HBA-NRS H.B. 1664 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1664 By: Alexander Transportation 3/18/2001 Committee Report (Amended) BACKGROUND AND PURPOSE The Certificate of Title Act and certain provisions relating to dealer's and manufacturer's vehicle license plates in the Transportation Code work together with other laws such as the Tax Code and the Texas Motor Vehicle Commission Code to provide an integrated, cohesive, regulatory structure applicable to commerce in and the titling and registration of motor vehicles. Over time, these laws have changed as have practices in the operation and sale of motor vehicles. House Bill 1664 provides technical changes to relevant provisions of the Transportation Code to ensure uniformity among all components of the motor vehicle industry regulatory structure. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Motor Vehicle Board of the Texas Department of Transportation in SECTION 4 (Section 503.002, Transportation Code), SECTION 5 (Section 503.003, Transportation Code), SECTION 7 (Section 503.027, Transportation Code), and SECTION 10 (Section 503.069, Transportation Code) of this bill. ANALYSIS House Bill 1664 amends the Transportation Code relating to certain regulations for the sale and operation of certain vehicles. The bill provides that the provisions regarding the duties of a vehicle dealer on the sale of a motor vehicle do not apply to vehicles with a gross weight in excess of 11,000 pounds. The bill also sets forth that the provisions for the transfer of ownership of a vehicle in the Transportation Code supersedes other law, in the event of a conflict. The bill authorizes the Motor Vehicle Board of the Texas Department of Transportation (board), rather than the Texas Transportation Commission (commission), to adopt rules for the administration of provisions relating to dealer's and manufacturer's vehicle license plates. The bill also transfers authority from the commission to the board in relation to rules for the display or sale of a nonmotorized vehicle or trailer, rules relating to an established and permanent place of business, and rules in relation to display of a dealer's or manufacturer's license plate. The bill repeals the provision which requires that license plates be mailed to qualified applicants during February and March. The bill requires a dealer or manufacturer who has been issued converter's license plates to notify the Texas Department of Transportation of a change to the converter's address within a specified time period. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001. EXPLANATION OF AMENDMENTS Committee Amendment No.1 provides that the Transportation Code provisions for transferring the title of a motor vehicle by an operation of law supersede other law, including Chapters 1-9 of the Business & Commerce Code in the event of a conflict.