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.