Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
H.B. No. 1790
1-1 A BILL TO BE ENTITLED
1-2 AN ACT
1-3 relating to the licensing and regulation of certain motor vehicle
1-4 dealers.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 502.252, Transportation Code, is amended
1-7 to read as follows:
1-8 Sec. 502.252. Certain Specialized Plates Available
1-9 Personalized. A person applying for license plates under Section
1-10 502.258, 502.259, 502.260, 502.261, 502.262, 502.263, 502.264,
1-11 502.265, 502.269, 502.270, 502.271, 502.272, 502.273, [or] 502.274,
1-12 or 503.061 may:
1-13 (1) have a license plate number assigned by the
1-14 department; or
1-15 (2) apply for personalized prestige license plates
1-16 under Section 502.251.
1-17 SECTION 2. Section 503.026, Transportation Code, is amended
1-18 to read as follows:
1-19 Sec. 503.026. Requirement for Each Type of Dealer Vehicle.
1-20 A person must obtain a dealer general distinguishing number for
1-21 each type of vehicle [for which] the person intends to sell [issue
1-22 metal dealer's license plates under Subchapter C].
1-23 SECTION 3. Section 503.029(c), Transportation Code, is
1-24 amended to read as follows:
2-1 (c) A renewal application must be:
2-2 (1) submitted not later than 60 days prior to the
2-3 expiration of the general distinguishing number [January 15]; and
2-4 (2) accompanied by the appropriate fee prescribed by
2-5 Section 503.007.
2-6 SECTION 4. Section 503.035, Transportation Code, is amended
2-7 to read as follows:
2-8 Sec. 503.035. ISSUANCE AND RENEWAL OF DRIVE-A-WAY IN-TRANSIT
2-9 LICENSE [AND GENERAL DISTINGUISHING NUMBER]. The department shall
2-10 issue to an applicant on the filing of the application and the
2-11 payment of the fee an annual drive-a-way in-transit license and
2-12 in-transit license plates [with the applicant's general
2-13 distinguishing number].
2-14 SECTION 5. Section 503.038(a), Transportation Code, is
2-15 amended to read as follows:
2-16 (a) The department may cancel a dealer's general
2-17 distinguishing number or impose a civil penalty as provided by
2-18 Section 6.01, Texas Motor Vehicle Commission Code, if the dealer:
2-19 (1) falsifies or forges a [files a false or forged]
2-20 title document, including an affidavit making application for a
2-21 certified copy of a title;
2-22 (2) files a false or forged tax document, including a
2-23 sales tax affidavit;
2-24 (3) fails to take assignment of any basic evidence of
2-25 ownership, including a certificate of title or manufacturer's
2-26 certificate, for a vehicle the dealer acquires;
2-27 (4) fails to assign any basic evidence of ownership,
2-28 including a certificate of title or manufacturer's certificate, for
2-29 a vehicle the dealer sells;
2-30 (5) uses or permits the use of a metal dealer's
3-1 license plate or a dealer's temporary cardboard tag on a vehicle
3-2 that the dealer does not own or control or that is not in stock and
3-3 offered for sale;
3-4 (6) makes a material misrepresentation in an
3-5 application or other information filed with the department;
3-6 (7) fails to maintain the qualifications for a general
3-7 distinguishing number;
3-8 (8) fails to provide to the department within 30 days
3-9 after the date of demand by the department satisfactory and
3-10 reasonable evidence that the person is regularly and actively
3-11 engaged in business as a wholesale or retail dealer;
3-12 (9) has been licensed for at least 12 months and has
3-13 not assigned at least five vehicles during the previous 12-month
3-14 period;
3-15 (10) uses or allows the use of the dealer's general
3-16 distinguishing number or the location for which the general
3-17 distinguishing number is issued to avoid the requirements of this
3-18 chapter;
3-19 (11) misuses or allows the misuse of a temporary
3-20 cardboard tag authorized under this chapter;
3-21 (12) refuses to show on a buyer's temporary cardboard
3-22 tag the date of sale or other reasonable information required by
3-23 the department; or
3-24 (13) otherwise violates this chapter or a rule adopted
3-25 under this chapter.
3-26 SECTION 6. Section 503.062(d), Transportation Code, is
3-27 amended to read as follows:
3-28 (d) The department may neither issue a tag nor contract for
3-29 the issuance of a tag, but shall prescribe:
3-30 (1) the specifications, form, and color of a dealer
4-1 temporary cardboard tag; and
4-2 (2) the period for which a tag may be used for or by a
4-3 charitable organization.
4-4 SECTION 7. Section 503.063(e), Transportation Code, is
4-5 amended to read as follows:
4-6 (e) The department may neither issue a tag nor contract for
4-7 the issuance of a tag, but shall prescribe the specifications,
4-8 color, and form of a buyer's tag.
4-9 SECTION 8. Section 503.066(c), Transportation Code, is
4-10 amended to read as follows:
4-11 (c) An application must be:
4-12 (1) submitted not later than 60 days prior to the
4-13 expiration of the plate; [January 15]; and
4-14 (2) accompanied by the appropriate fee prescribed by
4-15 Section 503.008.
4-16 SECTION 9. Section 503.093(a), Transportation Code, is
4-17 amended to read as follows:
4-18 (a) The department or any interested person may bring an
4-19 action, including an action for an injunction, to:
4-20 (1) enforce a provision of Subchapter B [relating to a
4-21 dealer or a person engaging in the business of conducting a
4-22 wholesale motor vehicle auction]; or
4-23 (2) prohibit a person from operating in violation of
4-24 the person's application for a general distinguishing number.
4-25 SECTION 10. Section 728.001, Transportation Code, is amended
4-26 to read as follows:
4-27 Sec. 728.001. SALE OF MOTOR VEHICLES ON CONSECUTIVE SATURDAY
4-28 AND SUNDAY. In this subchapter:
4-29 (1) "Employer" means a person who:
4-30 (A) owns a facility that sells or offers for
5-1 sale motor vehicles; or
5-2 (B) has the authority to determine the hours of
5-3 operation of the facility.
5-4 (2) "Motor vehicle" means a self-propelled vehicle of
5-5 two or more wheels designed to transport a person or property.
5-6 (3) "Person" means a natural person, firm,
5-7 partnership, corporation, or other legal entity.
5-8 SECTION 11. The importance of this legislation and the
5-9 crowded condition of the calendars in both houses create an
5-10 emergency and an imperative public necessity that the
5-11 constitutional rule requiring bills to be read on three several
5-12 days in each house be suspended, and this rule is hereby suspended,
5-13 and that this Act take effect and be in force from and after its
5-14 passage, and it is so enacted.