By Pickett H.B. No. 3574
76R5199 DWS-D
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 501.0915(a), Transportation Code, is
1-5 amended to read as follows:
1-6 (a) If after payment of a total loss claim on a late model
1-7 salvage motor vehicle or a nonrepairable motor vehicle an insurance
1-8 company does not acquire ownership of the vehicle, the insurance
1-9 company shall submit to the department, before the 31st day after
1-10 the date of the payment of the claim:
1-11 (1) an application, in the name of the owner of the
1-12 vehicle, for a salvage motor vehicle certificate of title or a
1-13 nonrepairable motor vehicle certificate of title, as applicable;
1-14 and
1-15 (2) an application fee of $3 instead of any fee
1-16 required under Section 502.0920(a)(1)[, on the form prescribed by
1-17 the department, a report stating that:]
1-18 [(1) the insurance company has paid a total loss claim
1-19 on the vehicle; and]
1-20 [(2) the insurance company has not acquired ownership
1-21 of the vehicle].
1-22 SECTION 2. Sections 501.0920(a) and (c), Transportation
1-23 Code, are amended to read as follows:
1-24 (a) An application for a salvage motor vehicle certificate
2-1 of title or a nonrepairable motor vehicle certificate of title
2-2 must:
2-3 (1) be made on a form prescribed by the department and
2-4 accompanied by a fee established by the department, not to exceed
2-5 an amount that is sufficient, when added to other fees collected
2-6 under this chapter, to recover the actual costs to the department
2-7 of issuing the certificate; and
2-8 (2) include, in addition to any other information
2-9 required by the department:
2-10 (A) the name and current address of the owner;
2-11 (B) a description of the vehicle, including the
2-12 make, style of body, model year, and vehicle identification number;
2-13 (C) a description of the damage to the vehicle;
2-14 (D) the estimated cost of repairs to the
2-15 vehicle, including parts and labor; [and]
2-16 (E) the predamaged actual cash value of the
2-17 vehicle; and
2-18 (F) the name and address of each lienholder and
2-19 the date of each lien on the vehicle.
2-20 (c) A nonrepairable motor vehicle certificate of title must
2-21 state on its face that[, except as provided by Sections 501.0925
2-22 and 501.0927,] the vehicle:
2-23 (1) may not be issued a regular certificate of title
2-24 or registered in this state; and
2-25 (2) may only be used for parts or scrap metal.
2-26 SECTION 3. Section 501.0922(a), Transportation Code, is
2-27 amended to read as follows:
3-1 (a) A vehicle for which a salvage motor vehicle certificate
3-2 of title has been issued may be issued a regular certificate of
3-3 title only after application and, in addition to any other
3-4 requirement of law, only if the application is accompanied by:
3-5 (1) an affidavit of the applicant that:
3-6 (A) describes each major component part used to
3-7 repair the vehicle;
3-8 (B) [and] shows the identification number
3-9 required by federal law to be affixed to or inscribed on the part;
3-10 and
3-11 (C) states where, when, how, and from whom the
3-12 part was obtained; and
3-13 (2) [is accompanied by] a written statement signed by
3-14 a specially trained commissioned officer of the Department of
3-15 Public Safety certifying to the department that:
3-16 (A) the vehicle identification numbers and parts
3-17 identification numbers are accurate;
3-18 (B) the applicant has proof that the applicant
3-19 owns the parts used to repair the vehicle; and
3-20 (C) the vehicle may be safely operated and
3-21 complies with all applicable motor vehicle safety standards of this
3-22 state.
3-23 SECTION 4. Section 501.0925, Transportation Code, is amended
3-24 to read as follows:
3-25 Sec. 501.0925. RIGHTS OF HOLDER OF NONREPAIRABLE MOTOR
3-26 VEHICLE CERTIFICATE OF TITLE. A person who holds a nonrepairable
3-27 motor vehicle certificate of title for a vehicle:
4-1 (1) is entitled to possess the vehicle, dismantle,
4-2 scrap, or destroy the vehicle, or transport the vehicle or parts of
4-3 the vehicle;
4-4 (2) may not[, or] rebuild the vehicle;
4-5 (3) [(2)] may not operate or permit the operation of
4-6 the vehicle on a public highway; and
4-7 (4) [(3)] may transfer ownership of the vehicle only
4-8 as permitted by law.
4-9 SECTION 5. Section 501.0927, Transportation Code, is
4-10 repealed.
4-11 SECTION 6. The change in law made by this Act applies only
4-12 to a motor vehicle for which a nonrepairable motor vehicle
4-13 certificate of title or salvage motor vehicle certificate of title
4-14 is issued on or after the effective date of this Act. A motor
4-15 vehicle for which a nonrepairable motor vehicle certificate of
4-16 title or salvage motor vehicle certificate of title was issued
4-17 before the effective date of this Act is governed by the law in
4-18 effect when the certificate of title was issued, and the former law
4-19 is continued in effect for that purpose.
4-20 SECTION 7. This Act takes effect September 1, 1999.
4-21 SECTION 8. The importance of this legislation and the
4-22 crowded condition of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended.