By Siebert H.B. No. 2859
76R8804 JD-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to nonrepairable and salvage motor vehicles.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 501.0913, Transportation Code, is amended
1-5 by adding Subsection (c) to read as follows:
1-6 (c) Notwithstanding any other provision of this subchapter
1-7 to the contrary, a vehicle for which a salvage motor vehicle
1-8 certificate of title or a nonrepairable motor vehicle certificate
1-9 of title is issued under Subsection (b) may be sold to any person.
1-10 SECTION 2. Section 501.0920, Transportation Code, is amended
1-11 by adding Subsection (d) to read as follows:
1-12 (d) An application for a salvage motor vehicle certificate
1-13 of title or a nonrepairable motor vehicle certificate of title
1-14 under Section 501.0913(b) is not required to include the
1-15 information specified by Subsection (a)(2)(D) or (E).
1-16 SECTION 3. Section 501.0922, Transportation Code, is amended
1-17 by adding Subsection (c) to read as follows:
1-18 (c) An application for a regular certificate of title for a
1-19 motor vehicle under this section for which a salvage motor vehicle
1-20 certificate of title or a nonrepairable motor vehicle certificate
1-21 of title has been issued under Section 501.0913(b) is not required
1-22 to include the information specified by Subsection (a)(2). The
1-23 Texas Department of Public Safety may not impose the fee otherwise
1-24 provided by Subsection (b).
2-1 SECTION 4. Section 501.0923(a), Transportation Code, is
2-2 amended to read as follows:
2-3 (a) On receipt of a complete application under Section
2-4 501.0922, accompanied by the peace officer's statement, if the
2-5 statement is required by that section, and the appropriate fee for
2-6 the certificate of title, the department shall issue the applicant
2-7 a certificate of title for the vehicle.
2-8 SECTION 5. Section 501.0927, Transportation Code, is amended
2-9 by adding Subsection (d) to read as follows:
2-10 (d) An application under this section for a certificate of
2-11 title for a motor vehicle for which a nonrepairable motor vehicle
2-12 certificate of title has been issued under Section 501.0913(b) is
2-13 not required to include the written statement specified by
2-14 Subsection (a)(2).
2-15 SECTION 6. Section 501.0928, Transportation Code, is amended
2-16 by amending Subsection (a) and adding Subsection (d) to read as
2-17 follows:
2-18 (a) The department shall print salvage motor vehicle
2-19 certificates of title and nonrepairable motor vehicle certificates
2-20 of title in a color that distinguishes them from certificates of
2-21 title and so that each document, other than a certificate of title
2-22 issued under Section 501.0913(b), clearly shows that it is the
2-23 ownership document for a late model salvage motor vehicle or a
2-24 nonrepairable motor vehicle.
2-25 (d) A salvage motor vehicle certificate of title or a
2-26 nonrepairable motor vehicle certificate of title issued under
2-27 Section 501.0913(b) must bear a notation on its face that:
3-1 (1) the requirements of Sections 501.0920(a)(2)(D) and
3-2 (E), 501.0922(a)(2) and (b), and 501.0927(a)(2) and (b) are not
3-3 applicable in connection with the issuance of the applicable
3-4 certificate of title for the vehicle; and
3-5 (2) the vehicle described by the certificate of title
3-6 may be sold to any person.
3-7 SECTION 7. Subchapter E, Chapter 501, Transportation Code,
3-8 is amended by adding Section 501.0932 to read as follows:
3-9 Sec. 501.0932. ISSUANCE OF CERTAIN CERTIFICATES OF TITLE TO
3-10 INSURANCE COMPANIES AND THEIR AGENTS. (a) This section applies
3-11 only to an application filed with the department by an insurance
3-12 company or an authorized agent of an insurance company for:
3-13 (1) a salvage motor vehicle certificate of title; or
3-14 (2) a nonrepairable motor vehicle certificate of
3-15 title.
3-16 (b) Unless prohibited by federal law, the department shall
3-17 issue the applicable certificate of title, regardless of whether
3-18 the application, or the documentation supporting the application,
3-19 is deficient if:
3-20 (1) the department, following its own review or acting
3-21 in reliance on a statement of fact made by the applicant,
3-22 determines that the applicant, after using reasonable diligence, is
3-23 unable to correct the deficiency; and
3-24 (2) but for that deficiency, the applicant would be
3-25 entitled to the issuance of the applicable certificate of title.
3-26 SECTION 8. This Act takes effect September 1, 1999.
3-27 SECTION 9. The importance of this legislation and the
4-1 crowded condition of the calendars in both houses create an
4-2 emergency and an imperative public necessity that the
4-3 constitutional rule requiring bills to be read on three several
4-4 days in each house be suspended, and this rule is hereby suspended.