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 501.023, Transportation Code, is amended
2-12 by adding Subsection (c) to read as follows:
2-13 (c) The owner or a lessee of a commercial motor vehicle
2-14 operating under the International Registration Plan or other
2-15 agreement described by Section 502.054 that is applying for a
2-16 certificate of title for purposes of registration only must be made
2-17 directly to the department. Notwithstanding Section 501.138(a), an
2-18 applicant for registration under this subsection shall pay the
2-19 department the fee imposed by that section. The department shall
2-20 send the fee to the appropriate county assessor-collector for
2-21 distribution in the manner provided by Section 501.138.
2-22 SECTION 3. Section 501.0234(a), Transportation Code, is
2-23 amended to read as follows:
2-24 (a) A person who sells at the first or a subsequent sale a
2-25 motor vehicle and who holds a general distinguishing number issued
2-26 under Chapter 503 or the Texas Motor Vehicle Commission Code
2-27 (Article 4413(36), Vernon's Texas Civil Statutes) shall:
3-1 (1) in the time and manner provided by law, apply, in
3-2 the name of the purchaser of the vehicle, for the registration of
3-3 the vehicle, if the vehicle is to be registered, and a certificate
3-4 of title for the vehicle and file with the appropriate designated
3-5 agent each document necessary to transfer title to or [and]
3-6 register the vehicle; and at the same time
3-7 (2) remit any required motor vehicle sales tax.
3-8 SECTION 4. Subchapter B, Chapter 501, Transportation Code,
3-9 is amended by adding Section 501.0275 to read as follows:
3-10 Sec. 501.0275. ISSUANCE OF TITLE FOR UNREGISTERED VEHICLE.
3-11 (a) The department shall issue a certificate of title for a motor
3-12 vehicle that complies with the other requirements for issuance of a
3-13 certificate of title under this chapter except that:
3-14 (1) the vehicle is not registered for a reason other
3-15 than a reason provided by Section 501.051(6); and
3-16 (2) the applicant does not provide evidence of
3-17 financial responsibility that complies with Section 502.153.
3-18 (b) On application for a certificate of title under this
3-19 section, the applicant must surrender any license plates issued for
3-20 the motor vehicle and any registration insignia for validation of
3-21 those plates to the department.
3-22 SECTION 5. Section 520.022(a), Transportation Code, is
3-23 amended to read as follows:
3-24 (a) A person, whether acting for that person or another, who
3-25 sells, trades, or otherwise transfers a used motor vehicle shall
3-26 deliver to the transferee at the time of delivery of the vehicle:
3-27 (1) the license receipt issued by the department for
4-1 registration of the vehicle, if the vehicle was required to be
4-2 registered at the time of the delivery; and
4-3 (2) a properly assigned certificate of title or other
4-4 evidence of title as required under Chapter 501.
4-5 SECTION 6. Sections 520.031(a) and (b), Transportation Code,
4-6 are amended to read as follows:
4-7 (a) Not later than the 20th working day after the date of
4-8 receiving the documents under Section 520.022, the transferee of
4-9 the used motor vehicle shall file with the county
4-10 assessor-collector each document received under that section [the
4-11 license receipt and the certificate of title or other evidence of
4-12 title].
4-13 (b) The filing under Subsection (a) is an application for
4-14 transfer of title as required under Chapter 501 and, if the license
4-15 receipt is filed, an application for transfer of the registration
4-16 of the motor vehicle.
4-17 SECTION 7. Section 548.052, Transportation Code, is amended
4-18 to read as follows:
4-19 Sec. 548.052. VEHICLES NOT SUBJECT TO INSPECTION. This
4-20 chapter does not apply to:
4-21 (1) a trailer, semitrailer, pole trailer, or mobile
4-22 home moving under or bearing a current factory-delivery license
4-23 plate or current in-transit license plate;
4-24 (2) a vehicle moving under or bearing a paper dealer
4-25 in-transit tag, machinery license, disaster license, parade
4-26 license, prorate tab, one-trip permit, antique license, temporary
4-27 24-hour permit, or permit license;
5-1 (3) a trailer, semitrailer, pole trailer, or mobile
5-2 home having an actual gross weight or registered gross weight of
5-3 4,500 pounds or less;
5-4 (4) farm machinery, road-building equipment, a farm
5-5 trailer, or a vehicle required to display a slow-moving-vehicle
5-6 emblem under Section 547.703; [or]
5-7 (5) a former military vehicle, as defined by Section
5-8 502.275(o); or
5-9 (6) a vehicle for which a certificate of title has
5-10 been issued but that is not required to be registered.
5-11 SECTION 8. Section 548.256(a), Transportation Code, is
5-12 amended to read as follows:
5-13 (a) Before a vehicle that is brought into this state by a
5-14 person other than a manufacturer or importer may be registered [may
5-15 be issued a title under Section 501.030], the owner must have the
5-16 vehicle inspected and have the inspection station record the
5-17 following information on a verification form prescribed and
5-18 provided by the department:
5-19 (1) the vehicle identification number;
5-20 (2) the number appearing on the odometer of the
5-21 vehicle at the time of the inspection, if the vehicle has an
5-22 odometer; and
5-23 (3) other information the department requires.
5-24 SECTION 9. The section heading to Section 548.256,
5-25 Transportation Code, is amended to read as follows:
5-26 Sec. 548.256. VERIFICATION FORM REQUIRED TO REGISTER [AND
5-27 TITLE] VEHICLE.
6-1 SECTION 10. This Act takes effect September 1, 1999.
6-2 SECTION 11. The importance of this legislation and the
6-3 crowded condition of the calendars in both houses create an
6-4 emergency and an imperative public necessity that the
6-5 constitutional rule requiring bills to be read on three several
6-6 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. 2409 was passed by the House on May
4, 1999, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 2409 on May 22, 1999, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 2409 on May 30, 1999, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2409 was passed by the Senate, with
amendments, on May 20, 1999, by a viva-voce vote; at the request of
the House, the Senate appointed a conference committee to consider
the differences between the two houses; and that the Senate adopted
the conference committee report on H.B. No. 2409 on May 30, 1999,
by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor