procure a certified copy of same directly
    9-5  from the Department by making application upon such form as may be
    9-6  prescribed by the Department from time to time, accompanied by a
    9-7  fee of $2, which shall be deposited in the State Highway Fund and
    9-8  be expended as provided by Section 57 of this Act, provided
    9-9  however, that the certified copy of the certificate of title marked
   9-10  "Original" shall issue only to the first lien holder where a lien
   9-11  is disclosed thereon.  Said certified copy and all subsequent
   9-12  certificates of title issued, until transfer of ownership of said
   9-13  motor vehicle, shall be plainly marked across their faces
   9-14  "Certified Copy," and all subsequent purchasers or lien holders of
   9-15  said motor vehicle shall acquire only such rights, title, or
   9-16  interest in such motor vehicles as the holder of the said certified
   9-17  copy had, provided however, that upon the transfer of title to said
   9-18  motor vehicle, the words "Certified Copy" shall be eliminated from
   9-19  the new certificate of title.  Any purchasers or lien holders of
   9-20  such motor vehicle may at the time of such purchase or at the time
   9-21  lien is established require the seller or owner to indemnify him
   9-22  and all subsequent purchasers of said motor vehicle against any
   9-23  loss which he or they may suffer by reason of any claim or claims
   9-24  presented upon the said original certificate of title.  In the
   9-25  event of recovery of the said certificate of title, "Duplicate
   10-1  Original" or "Original" thereof, the said owner shall forthwith
   10-2  surrender the same to the Department for cancellation and the words
   10-3  "Certified Copy" shall be eliminated from said certificates
   10-4  thereafter issued by the Department.
   10-5        (b)  Except as provided by this subsection, the Department
   10-6  may not issue a certified copy of a certificate of title before the
   10-7  fourth business day after application has been made.  The
   10-8  Department may issue a certified copy of a certificate of title to
   10-9  the registered owner of the vehicle or the holder of a recorded
  10-10  lien against the vehicle, or a verified agent of either, before the
  10-11  fourth business day following application if the applicant submits
  10-12  personal identification, including a photograph, issued by an
  10-13  agency of this state or the United States.  If the applicant is an
  10-14  agent seeking issuance of a certified copy of a certificate of
  10-15  title to a motor vehicle on behalf of the registered owner or lien
  10-16  holder, the agent shall submit verifiable proof that the person is
  10-17  an agent of the registered owner or lien holder and personal
  10-18  identification, including a photograph, issued by agency of this
  10-19  state or the United States.  In addition to the other requirements
  10-20  of this subsection, if an applicant for a certified copy of a
  10-21  certificate of title is a person other than the registered owner of
  10-22  the vehicle or the registered holder of a lien against the vehicle,
  10-23  or a verified agent of either, the Department may not issue a
  10-24  certified copy of a certificate of title to a vehicle except by
  10-25  mail.
   11-1        SECTION 7.  Section (b), Article 6.10, Title 79, Revised
   11-2  Statutes (Article 5069-6.10, Vernon's Texas Civil Statutes), is
   11-3  amended to read as follows:
   11-4        (b)  Preliminary worksheets that are shown to the buyer in
   11-5  which a sale price is computed, an order from the buyer, and the
   11-6  retail installment contract must include, in reasonable proximity
   11-7  to the place in the worksheet, order, or contract where the
   11-8  documentary fee is disclosed, the amount of the fee and the
   11-9  following notice in bold-faced type:
  11-10        "A DOCUMENTARY FEE IS NOT AN OFFICIAL FEE AND IS NOT
  11-11        REQUIRED BY LAW, BUT MAY BE CHARGED TO A BUYER FOR THE
  11-12        HANDLING OF DOCUMENTS AND THE PERFORMING OF SERVICES
  11-13        RELATED TO THE CLOSING OF A SALE.  <A BUYER MAY AVOID
  11-14        PAYMENT OF THE FEE BY HANDLING THESE DOCUMENTS AND
  11-15        PERFORMING THESE SERVICES.>  A DOCUMENTARY FEE MAY NOT
  11-16        EXCEED $50.  THIS NOTICE IS REQUIRED BY LAW."
  11-17        SECTION 8.  Section (h-1), Article 7.01, Title 79, Revised
  11-18  Statutes (Article 5069-7.01, Vernon's Texas Civil Statutes), is
  11-19  amended to read as follows:
  11-20        (h-1)  In addition to the provisions of Section (h) of this
  11-21  article, "principal balance" includes a motor vehicle inspection
  11-22  fee and a documentary fee for services actually rendered to, for or
  11-23  on behalf of the retail buyer in preparing, handling, and
  11-24  processing documents relating to the motor vehicle and the closing
  11-25  of the transaction evidenced by the retail installment contract.
   12-1  If a documentary fee is charged:
   12-2                          (i)  it must be charged to both cash and
   12-3  credit buyers;
   12-4                          (ii)  it may not exceed $50;
   12-5                          (iii)  it shall be disclosed on the retail
   12-6  installment contract as a separate itemized charge; and
   12-7                          (iv)  the buyer's order and the retail
   12-8  installment contract shall include in reasonable proximity to the
   12-9  point in the buyer's order and retail installment contract where
  12-10  the documentary fee is disclosed the amount of the documentary fee
  12-11  to be charged and the following notice in type that is boldfaced,
  12-12  capitalized, underlined, or otherwise set out from surrounding
  12-13  written material so as to be conspicuous:
  12-14        "A DOCUMENTARY FEE IS NOT AN OFFICIAL FEE.  A
  12-15        DOCUMENTARY FEE IS NOT REQUIRED BY LAW, BUT MAY BE
  12-16        CHARGED TO BUYERS FOR HANDLING DOCUMENTS AND PERFORMING
  12-17        SERVICES RELATING TO THE CLOSING OF A SALE.  <BUYERS
  12-18        MAY AVOID PAYMENT OF THE FEE TO THE SELLER BY HANDLING
  12-19        THE DOCUMENTS AND PERFORMING THE SERVICES RELATING TO
  12-20        THE CLOSING OF THE SALE.>  A DOCUMENTARY FEE MAY NOT
  12-21        EXCEED $50.  THIS NOTICE IS REQUIRED BY LAW."
  12-22                          (v)  If the language primarily used in the
  12-23  oral sales presentation is not the same as that in which the retail
  12-24  installment contract is written, the seller shall furnish to the
  12-25  buyer a written statement containing the notice set out in
   13-1  Subsection (iv) in the language primarily used in the oral sales
   13-2  presentation.
   13-3        SECTION 9.  This Act takes effect January 1, 1996.
   13-4        SECTION 10.  The importance of this legislation and the
   13-5  crowded condition of the calendars in both houses create an
   13-6  emergency and an imperative public necessity that the
   13-7  constitutional rule requiring bills to be read on three several
   13-8  days in each house be suspended, and this rule is hereby suspended,
   13-9  and that this Act take effect and be in force according to its
  13-10  terms, and it is so enacted.