1-1                                   AN ACT
 1-2     relating to rights of survivorship transfer of a motor vehicle or
 1-3     manufactured home.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 501.031, Transportation Code, is amended
 1-6     to read as follows:
 1-7           Sec. 501.031.  RIGHTS OF SURVIVORSHIP AGREEMENT.  (a)  The
 1-8     department shall include on each certificate of title a rights of
 1-9     survivorship agreement form.  The form must:
1-10                 (1)  provide that if the agreement is signed by two or
1-11     more eligible persons, the motor vehicle is held [a husband and
1-12     wife] jointly by those persons with the interest of a person
1-13     [either spouse] who dies to survive to the surviving person or
1-14     persons [spouse]; and
1-15                 (2)  provide blanks for the signatures of the persons
1-16     [husband and wife].
1-17           (b)  If the vehicle is registered in the name of one or more
1-18     of the persons who signed the agreement, the certificate of title
1-19     may contain a:
1-20                 (1)  [the husband, the wife, or both, and if the]
1-21     rights of survivorship agreement [is] signed by all the persons; or
1-22                 (2)  remark if a rights of survivorship agreement is
1-23     surrendered with the application for certificate of title or
1-24     otherwise on file with the department.
 2-1           (c)  Except as provided in Subsection (g), [both the husband
 2-2     and the wife:]
 2-3                 [(1)]  ownership of the vehicle may be transferred
 2-4     only:
 2-5                 (1)  by all the persons [both spouses] acting jointly,
 2-6     if all the persons [both spouses] are  alive; and
 2-7                 (2)  on the death of one of the persons [spouses:]
 2-8                       [(A)  ownership of the vehicle may be
 2-9     transferred] by the surviving person or persons [spouse] by
2-10     transferring the certificate of title, in the  manner otherwise
2-11     required by law for transfer of ownership of the vehicle, with a
2-12     copy of the death certificate of the deceased person [spouse]
2-13     attached to the certificate of title application[; and]
2-14                       [(B)  the department shall issue a new
2-15     certificate of title in the name of the surviving spouse or the
2-16     surviving spouse's transferee on presentation of a copy of the
2-17     certificate of title with the death certificate of the deceased
2-18     spouse attached without requiring additional evidence of the
2-19     spouse's death].
2-20           (d) [(c)]  A rights of survivorship agreement under this
2-21     section may be revoked only by surrender of the certificate of
2-22     title to the department and joint application by the persons who
2-23     signed the agreement [husband and wife] for a new title in the name
2-24     of the person or persons designated in the application.
2-25           (e)  A person is eligible to sign a rights of survivorship
2-26     agreement under this section if the person:
2-27                 (1)  is married and the spouse of the signing person is
 3-1     the only other party to the agreement;
 3-2                 (2)  is unmarried and attests to that unmarried status
 3-3     by affidavit; or
 3-4                 (3)  is married and provides the department with an
 3-5     affidavit from the signing person's spouse that attests that the
 3-6     signing person's interest in the vehicle is the signing person's
 3-7     separate property.
 3-8           (f)  If the title is being issued in connection with the sale
 3-9     of the vehicle, the seller is not eligible to sign a rights of
3-10     survivorship agreement under this section unless the seller is the
3-11     child, grandchild, parent, grandparent, brother, or sister of each
3-12     other person signing the agreement.  A family relationship required
3-13     by this subsection may be a relationship established by adoption.
3-14           (g)  If an agreement, other than the agreement provided for
3-15     in Subsection (a), providing for right of survivorship is signed by
3-16     two or more persons, the department shall issue a new certificate
3-17     of title to the surviving person or persons upon application
3-18     accompanied by a copy of the death certificate of the deceased
3-19     person.  The department may develop for public use under this
3-20     subsection an optional rights of survivorship agreement form.
3-21           SECTION 2.  Section 19(a)(2), Texas Manufactured Housing
3-22     Standards Act (Article 5221f, Vernon's Texas Civil Statutes), is
3-23     amended to read as follows:
3-24                 (2)  "Document of title" means a written instrument
3-25     issued solely by and  under the authority of the director that sets
3-26     forth:
3-27                       (A)  the name and address of the purchaser and
 4-1     seller at the first retail sale, or the transferee and transferor
 4-2     at any subsequent sale or transfer;
 4-3                       (B)  the manufacturer's name and address and, if
 4-4     any, the model designation;
 4-5                       (C)  in accordance with applicable rules of the
 4-6     director, the outside dimensions of the manufactured home when
 4-7     installed for occupancy exclusive of the tongue or other towing
 4-8     device as measured to the nearest one-half of one foot at the base
 4-9     of the home, and the approximate square footage of the home when
4-10     installed for occupancy;
4-11                       (D)  the identification number or numbers for
4-12     each section or module of the manufactured home;
4-13                       (E)  the county of this state in which the
4-14     manufactured home is installed for occupancy;
4-15                       (F)  the dates of any liens, and the names and
4-16     addresses of the lienholders, in chronological order of
4-17     recordation, and if no liens are registered or recorded on the
4-18     manufactured home, a statement of that fact;
4-19                       (G)  the signature of the owner signed with pen
4-20     and ink on receipt of the certificate;
4-21                       (H)  that if two or more eligible persons, as
4-22     determined by Subsections (x) and (y) of this section, [a husband
4-23     and wife] file[,] with the application for document of title[,] an
4-24     agreement signed by all the persons [both] providing that the
4-25     manufactured home is to be held jointly with rights of
4-26     survivorship, the director shall issue the document of title in all
4-27     the [both] names; and
 5-1                       (I)  any other data the director requires.
 5-2           SECTION 3.  Section 19, Texas Manufactured Housing Standards
 5-3     Act (Article 5221f, Vernon's Texas Civil Statutes), is amended by
 5-4     amending Subsection (h) and adding Subsections (x) and (y) to read
 5-5     as follows:
 5-6           (h)  When the ownership of a manufactured home in this state
 5-7     is transferred by operation of law, as in an inheritance, a devise,
 5-8     or a bequest, bankruptcy, receivership, judicial sale, or any
 5-9     involuntary divestiture of ownership, the department shall issue a
5-10     new document of title when the department is provided with a
5-11     certified copy of the order or bill of sale from an officer making
5-12     a judicial sale, or the order appointing a temporary administrator,
5-13     the probate proceedings, the letters testamentary, the letters of
5-14     administration, or an affidavit by all of the heirs at law showing
5-15     that no administration is necessary and showing in whose name the
5-16     certificate should be issued.  If a security interest or other lien
5-17     is foreclosed in accordance with law by nonjudicial means and the
5-18     secured party or other mortgagee files an affidavit with the
5-19     department showing the nonjudicial foreclosure in accordance with
5-20     law, the department may issue a new document of title in the name
5-21     of the purchaser at the foreclosure sale.  If the foreclosure is of
5-22     a constitutional or statutory lien and the person entitled to the
5-23     lien files an affidavit showing the creation of the lien and of the
5-24     divestiture of title because of the lien in accordance with law,
5-25     the department may issue a new document of title in the name of the
5-26     purchaser.  If an agreement providing for right of survivorship is
5-27     signed by two or more eligible persons, as determined by
 6-1     Subsections (x) and (y) of this section, [the husband and wife] and
 6-2     if on the death of one of the persons [either spouse] the
 6-3     department is provided with a copy of the death certificate of the
 6-4     deceased person [spouse], the department shall issue a new document
 6-5     of title to the surviving person or persons [spouse].
 6-6           (x)  A person is eligible to sign a rights of survivorship
 6-7     agreement under this section if the person:
 6-8                 (1)  is married and the spouse of the signing person is
 6-9     the only other party to the agreement;
6-10                 (2)  is unmarried and attests to that unmarried status
6-11     by affidavit; or
6-12                 (3)  is married and provides the department with an
6-13     affidavit from the signing person's spouse that attests that the
6-14     signing person's interest in the manufactured home is the signing
6-15     person's separate property.
6-16           (y)  If the title is being issued in connection with the sale
6-17     of the manufactured home, the seller is not eligible to sign a
6-18     rights of survivorship agreement under this section unless the
6-19     seller is the child, grandchild, parent, grandparent, brother, or
6-20     sister of each other person signing the agreement.  A family
6-21     relationship required by this subsection may be a relationship
6-22     established by adoption.
6-23           SECTION 4.  This Act takes effect September 1, 1999.
6-24           SECTION 5.  The importance of this legislation and the
6-25     crowded condition of the calendars in both houses create an
6-26     emergency and an imperative public necessity that the
6-27     constitutional rule requiring bills to be read on three several
 7-1     days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 381 was passed by the House on April
         7, 1999, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 381 on May 13, 1999, by a non-record
         vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 381 was passed by the Senate, with
         amendments, on May 10, 1999, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor