1-1 By: Siebert, et al. (Senate Sponsor - Bivins) H.B. No. 2382
1-2 (In the Senate - Received from the House May 1, 1997;
1-3 May 2, 1997, read first time and referred to Committee on State
1-4 Affairs; May 16, 1997, reported favorably, as amended, by the
1-5 following vote: Yeas 12, Nays 0; May 16, 1997, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Nixon
1-7 Amend H.B. No. 2382 as follows:
1-8 On page 1, line 36, between "habitation" and "for", insert
1-9 "as its primary purpose"
1-10 A BILL TO BE ENTITLED
1-11 AN ACT
1-12 relating to the regulation of the distribution and sale of towable
1-13 recreational vehicles.
1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 SECTION 1. Section 1.03, Texas Motor Vehicle Commission Code
1-16 (Article 4413(36), Vernon's Texas Civil Statutes), is amended by
1-17 amending Subdivision (1) and adding Subdivision (28) to read as
1-18 follows:
1-19 (1) "Motor vehicle" means:
1-20 (A) every fully self-propelled vehicle which has
1-21 as its primary purpose the transport of a person or persons, or
1-22 property, on a public highway, and having two or more wheels;
1-23 (B) every two or more wheeled fully
1-24 self-propelled, titled vehicle which has as its primary purpose the
1-25 transport of a person or persons or property and is not
1-26 manufactured for use on public streets, roads, or highways; [or]
1-27 (C) an engine, transmission, or rear axle
1-28 manufactured for installation in a vehicle having as its primary
1-29 purpose the transport of a person or persons or property on a
1-30 public highway and having a gross vehicle weight rating of more
1-31 than 16,000 pounds, whether or not attached to a vehicle chassis;
1-32 or
1-33 (D) a towable recreational vehicle.
1-34 (28) "Towable recreational vehicle" means a
1-35 nonmotorized vehicle that is designed and originally manufactured
1-36 for temporary human habitation for recreational, camping, or
1-37 seasonal use and:
1-38 (A) is titled and registered with the Texas
1-39 Department of Transportation as a travel trailer through the county
1-40 tax assessor-collector;
1-41 (B) is permanently built on a single chassis;
1-42 (C) contains one or more life support systems;
1-43 and
1-44 (D) is designed to be towable by another motor
1-45 vehicle.
1-46 SECTION 2. Section 4.02(c)(2), Texas Motor Vehicle
1-47 Commission Code (Article 4413(36), Vernon's Texas Civil Statutes),
1-48 is amended to read as follows:
1-49 (2) Except as provided in this subdivision, no
1-50 licensee may participate in a new motor vehicle show or exhibition
1-51 unless the Commission has first had written notice at least 30 days
1-52 prior to the opening day of the show or exhibition and its written
1-53 approval has been granted. A licensee may not sell or offer for
1-54 sale a new motor vehicle at a show or exhibition; however,
1-55 dealership personnel may be present to aid in the showing or
1-56 exhibiting of new motor vehicles. This subdivision does not
1-57 prohibit the sale of a towable recreational vehicle, motor home,
1-58 ambulance, or fire-fighting vehicle at a show or exhibition if the
1-59 show or exhibition is approved by the Commission and if the sale
1-60 does not otherwise violate a provision of law; provided that,
1-61 should the Commission adopt a rule regulating off-site display or
1-62 sale of towable recreational vehicles, the Commission shall
1-63 authorize the display and sale of towable recreational vehicles at
1-64 private events in trade areas (counties, cities, or towns) where
2-1 application of general participation requirements for organized
2-2 dealer shows and exhibitions would effectively preclude such an
2-3 organized show or exhibition.
2-4 SECTION 3. This Act takes effect September 1, 1997.
2-5 SECTION 4. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended.
2-10 * * * * *