By Cuellar H.B. No. 56
76R325 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the sale of a motor vehicle by an individual; providing
1-3 penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 132, Revised Statutes, is amended by adding
1-6 Article 9026c to read as follows:
1-7 Art. 9026c. SALE OF MOTOR VEHICLE BY INDIVIDUAL
1-8 Sec. 1. A person may not sell or offer to sell a motor
1-9 vehicle as defined by Section 502.001, Transportation Code, unless:
1-10 (1) the vehicle displays a permit issued under Section
1-11 2 of this article; or
1-12 (2) the vehicle is sold at a location for which the
1-13 person holds a dealer general distinguishing number issued under
1-14 Chapter 503, Transportation Code.
1-15 Sec. 2. (a) To obtain a permit under this article a person
1-16 must apply to the county tax assessor-collector of the county in
1-17 which the person proposes to sell the vehicle.
1-18 (b) The tax assessor-collector may issue a permit under this
1-19 article only if the applicant provides evidence sufficient to show
1-20 that the person:
1-21 (1) owns the vehicle; or
1-22 (2) is authorized by the owner to sell the vehicle.
1-23 (c) A permit issued under this article expires on the
1-24 earlier of:
2-1 (1) the date of the sale of the motor vehicle for
2-2 which the permit was issued; or
2-3 (2) the 181st day after the date the permit was
2-4 issued.
2-5 (d) The permit:
2-6 (1) shall be designed to be affixed to the vehicle for
2-7 which it was issued; and
2-8 (2) must contain the vehicle identification number of
2-9 the vehicle for which it was issued.
2-10 (e) The tax assessor-collector may impose a fee for the
2-11 issuance of a permit in an amount not to exceed the amount of
2-12 issuing a permit under this article.
2-13 (f) The tax assessor-collector may not issue more than four
2-14 permits under this article to a person in the same calendar year.
2-15 (g) The Texas Department of Transportation shall:
2-16 (1) prescribe the form of:
2-17 (A) an application for a permit under this
2-18 article;
2-19 (B) evidence sufficient to show ownership or
2-20 authority to sell the vehicle; and
2-21 (C) a permit issued under this article;
2-22 (2) prescribe the location on the vehicle for affixing
2-23 the permit; and
2-24 (3) adopt rules as necessary to administer this
2-25 article.
2-26 Sec. 3. (a) A person commits an offense if the person sells
2-27 or offers to sell a vehicle in violation of this article. An
3-1 offense under this subsection is a Class C misdemeanor.
3-2 (b) A person commits an offense if the person is a dealer,
3-3 as defined by Section 1.03, Texas Motor Vehicle Commission Code
3-4 (Article 4413(36), Vernon's Texas Civil Statutes), and sells or
3-5 offers to sell a vehicle in violation of this article. An offense
3-6 under this subsection is a Class B misdemeanor.
3-7 (c) It is a defense to prosecution under Subsection (a) or
3-8 (b) of this section that the sale of or offer to sell the vehicle
3-9 occurred at a location owned or leased by the owner of the motor
3-10 vehicle.
3-11 SECTION 2. This Act takes effect September 1, 1999.
3-12 SECTION 3. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended.