HBA-MPM, MPA H.B. 2409 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2409 By: King, Tracy Transportation 9/16/1999 Enrolled BACKGROUND AND PURPOSE Currently, a person cannot receive the certificate of title to a motor vehicle unless the vehicle is registered and the person can show proof of liability insurance. This can cause problems for people who want to buy old vehicles to restore, or have vehicles for use only on their farm or ranch. They cannot receive a certificate of title even though the vehicle may never be driven or only driven on a farm or ranch. H.B. 2409 requires the Texas Department of Transportation (TxDOT) from to issue a certificate of title for an unregistered vehicle that complies with other requirements for issuance of a certificate unless the vehicle is unregistered because the registration has been suspended or revoked. It also prevents TxDOT from refusing to issue a certificate of title for a motor vehicle for which the applicant does not provide evidence of financial responsibility. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 501.021(a), Transportation Code, to make a conforming change. SECTION 2. Amends Section 501.023, Transportation Code, by adding Subsection (c), as follows: (c) Provides that the owner or lessee of a commerical motor vehicle operating under the International Registration Plan or other agreement described by Section 502.054 (Agreements With Other Jurisdictions; Offense), Transportation Code, who is applying for a certificate of title for registration purposes only must be made to the Texas Department of Transportation (TxDOT) directly. Requires the applicant to pay the fee imposed by that section to TxDOT and TxDOT to send the fee to the appropriate county assessor-collector for distribution in a manner provided by Section 501.138 (Collection and Disposition of Fees), Transportation Code. SECTION 3. Amends Section 501.0234(a), Transportation Code, to make conforming changes. SECTION 4. Amends Subchapter B, Chapter 501, Transportation Code, by adding Section 501.0275, to require TxDOT to issue a certificate of title for a vehicle that complies with other requirements for issuance of a certificate, except the vehicle is unregistered because the registration has been suspended or revoked, and the applicant does not provide evidence of financial responsibility that complies with Section 502.153 (Evidence of Financial Responsibility). Provides that an applicant for a certificate of title under this section must surrender any license plates issued for the motor vehicle and any registration insignia for validation of those plates to TxDOT. SECTION 5. Amends Section 520.022(a), Transportation Code, to make a conforming change. SECTION 6. Amends Sections 520.031(a) and (b), Transportation Code, to make a conforming change. SECTION 7. Amends Section 548.052, Transportation Code, to include a vehicle for which a certificate of title has been issued but that is not required to be registered among those vehicles which are not subject to inspection. SECTION 8. Amends Section 548.256(a), Transportation Code, to provide that the owner of a vehicle that is brought into this state by a person other than the manufacturer or importer must have the vehicle inspected and have certain information contained on a verification form prescribed and provided by the Department of Public Safety before the vehicle may be registered, rather than issued a title under Section 501.030 (Motor Vehicles Brought Into State), Transportation Code. SECTION 9. Amends Section 548.256, Transportation Code, as follows: Sec. 548.256. New title: VERIFICATION FORM REQUIRED TO REGISTER VEHICLE. SECTION 10. Effective date: September 1, 1999. SECTION 11. Emergency clause.