1-1     By:  Flores, Hawley (Senate Sponsor - Truan)           H.B. No. 381
 1-2           (In the Senate - Received from the House April 8, 1999;
 1-3     April 9, 1999, read first time and referred to Committee on
 1-4     Jurisprudence; May 5, 1999, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 4, Nays 0;
 1-6     May 5, 1999, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 381                   By:  Harris
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to rights of survivorship transfer of a motor vehicle or
1-11     manufactured home.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Section 501.031, Transportation Code, is amended
1-14     to read as follows:
1-15           Sec. 501.031.  RIGHTS OF SURVIVORSHIP AGREEMENT.  (a)  The
1-16     department shall include on each certificate of title a rights of
1-17     survivorship agreement form.  The form must:
1-18                 (1)  provide that if the agreement is signed by two or
1-19     more eligible persons, the motor vehicle is held [a husband and
1-20     wife] jointly by those persons with the interest of a person
1-21     [either spouse] who dies to survive to the surviving person or
1-22     persons [spouse]; and
1-23                 (2)  provide blanks for the signatures of the persons
1-24     [husband and wife].
1-25           (b)  If the vehicle is registered in the name of one or more
1-26     of the persons who signed the agreement, the certificate of title
1-27     may contain a:
1-28                 (1)  [the husband, the wife, or both, and if the]
1-29     rights of survivorship agreement [is] signed by all the persons; or
1-30                 (2)  remark if a rights of survivorship agreement is
1-31     surrendered with the application for certificate of title or
1-32     otherwise on file with the department.
1-33           (c)  Except as provided in Subsection (g), [both the husband
1-34     and the wife:]
1-35                 [(1)]  ownership of the vehicle may be transferred
1-36     only:
1-37                 (1)  by all the persons [both spouses] acting jointly,
1-38     if all the persons [both spouses] are  alive; and
1-39                 (2)  on the death of one of the persons [spouses:]
1-40                       [(A)  ownership of the vehicle may be
1-41     transferred] by the surviving person or persons [spouse] by
1-42     transferring the certificate of title, in the  manner otherwise
1-43     required by law for transfer of ownership of the vehicle, with a
1-44     copy of the death certificate of the deceased person [spouse]
1-45     attached to the certificate of title application[; and]
1-46                       [(B)  the department shall issue a new
1-47     certificate of title in the name of the surviving spouse or the
1-48     surviving spouse's transferee on presentation of a copy of the
1-49     certificate of title with the death certificate of the deceased
1-50     spouse attached without requiring additional evidence of the
1-51     spouse's death].
1-52           (d) [(c)]  A rights of survivorship agreement under this
1-53     section may be revoked only by surrender of the certificate of
1-54     title to the department and joint application by the persons who
1-55     signed the agreement [husband and wife] for a new title in the name
1-56     of the person or persons designated in the application.
1-57           (e)  A person is eligible to sign a rights of survivorship
1-58     agreement under this section if the person:
1-59                 (1)  is married and the spouse of the signing person is
1-60     the only other party to the agreement;
1-61                 (2)  is unmarried and attests to that unmarried status
1-62     by affidavit; or
1-63                 (3)  is married and provides the department with an
1-64     affidavit from the signing person's spouse that attests that the
 2-1     signing person's interest in the vehicle is the signing person's
 2-2     separate property.
 2-3           (f)  If the title is being issued in connection with the sale
 2-4     of the vehicle, the seller is not eligible to sign a rights of
 2-5     survivorship agreement under this section unless the seller is the
 2-6     child, grandchild, parent, grandparent, brother, or sister of each
 2-7     other person signing the agreement.  A family relationship required
 2-8     by this subsection may be a relationship established by adoption.
 2-9           (g)  If an agreement, other than the agreement provided for
2-10     in Subsection (a), providing for right of survivorship is signed by
2-11     two or more persons, the department shall issue a new certificate
2-12     of title to the surviving person or persons upon application
2-13     accompanied by a copy of the death certificate of the deceased
2-14     person.  The department may develop for public use under this
2-15     subsection an optional rights of survivorship agreement form.
2-16           SECTION 2.  Section 19(a)(2), Texas Manufactured Housing
2-17     Standards Act (Article 5221f, Vernon's Texas Civil Statutes), is
2-18     amended to read as follows:
2-19                 (2)  "Document of title" means a written instrument
2-20     issued solely by and  under the authority of the director that sets
2-21     forth:
2-22                       (A)  the name and address of the purchaser and
2-23     seller at the first retail sale, or the transferee and transferor
2-24     at any subsequent sale or transfer;
2-25                       (B)  the manufacturer's name and address and, if
2-26     any, the model designation;
2-27                       (C)  in accordance with applicable rules of the
2-28     director, the outside dimensions of the manufactured home when
2-29     installed for occupancy exclusive of the tongue or other towing
2-30     device as measured to the nearest one-half of one foot at the base
2-31     of the home, and the approximate square footage of the home when
2-32     installed for occupancy;
2-33                       (D)  the identification number or numbers for
2-34     each section or module of the manufactured home;
2-35                       (E)  the county of this state in which the
2-36     manufactured home is installed for occupancy;
2-37                       (F)  the dates of any liens, and the names and
2-38     addresses of the lienholders, in chronological order of
2-39     recordation, and if no liens are registered or recorded on the
2-40     manufactured home, a statement of that fact;
2-41                       (G)  the signature of the owner signed with pen
2-42     and ink on receipt of the certificate;
2-43                       (H)  that if two or more eligible persons, as
2-44     determined by Subsections (x) and (y) of this section, [a husband
2-45     and wife] file[,] with the application for document of title[,] an
2-46     agreement signed by all the persons [both] providing that the
2-47     manufactured home is to be held jointly with rights of
2-48     survivorship, the director shall issue the document of title in all
2-49     the [both] names; and
2-50                       (I)  any other data the director requires.
2-51           SECTION 3.  Section 19, Texas Manufactured Housing Standards
2-52     Act (Article 5221f, Vernon's Texas Civil Statutes), is amended by
2-53     amending Subsection (h) and adding Subsections (x) and (y) to read
2-54     as follows:
2-55           (h)  When the ownership of a manufactured home in this state
2-56     is transferred by operation of law, as in an inheritance, a devise,
2-57     or a bequest, bankruptcy, receivership, judicial sale, or any
2-58     involuntary divestiture of ownership, the department shall issue a
2-59     new document of title when the department is provided with a
2-60     certified copy of the order or bill of sale from an officer making
2-61     a judicial sale, or the order appointing a temporary administrator,
2-62     the probate proceedings, the letters testamentary, the letters of
2-63     administration, or an affidavit by all of the heirs at law showing
2-64     that no administration is necessary and showing in whose name the
2-65     certificate should be issued.  If a security interest or other lien
2-66     is foreclosed in accordance with law by nonjudicial means and the
2-67     secured party or other mortgagee files an affidavit with the
2-68     department showing the nonjudicial foreclosure in accordance with
2-69     law, the department may issue a new document of title in the name
 3-1     of the purchaser at the foreclosure sale.  If the foreclosure is of
 3-2     a constitutional or statutory lien and the person entitled to the
 3-3     lien files an affidavit showing the creation of the lien and of the
 3-4     divestiture of title because of the lien in accordance with law,
 3-5     the department may issue a new document of title in the name of the
 3-6     purchaser.  If an agreement providing for right of survivorship is
 3-7     signed by two or more eligible persons, as determined by
 3-8     Subsections (x) and (y) of this section, [the husband and wife] and
 3-9     if on the death of one of the persons [either spouse] the
3-10     department is provided with a copy of the death certificate of the
3-11     deceased person [spouse], the department shall issue a new document
3-12     of title to the surviving person or persons [spouse].
3-13           (x)  A person is eligible to sign a rights of survivorship
3-14     agreement under this section if the person:
3-15                 (1)  is married and the spouse of the signing person is
3-16     the only other party to the agreement;
3-17                 (2)  is unmarried and attests to that unmarried status
3-18     by affidavit; or
3-19                 (3)  is married and provides the department with an
3-20     affidavit from the signing person's spouse that attests that the
3-21     signing person's interest in the manufactured home is the signing
3-22     person's separate property.
3-23           (y)  If the title is being issued in connection with the sale
3-24     of the manufactured home, the seller is not eligible to sign a
3-25     rights of survivorship agreement under this section unless the
3-26     seller is the child, grandchild, parent, grandparent, brother, or
3-27     sister of each other person signing the agreement.  A family
3-28     relationship required by this subsection may be a relationship
3-29     established by adoption.
3-30           SECTION 4.  This Act takes effect September 1, 1999.
3-31           SECTION 5.  The importance of this legislation and the
3-32     crowded condition of the calendars in both houses create an
3-33     emergency and an imperative public necessity that the
3-34     constitutional rule requiring bills to be read on three several
3-35     days in each house be suspended, and this rule is hereby suspended.
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