1-1 By: King of Uvalde, Pickett H.B. No. 2409
1-2 (Senate Sponsor - Bernsen)
1-3 (In the Senate - Received from the House May 5, 1999;
1-4 May 6, 1999, read first time and referred to Committee on State
1-5 Affairs; May 14, 1999, reported favorably by the following vote:
1-6 Yeas 8, Nays 0; May 14, 1999, sent to printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the issuance of a certificate of title for and the
1-10 transfer of a motor vehicle that is not registered in this state.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 501.021(a), Transportation Code, is
1-13 amended to read as follows:
1-14 (a) A motor vehicle certificate of title is an instrument
1-15 issued by the department that includes:
1-16 (1) the name and address of the purchaser and seller
1-17 at the first sale or the transferee and transferor at a subsequent
1-18 sale;
1-19 (2) the make of the motor vehicle;
1-20 (3) the body type of the vehicle;
1-21 (4) the manufacturer's permanent vehicle
1-22 identification number of the vehicle or the vehicle's motor number
1-23 if the vehicle was manufactured before the date that stamping a
1-24 permanent identification number on a motor vehicle was universally
1-25 adopted;
1-26 (5) the serial number for the vehicle;
1-27 (6) the number on the vehicle's current Texas license
1-28 plates, if any;
1-29 (7) a statement:
1-30 (A) that no lien on the vehicle is recorded; or
1-31 (B) of the name and address of each lienholder
1-32 and the date of each lien on the vehicle, listed in the
1-33 chronological order in which the lien was recorded;
1-34 (8) a space for the signature of the owner of the
1-35 vehicle;
1-36 (9) a statement indicating rights of survivorship
1-37 under Section 501.031;
1-38 (10) if the vehicle has an odometer, the odometer
1-39 reading indicated by the application for the certificate of title;
1-40 and
1-41 (11) any other information required by the department.
1-42 SECTION 2. Section 501.0234(a), Transportation Code, is
1-43 amended to read as follows:
1-44 (a) A person who sells at the first or a subsequent sale a
1-45 motor vehicle and who holds a general distinguishing number issued
1-46 under Chapter 503 or the Texas Motor Vehicle Commission Code
1-47 (Article 4413(36), Vernon's Texas Civil Statutes) shall:
1-48 (1) in the time and manner provided by law, apply, in
1-49 the name of the purchaser of the vehicle, for the registration of
1-50 the vehicle, if the vehicle is to be registered, and a certificate
1-51 of title for the vehicle and file with the appropriate designated
1-52 agent each document necessary to transfer title to or [and]
1-53 register the vehicle; and at the same time
1-54 (2) remit any required motor vehicle sales tax.
1-55 SECTION 3. Subchapter B, Chapter 501, Transportation Code,
1-56 is amended by adding Section 501.0275 to read as follows:
1-57 Sec. 501.0275. ISSUANCE OF TITLE FOR UNREGISTERED VEHICLE.
1-58 (a) The department shall issue a certificate of title for a motor
1-59 vehicle that complies with the other requirements for issuance of a
1-60 certificate of title under this chapter except that:
1-61 (1) the vehicle is not registered for a reason other
1-62 than a reason provided by Section 501.051(6); and
1-63 (2) the applicant does not provide evidence of
1-64 financial responsibility that complies with Section 502.153.
2-1 (b) On application for a certificate of title under this
2-2 section, the applicant must surrender any license plates issued for
2-3 the motor vehicle and any registration insignia for validation of
2-4 those plates to the department.
2-5 SECTION 4. Section 520.022(a), Transportation Code, is
2-6 amended to read as follows:
2-7 (a) A person, whether acting for that person or another, who
2-8 sells, trades, or otherwise transfers a used motor vehicle shall
2-9 deliver to the transferee at the time of delivery of the vehicle:
2-10 (1) the license receipt issued by the department for
2-11 registration of the vehicle, if the vehicle was required to be
2-12 registered at the time of the delivery; and
2-13 (2) a properly assigned certificate of title or other
2-14 evidence of title as required under Chapter 501.
2-15 SECTION 5. Sections 520.031(a) and (b), Transportation Code,
2-16 are amended to read as follows:
2-17 (a) Not later than the 20th working day after the date of
2-18 receiving the documents under Section 520.022, the transferee of
2-19 the used motor vehicle shall file with the county
2-20 assessor-collector each document received under that section [the
2-21 license receipt and the certificate of title or other evidence of
2-22 title].
2-23 (b) The filing under Subsection (a) is an application for
2-24 transfer of title as required under Chapter 501 and, if the license
2-25 receipt is filed, an application for transfer of the registration
2-26 of the motor vehicle.
2-27 SECTION 6. This Act takes effect September 1, 1999.
2-28 SECTION 7. The importance of this legislation and the
2-29 crowded condition of the calendars in both houses create an
2-30 emergency and an imperative public necessity that the
2-31 constitutional rule requiring bills to be read on three several
2-32 days in each house be suspended, and this rule is hereby suspended.
2-33 * * * * *