76R9039 DWS-D
By Flores H.B. No. 381
Substitute the following for H.B. No. 381:
By Siebert C.S.H.B. No. 381
A BILL TO BE ENTITLED
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 persons, the motor vehicle is held [a husband and wife]
1-12 jointly by those persons with the interest of a person [either
1-13 spouse] who dies to survive to the surviving person or persons
1-14 [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 husband, the wife, or
1-19 both,] and if the rights of survivorship agreement is signed by all
1-20 the persons [both the husband and the wife]:
1-21 (1) ownership of the vehicle may be transferred only
1-22 by all the persons [both spouses] acting jointly, if all the
1-23 persons [both spouses] are alive; and
1-24 (2) on the death of one of the persons [spouses]:
2-1 (A) ownership of the vehicle may be transferred
2-2 by the surviving person or persons [spouse] by transferring the
2-3 certificate of title, in the manner otherwise required by law for
2-4 transfer of ownership of the vehicle, with a copy of the death
2-5 certificate of the deceased person [spouse] attached to the
2-6 certificate of title; and
2-7 (B) the department shall issue a new certificate
2-8 of title in the name of the surviving person or persons [spouse] or
2-9 the surviving person's or persons' [spouse's] transferee on
2-10 presentation of a copy of the certificate of title with the death
2-11 certificate of the deceased person [spouse] attached without
2-12 requiring additional evidence of the person's [spouse's] death.
2-13 (c) A rights of survivorship agreement under this section
2-14 may be revoked only by surrender of the certificate of title to the
2-15 department and joint application by the persons who signed the
2-16 agreement [husband and wife] for a new title in the name of the
2-17 person or persons designated in the application.
2-18 SECTION 2. Section 19(a)(2), Texas Manufactured Housing
2-19 Standards Act (Article 5221f, Vernon's Texas Civil Statutes), is
2-20 amended to read as follows:
2-21 (2) "Document of title" means a written instrument
2-22 issued solely by and under the authority of the director that sets
2-23 forth:
2-24 (A) the name and address of the purchaser and
2-25 seller at the first retail sale, or the transferee and transferor
2-26 at any subsequent sale or transfer;
2-27 (B) the manufacturer's name and address and, if
3-1 any, the model designation;
3-2 (C) in accordance with applicable rules of the
3-3 director, the outside dimensions of the manufactured home when
3-4 installed for occupancy exclusive of the tongue or other towing
3-5 device as measured to the nearest one-half of one foot at the base
3-6 of the home, and the approximate square footage of the home when
3-7 installed for occupancy;
3-8 (D) the identification number or numbers for
3-9 each section or module of the manufactured home;
3-10 (E) the county of this state in which the
3-11 manufactured home is installed for occupancy;
3-12 (F) the dates of any liens, and the names and
3-13 addresses of the lienholders, in chronological order of
3-14 recordation, and if no liens are registered or recorded on the
3-15 manufactured home, a statement of that fact;
3-16 (G) the signature of the owner signed with pen
3-17 and ink on receipt of the certificate;
3-18 (H) that if two or more persons [a husband and
3-19 wife] file, with the application for document of title, an
3-20 agreement signed by all the persons [both] providing that the
3-21 manufactured home is to be held jointly with rights of
3-22 survivorship, the director shall issue the document of title in all
3-23 the [both] names; and
3-24 (I) any other data the director requires.
3-25 SECTION 3. Section 19(h), Texas Manufactured Housing
3-26 Standards Act (Article 5221f, Vernon's Texas Civil Statutes), is
3-27 amended to read as follows:
4-1 (h) When the ownership of a manufactured home in this state
4-2 is transferred by operation of law, as in an inheritance, a devise,
4-3 or a bequest, bankruptcy, receivership, judicial sale, or any
4-4 involuntary divestiture of ownership, the department shall issue a
4-5 new document of title when the department is provided with a
4-6 certified copy of the order or bill of sale from an officer making
4-7 a judicial sale, or the order appointing a temporary administrator,
4-8 the probate proceedings, the letters testamentary, the letters of
4-9 administration, or an affidavit by all of the heirs at law showing
4-10 that no administration is necessary and showing in whose name the
4-11 certificate should be issued. If a security interest or other lien
4-12 is foreclosed in accordance with law by nonjudicial means and the
4-13 secured party or other mortgagee files an affidavit with the
4-14 department showing the nonjudicial foreclosure in accordance with
4-15 law, the department may issue a new document of title in the name
4-16 of the purchaser at the foreclosure sale. If the foreclosure is of
4-17 a constitutional or statutory lien and the person entitled to the
4-18 lien files an affidavit showing the creation of the lien and of the
4-19 divestiture of title because of the lien in accordance with law,
4-20 the department may issue a new document of title in the name of the
4-21 purchaser. If an agreement providing for right of survivorship is
4-22 signed by two or more persons [the husband and wife] and if on the
4-23 death of one of the persons [either spouse] the department is
4-24 provided with a copy of the death certificate of the deceased
4-25 person [spouse], the department shall issue a new document of title
4-26 to the surviving person or persons [spouse].
4-27 SECTION 4. This Act takes effect September 1, 1999.
5-1 SECTION 5. The importance of this legislation and the
5-2 crowded condition of the calendars in both houses create an
5-3 emergency and an imperative public necessity that the
5-4 constitutional rule requiring bills to be read on three several
5-5 days in each house be suspended, and this rule is hereby suspended.