SRC-ARR H.B. 381 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 381
76R9039 DWS-DBy: Flores (Truan)
Jurisprudence
4/22/1999
Engrossed


DIGEST 

Current law restricts the execution of a survivorship agreement on a title
document for a motor vehicle or manufactured home to a husband and wife. By
allowing only a husband and wife to pass on the title of a motor vehicle or
manufactured home to each other, problems may arise, for example, in the
passing of a motor vehicle of a manufactured home from a widow to the
widow's child. H.B. 381 provides that a survivorship agreement on a title
document for a motor vehicle or manufactured home must be signed by two or
more persons, rather than a husband and wife. 

PURPOSE

As proposed, H.B. 381 regulates rights of survivorship transfer of a  motor
vehicle or manufactured home. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 501.031, Transportation Code, to require the
right of agreement form to include certain items. Authorizes certain
actions to be taken,  if the vehicle is registered in the name of one or
more of the persons who signed the agreement, rather than the husband, the
wife, or both, and if the rights of survivorship agreement is signed by all
persons, rather than both the husband and wife. Authorizes a rights of
survivorship agreement under this section to be revoked only by surrender
of the certificate of title to the Texas Department of Transportation
(department) and joint application by the persons who signed the agreement,
rather than husband and wife, for a new title in the name of the person or
persons designated in the application.  

SECTION 2. Amends Section 19(a)(2), Article 5221f, V.T.C.S. (Texas
Manufactured Housing Standards Act), to redefine "document of title." 

SECTION 3. Amends Section 19(h), Article 5221f, V.T.C.S., to require the
department to issue a new document of title to the surviving person or
persons, rather than spouse, if an agreement providing for right of
survivorship is signed by two or more persons, and if on the death of one
of the persons, the department is provided with a copy of the death
certificate of the deceased person. Makes conforming changes. 

SECTION 4. Effective date: September 1, 1999.

SECTION 5. Emergency clause.