1-1  By:  Brown                                            S.B. No. 1445
    1-2        (In the Senate - Filed March 13, 1995; March 20, 1995, read
    1-3  first time and referred to Committee on Finance; April 7, 1995,
    1-4  reported adversely, with favorable Committee Substitute by the
    1-5  following vote:  Yeas 11, Nays 0; April 7, 1995, sent to printer.)
    1-6  COMMITTEE SUBSTITUTE FOR S.B. No. 1445                   By:  Brown
    1-7                         A BILL TO BE ENTITLED
    1-8                                AN ACT
    1-9  relating to transfer of title to a motor vehicle, the collection
   1-10  and administration of the motor vehicle sales tax, and certain
   1-11  disclosures that must be made to the purchaser of a motor vehicle.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Section 152.001, Tax Code, is amended to read as
   1-14  follows:
   1-15        Sec. 152.001.  Definitions.  In this chapter:
   1-16              (1)  "Sale" includes:
   1-17                    (A)  an installment and credit sale;
   1-18                    (B)  an exchange of property for property or
   1-19  money;
   1-20                    (C)  an exchange in which property is transferred
   1-21  but the seller retains title as security for payment of the
   1-22  purchase price; and
   1-23                    (D)  any other closed transaction that
   1-24  constitutes a sale.
   1-25              (2)  "Retail sale" means a sale of a motor vehicle
   1-26  except:
   1-27                    (A)  a sale in which the purchaser is a dealer
   1-28  who holds a general distinguishing number issued pursuant to the
   1-29  terms of Article 6686, Revised Statutes, who acquires a vehicle for
   1-30  the exclusive purpose of resale; or
   1-31                    (B)  a sale of a vehicle that is operated under
   1-32  and in accordance with Article 6686, Revised Civil Statutes of
   1-33  Texas, 1925, as amended.
   1-34              (3)  "Motor Vehicle" includes:
   1-35                    (A)  a self-propelled vehicle designed to
   1-36  transport persons or property on a public highway;
   1-37                    (B)  a trailer and semitrailer, including a van,
   1-38  flatbed, tank, dumpster, dolly, jeep, stinger, auxiliary axle, or
   1-39  converter gear; and
   1-40                    (C)  a house trailer as defined by the
   1-41  Certificate of Title Act (Article 6687-1, Vernon's Texas Civil
   1-42  Statutes).
   1-43              (4)  "Motor Vehicle" does not include:
   1-44                    (A)  a device moved only by human power;
   1-45                    (B)  a device used exclusively on stationary
   1-46  rails or tracks;
   1-47                    (C)  road-building machinery; <or>
   1-48                    (D)  a mobile office; or
   1-49                    (E)  a vehicle with respect to which the
   1-50  certificate of title has been surrendered in exchange for a salvage
   1-51  certificate in the manner provided by law.
   1-52              (5)  "Rental" means:
   1-53                    (A)  an agreement by the owner of a motor vehicle
   1-54  to give for not longer than 180 days the exclusive use of that
   1-55  vehicle to another for consideration;
   1-56                    (B)  an agreement by the original manufacturer of
   1-57  a motor vehicle to give exclusive use of the motor vehicle to
   1-58  another for consideration; or
   1-59                    (C)  an agreement to give exclusive use of a
   1-60  motor vehicle to another for re-rental purposes.
   1-61              (6)  "Lease" means an agreement, other than a rental,
   1-62  by an owner of a motor vehicle to give for longer than 180 days
   1-63  exclusive use of the vehicle to another for consideration.
   1-64              (7)  "Public agency" means:
   1-65                    (A)  a department, commission, board, office,
   1-66  institution, or other agency of this state or of a county, city,
   1-67  town, school district, hospital district, water district, or other
   1-68  special district or authority or political subdivision created by
    2-1  or under the constitution or the statutes of this state; or
    2-2                    (B)  an unincorporated agency or instrumentality
    2-3  of the United States.
    2-4              (8)  "Gross rental receipts" means value received or
    2-5  promised as consideration to the owner of a motor vehicle for
    2-6  rental of the vehicle, but does not include:
    2-7                    (A)  separately stated charges for insurance;
    2-8                    (B)  charges for damages to the motor vehicle
    2-9  occurring during the rental agreement period;
   2-10                    (C)  separately stated charges for motor fuel
   2-11  sold by the owner of the motor vehicle; or
   2-12                    (D)  discounts.
   2-13              (9)  "Owner of a motor vehicle" means:
   2-14                    (A)  a person named in the certificate of title
   2-15  as the owner of the vehicle; or
   2-16                    (B)  a person who has the exclusive use of a
   2-17  motor vehicle by reason of a rental and holds the vehicle for
   2-18  re-rental.
   2-19              (10)  "Orthopedically handicapped person" means a
   2-20  person who because of a physical impairment is unable to operate or
   2-21  reasonably be transported in a motor vehicle that has not been
   2-22  specially modified.
   2-23              (11)  "Volunteer fire department" means a company,
   2-24  department, or association whose members receive no or nominal
   2-25  compensation and which is organized for the purpose of answering
   2-26  fire alarms and extinguishing fires or answering fire alarms,
   2-27  extinguishing fires, and providing emergency medical services.
   2-28              (12)  "Motor vehicle used for religious purposes" means
   2-29  a motor vehicle that is:
   2-30                    (A)  designed to carry more than six passengers;
   2-31                    (B)  sold to, rented to, or used by a church or
   2-32  religious society;
   2-33                    (C)  used primarily for the purpose of providing
   2-34  transportation to and from a church or religious service or
   2-35  meeting; and
   2-36                    (D)  not registered as a passenger vehicle and
   2-37  not used primarily for the personal or official needs or duties of
   2-38  a minister.
   2-39              (13)  "Farm machine" means a self-propelled motor
   2-40  vehicle specially adapted for use in the production of crops or
   2-41  rearing of livestock, including poultry, and use in feedlots and
   2-42  includes a self-propelled motor vehicle specially adapted for
   2-43  applying plant food materials, agricultural chemicals, or feed for
   2-44  livestock.  "Farm machine" does not include any self-propelled
   2-45  motor vehicle specifically designed or specially adapted for the
   2-46  sole purpose of transporting agricultural products, plant food
   2-47  materials, agricultural chemicals, or feed for livestock.
   2-48              (14) <(15)>  "Nonprofit" means:
   2-49                    (A)  organized as a nonprofit corporation under
   2-50  the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq.,
   2-51  Vernon's Texas Civil Statutes); or
   2-52                    (B)  organized and operated in a way that does
   2-53  not result in accrual of distributable profits, realization of
   2-54  private gain resulting from payment of compensation other than
   2-55  reasonable compensation for services rendered by persons who are
   2-56  not members of the organization, or realization of any other form
   2-57  of private gain.
   2-58              (15) <(16)>  "Seller-financed sale" means a retail sale
   2-59  of a motor vehicle by a dealer licensed under Article 6686, Revised
   2-60  Statutes, in which the seller collects all or part of the total
   2-61  consideration in periodic payments and retains a lien on the motor
   2-62  vehicle until all payments have been received.  The term does not
   2-63  include a:
   2-64                    (A)  retail sale of a motor vehicle in which a
   2-65  person other than the seller provides the consideration for the
   2-66  sale and retains a lien on the motor vehicle as collateral;
   2-67                    (B)  lease; or
   2-68                    (C)  rental.
   2-69              (16)  "Mobile office" means a trailer designed to be
   2-70  used as an office, sales outlet, or other workplace.
    3-1        SECTION 2.  Subsection (a), Section 152.021, Tax Code, is
    3-2  amended to read as follows:
    3-3        (a)  A tax is imposed on every retail sale of every motor
    3-4  vehicle sold in this state.  Except as provided by this chapter
    3-5  <Section 152.047>, the tax is an obligation of and shall be paid by
    3-6  the purchaser of the motor vehicle.
    3-7        SECTION 3.  Chapter 152, Tax Code, is amended by adding
    3-8  Section 152.0411 to read as follows:
    3-9        Sec. 152.0411.  COLLECTION BY SELLERS.  (a)  A seller who
   3-10  makes a sale subject to the sales tax imposed by Section 152.021
   3-11  shall add the amount of the tax to the sales price, and when the
   3-12  amount of the tax is added:
   3-13              (1)  it is a debt of the purchaser to the seller until
   3-14  paid; and
   3-15              (2)  if unpaid, it is recoverable at law in the same
   3-16  manner as the original sales price.
   3-17        (b)  The seller shall collect the tax from the purchaser and
   3-18  remit it to the tax assessor-collector in the time and manner
   3-19  provided by law.
   3-20        (c)  This section applies only to the sale of a vehicle that
   3-21  is to be titled and registered in Texas.  If a purchaser intends to
   3-22  register a vehicle outside Texas, the purchaser shall comply with
   3-23  the terms of Section 152.092.
   3-24        (d)  This section does not apply to a seller-financed sale.
   3-25        SECTION 4.  Section 152.044, Tax Code, is amended to read as
   3-26  follows:
   3-27        Sec. 152.044.  Payment by Seller.  (a)  If the comptroller on
   3-28  an audit of the records of a seller finds that the amount of tax
   3-29  due was incorrectly reported on a joint statement and that the
   3-30  amount of tax paid was less than the amount due <or that the seller
   3-31  failed to execute and deliver to the purchaser a joint statement
   3-32  and any other documents necessary to register the vehicle>, the
   3-33  seller and purchaser are jointly and severally liable for the
   3-34  amount of the tax determined to be due.
   3-35        (b)  The comptroller shall ascertain compliance with the
   3-36  terms of the this section.  If the comptroller on an audit of the
   3-37  records of any person finds that the documents necessary to title
   3-38  and register a vehicle in the name of the purchaser of the vehicle
   3-39  have not been executed and delivered to the tax assessor-collector,
   3-40  together with tax due, if any, the seller is liable for the amount
   3-41  of the tax due, plus penalty and interest, if any.
   3-42        SECTION 5.  Section 27, Certificate of Title Act (Article
   3-43  6687-1, Vernon's Texas Civil Statutes), is amended to read as
   3-44  follows:
   3-45        Sec. 27.  (a)  Before selling or disposing of any motor
   3-46  vehicle required to be registered or licensed in this State on any
   3-47  highway or public place within this State, except with dealer's
   3-48  metal or cardboard license number thereto attached as now provided
   3-49  by law, the owner shall make application to the designated agent in
   3-50  the county of his domicile or the county in which the vehicle is
   3-51  purchased or encumbered upon a form to be prescribed by the
   3-52  Department for a certificate of title for such motor vehicle.
   3-53        (b)  The seller of a motor vehicle shall apply for the
   3-54  registration of and Texas certificate of title in the name of the
   3-55  purchaser of the motor vehicle that is the subject of the sale.
   3-56  The seller shall file with the appropriate designated agent all
   3-57  documents necessary to transfer title to the vehicle and register
   3-58  the vehicle in the name of the purchaser and at the same time shall
   3-59  remit motor vehicle sales tax, if any.  The duty placed on the
   3-60  seller by this section is solely that of the seller and applies
   3-61  both to a first sale and a subsequent sale.
   3-62        (c)  The seller shall complete the transfer of title and
   3-63  registration requirements placed on the seller by Subsection (b) of
   3-64  this section in the time and manner provided by law.
   3-65        SECTION 6.  Section (b), Article 6.10, Title 79, Revised
   3-66  Statutes (Article 5069-6.10, Vernon's Texas Civil Statutes), is
   3-67  amended to read as follows:
   3-68        (b)  Preliminary worksheets that are shown to the buyer in
   3-69  which a sale price is computed, an order from the buyer, and the
   3-70  retail installment contract must include, in reasonable proximity
    4-1  to the place in the worksheet, order, or contract where the
    4-2  documentary fee is disclosed, the amount of the fee and the
    4-3  following notice in bold-faced type:
    4-4        "A DOCUMENTARY FEE IS NOT AN OFFICIAL FEE AND IS NOT
    4-5        REQUIRED BY LAW, BUT MAY BE CHARGED TO A BUYER FOR THE
    4-6        HANDLING OF DOCUMENTS AND THE PERFORMING OF SERVICES
    4-7        RELATED TO THE CLOSING OF A SALE.  <A BUYER MAY AVOID
    4-8        PAYMENT OF THE FEE BY HANDLING THESE DOCUMENTS AND
    4-9        PERFORMING THESE SERVICES.>  A DOCUMENTARY FEE MAY NOT
   4-10        EXCEED $50.  THIS NOTICE IS REQUIRED BY LAW."
   4-11        SECTION 7.  Section (h-1), Article 7.01, Title 79, Revised
   4-12  Statutes (Article 5069-7.01, Vernon's Texas Civil Statutes), is
   4-13  amended to read as follows:
   4-14        (h-1)  In addition to the provisions of Section (h) of this
   4-15  article, "principal balance" includes a motor vehicle inspection
   4-16  fee and a documentary fee for services actually rendered to, for or
   4-17  on behalf of the retail buyer in preparing, handling, and
   4-18  processing documents relating to the motor vehicle and the closing
   4-19  of the transaction evidenced by the retail installment contract.
   4-20  If a documentary fee is charged:
   4-21                          (i)  it must be charged to both cash and
   4-22  credit buyers;
   4-23                          (ii)  it may not exceed $50;
   4-24                          (iii)  it shall be disclosed on the retail
   4-25  installment contract as a separate itemized charge; and
   4-26                          (iv)  the buyer's order and the retail
   4-27  installment contract shall include in reasonable proximity to the
   4-28  point in the buyer's order and retail installment contract where
   4-29  the documentary fee is disclosed the amount of the documentary fee
   4-30  to be charged and the following notice in type that is boldfaced,
   4-31  capitalized, underlined, or otherwise set out from surrounding
   4-32  written material so as to be conspicuous:
   4-33        "A DOCUMENTARY FEE IS NOT AN OFFICIAL FEE.  A
   4-34        DOCUMENTARY FEE IS NOT REQUIRED BY LAW, BUT MAY BE
   4-35        CHARGED TO BUYERS FOR HANDLING DOCUMENTS AND PERFORMING
   4-36        SERVICES RELATING TO THE CLOSING OF A SALE.  <BUYERS
   4-37        MAY AVOID PAYMENT OF THE FEE TO THE SELLER BY HANDLING
   4-38        THE DOCUMENTS AND PERFORMING THE SERVICES RELATING TO
   4-39        THE CLOSING OF THE SALE.>  A DOCUMENTARY FEE MAY NOT
   4-40        EXCEED $50.  THIS NOTICE IS REQUIRED BY LAW."
   4-41                          (v)  If the language primarily used in the
   4-42  oral sales presentation is not the same as that in which the retail
   4-43  installment contract is written, the seller shall furnish to the
   4-44  buyer a written statement containing the notice set out in
   4-45  Subsection (iv) in the language primarily used in the oral sales
   4-46  presentation.
   4-47        SECTION 8.  This Act takes effect January 1, 1996.
   4-48        SECTION 9.  The importance of this legislation and the
   4-49  crowded condition of the calendars in both houses create an
   4-50  emergency and an imperative public necessity that the
   4-51  constitutional rule requiring bills to be read on three several
   4-52  days in each house be suspended, and this rule is hereby suspended,
   4-53  and that this Act take effect and be in force according to its
   4-54  terms, and it is so enacted.
   4-55                               * * * * *