By Shields, et al. H.B. No. 1743
76R5676 JD-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the registration and the transfer of motor vehicles
1-3 owned by certain persons on active duty in the armed forces of the
1-4 United States.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter A, Chapter 502, Transportation Code,
1-7 is amended by adding Section 502.0025 to read as follows:
1-8 Sec. 502.0025. EFFECT OF CERTAIN MILITARY SERVICE ON
1-9 REGISTRATION REQUIREMENT. (a) This section applies only to a
1-10 motor vehicle that is owned by a person who:
1-11 (1) is a resident of this state;
1-12 (2) is on active duty in the armed forces of the
1-13 United States;
1-14 (3) is stationed in or has been assigned to another
1-15 nation under military orders; and
1-16 (4) has registered the vehicle or been issued a
1-17 license for the vehicle under the applicable status of forces
1-18 agreement by:
1-19 (A) the appropriate branch of the armed forces
1-20 of the United States; or
1-21 (B) the nation in which the person is stationed
1-22 or to which the person has been assigned.
1-23 (b) Unless the registration or license issued for a vehicle
1-24 described by Subsection (a) is suspended, canceled, or revoked by
2-1 this state as provided by law:
2-2 (1) Section 502.002(a) does not apply; and
2-3 (2) the registration or license issued by the armed
2-4 forces or host nation remains valid and the motor vehicle may be
2-5 operated in this state under that registration or license for a
2-6 period of not more than 90 days after the date on which the person
2-7 returns to this state.
2-8 SECTION 2. Subchapter C, Chapter 520, Transportation Code,
2-9 is amended by adding Section 520.0225 to read as follows:
2-10 Sec. 520.0225. PERSONS ON ACTIVE DUTY IN ARMED FORCES OF
2-11 UNITED STATES. (a) This section applies only to a used motor
2-12 vehicle that is owned by a person who:
2-13 (1) is on active duty in the armed forces of the
2-14 United States;
2-15 (2) is stationed in or has been assigned to another
2-16 nation under military orders; and
2-17 (3) has registered the vehicle or been issued a
2-18 license for the vehicle under the applicable status of forces
2-19 agreement by:
2-20 (A) the appropriate branch of the armed forces
2-21 of the United States; or
2-22 (B) the nation in which the person is stationed
2-23 or to which the person has been assigned.
2-24 (b) The requirement in Section 520.021 that a used vehicle
2-25 be registered under the law of this state does not apply to a
2-26 vehicle described by Subsection (a). In lieu of delivering the
2-27 license receipt to the transferee of the vehicle, as required by
3-1 Section 520.022, the person selling, trading, or otherwise
3-2 transferring a used motor vehicle described by Subsection (a) shall
3-3 deliver to the transferee:
3-4 (1) a letter written on official letterhead by the
3-5 owner's unit commander attesting to the registration of the vehicle
3-6 under Subsection (a)(3); or
3-7 (2) the registration receipt issued by the appropriate
3-8 branch of the armed forces or host nation.
3-9 (c) A registration receipt issued by a host nation that is
3-10 not written in the English language must be accompanied by:
3-11 (1) a written translation of the registration receipt
3-12 in English; and
3-13 (2) an affidavit, in English and signed by the person
3-14 translating the registration receipt, attesting to the person's
3-15 ability to translate the registration receipt into English.
3-16 SECTION 3. Section 520.031(a), Transportation Code, is
3-17 amended to read as follows:
3-18 (a) Not later than the 20th working day after the date of
3-19 receiving the documents under Section 520.022 or 520.0225, the
3-20 transferee of the used motor vehicle shall file with the county
3-21 assessor-collector:
3-22 (1) the license receipt and the certificate of title
3-23 or other evidence of title; or
3-24 (2) if appropriate, a document described by Section
3-25 520.0225(b)(1) or (2) and the certificate of title or other
3-26 evidence of title.
3-27 SECTION 4. This Act takes effect September 1, 1999.
4-1 SECTION 5. The importance of this legislation and the
4-2 crowded condition of the calendars in both houses create an
4-3 emergency and an imperative public necessity that the
4-4 constitutional rule requiring bills to be read on three several
4-5 days in each house be suspended, and this rule is hereby suspended.
4-6 COMMITTEE AMENDMENT NO. 1
4-7 House Bill 1743 line 6, page 2 is amended to read: "period of
4-8 not more than 90 days after the date on which the [person]
4-9 vehicle".
4-10 Alexander