1-1 By: Siebert (Senate Sponsor - Cain) H.B. No. 1473
1-2 (In the Senate - Received from the House April 11, 1997;
1-3 April 14, 1997, read first time and referred to Committee on State
1-4 Affairs; May 16, 1997, reported favorably by the following vote:
1-5 Yeas 13, Nays 0; May 16, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the licensing and regulation of certain motor vehicle
1-9 dealers.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 503.033(g), Transportation Code, is
1-12 amended to read as follows:
1-13 (g) This section does not apply to a person licensed as a
1-14 franchised motor vehicle dealer by the department's Motor Vehicle
1-15 Board.
1-16 SECTION 2. Section 503.036, Transportation Code, is amended
1-17 to read as follows:
1-18 Sec. 503.036. REASSIGNMENT OF EVIDENCE OF OWNERSHIP; DEALER
1-19 CATEGORIES. (a) The holder of a franchised motor vehicle dealer's
1-20 general distinguishing number may buy, sell, or exchange new or
1-21 used motor vehicles and reassign a manufacturer's certificate of
1-22 origin, certificate of title, or other basic evidence of ownership
1-23 of any type of vehicle owned by the dealer that the dealer is not
1-24 otherwise prohibited by law from selling or offering for sale.
1-25 (b) The holder of an independent motor vehicle dealer's
1-26 general distinguishing number may reassign a certificate of title
1-27 or other basic evidence of ownership of any type of vehicle owned
1-28 by the dealer that the dealer is not otherwise prohibited by law
1-29 from selling or offering for sale.
1-30 (c) The holder of a wholesale motor vehicle dealer's general
1-31 distinguishing number may sell or offer to sell motor vehicles to
1-32 no person except:
1-33 (1) a person who holds a general distinguishing
1-34 number; or
1-35 (2) a person who is legally recognized as and duly
1-36 licensed or otherwise qualified as a dealer under the laws of
1-37 another state or foreign jurisdiction. [A dealer may reassign any
1-38 basic evidence of ownership, including a manufacturer's certificate
1-39 of origin or a certificate of title, for a vehicle owned by the
1-40 dealer that the dealer is not otherwise prohibited by law from
1-41 selling only if the dealer:]
1-42 [(1) is licensed by the department's Motor Vehicle
1-43 Board; or]
1-44 [(2) has filed security as required by Section
1-45 503.033.]
1-46 SECTION 3. The importance of this legislation and the
1-47 crowded condition of the calendars in both houses create an
1-48 emergency and an imperative public necessity that the
1-49 constitutional rule requiring bills to be read on three several
1-50 days in each house be suspended, and this rule is hereby suspended,
1-51 and that this Act take effect and be in force from and after its
1-52 passage, and it is so enacted.
1-53 * * * * *