By King of Uvalde, Pickett H.B. No. 2409
76R11118 DRH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the issuance of a certificate of title for and the
1-3 transfer of a motor vehicle that is not registered in this state.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 501.021(a), Transportation Code, is
1-6 amended to read as follows:
1-7 (a) A motor vehicle certificate of title is an instrument
1-8 issued by the department that includes:
1-9 (1) the name and address of the purchaser and seller
1-10 at the first sale or the transferee and transferor at a subsequent
1-11 sale;
1-12 (2) the make of the motor vehicle;
1-13 (3) the body type of the vehicle;
1-14 (4) the manufacturer's permanent vehicle
1-15 identification number of the vehicle or the vehicle's motor number
1-16 if the vehicle was manufactured before the date that stamping a
1-17 permanent identification number on a motor vehicle was universally
1-18 adopted;
1-19 (5) the serial number for the vehicle;
1-20 (6) the number on the vehicle's current Texas license
1-21 plates, if any;
1-22 (7) a statement:
1-23 (A) that no lien on the vehicle is recorded; or
1-24 (B) of the name and address of each lienholder
2-1 and the date of each lien on the vehicle, listed in the
2-2 chronological order in which the lien was recorded;
2-3 (8) a space for the signature of the owner of the
2-4 vehicle;
2-5 (9) a statement indicating rights of survivorship
2-6 under Section 501.031;
2-7 (10) if the vehicle has an odometer, the odometer
2-8 reading indicated by the application for the certificate of title;
2-9 and
2-10 (11) any other information required by the department.
2-11 SECTION 2. Section 501.0234(a), Transportation Code, is
2-12 amended to read as follows:
2-13 (a) A person who sells at the first or a subsequent sale a
2-14 motor vehicle and who holds a general distinguishing number issued
2-15 under Chapter 503 or the Texas Motor Vehicle Commission Code
2-16 (Article 4413(36), Vernon's Texas Civil Statutes) shall:
2-17 (1) in the time and manner provided by law, apply, in
2-18 the name of the purchaser of the vehicle, for the registration of
2-19 the vehicle, if the vehicle is to be registered, and a certificate
2-20 of title for the vehicle and file with the appropriate designated
2-21 agent each document necessary to transfer title to or [and]
2-22 register the vehicle; and at the same time
2-23 (2) remit any required motor vehicle sales tax.
2-24 SECTION 3. Subchapter B, Chapter 501, Transportation Code,
2-25 is amended by adding Section 501.0275 to read as follows:
2-26 Sec. 501.0275. ISSUANCE OF TITLE FOR UNREGISTERED VEHICLE.
2-27 (a) The department shall issue a certificate of title for a motor
3-1 vehicle that complies with the other requirements for issuance of a
3-2 certificate of title under this chapter except that:
3-3 (1) the vehicle is not registered for a reason other
3-4 than a reason provided by Section 501.051(6); and
3-5 (2) the applicant does not provide evidence of
3-6 financial responsibility that complies with Section 502.153.
3-7 (b) On application for a certificate of title under this
3-8 section, the applicant must surrender any license plates issued for
3-9 the motor vehicle and any registration insignia for validation of
3-10 those plates to the department.
3-11 SECTION 4. Section 520.022(a), Transportation Code, is
3-12 amended to read as follows:
3-13 (a) A person, whether acting for that person or another, who
3-14 sells, trades, or otherwise transfers a used motor vehicle shall
3-15 deliver to the transferee at the time of delivery of the vehicle:
3-16 (1) the license receipt issued by the department for
3-17 registration of the vehicle, if the vehicle was required to be
3-18 registered at the time of the delivery; and
3-19 (2) a properly assigned certificate of title or other
3-20 evidence of title as required under Chapter 501.
3-21 SECTION 5. Sections 520.031(a) and (b), Transportation Code,
3-22 are amended to read as follows:
3-23 (a) Not later than the 20th working day after the date of
3-24 receiving the documents under Section 520.022, the transferee of
3-25 the used motor vehicle shall file with the county
3-26 assessor-collector each document received under that section [the
3-27 license receipt and the certificate of title or other evidence of
4-1 title].
4-2 (b) The filing under Subsection (a) is an application for
4-3 transfer of title as required under Chapter 501 and, if the license
4-4 receipt is filed, an application for transfer of the registration
4-5 of the motor vehicle.
4-6 SECTION 6. This Act takes effect September 1, 1999.
4-7 SECTION 7. The importance of this legislation and the
4-8 crowded condition of the calendars in both houses create an
4-9 emergency and an imperative public necessity that the
4-10 constitutional rule requiring bills to be read on three several
4-11 days in each house be suspended, and this rule is hereby suspended.