SRC-SEW S.B. 787 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 787
2001S0533/1 By: Brown, J. E. "Buster"
State Affairs
2/27/2001
As Filed


DIGEST AND PURPOSE 

Currently, Chapters 501 (Certificate of Title Act) and 503 (Dealer's and
Manufacturer's Vehicle License Plates), Transportation Code, provide
certain regulations applicable to the sale of motor vehicles and to those
who sell and operate motor vehicles.  These provisions 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 taxation and titling and registration of, motor vehicles.
As proposed, S.B. 787 provides conforming and technical changes to relevant
provisions of the Transportation Code to ensure uniformity among all
components of the regulatory structure and to conform that structure to
current practices in the industry.  These changes are necessitated by
amendments to other law over time, and by changes in the regulated
industry. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Motor Vehicle Board of the
Texas Department of Transportation in SECTION 3 (Section 503.002,
Transportation Code) 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amend Section 501.0234(b), Transportation Code, to provide that
this section does not apply to a vehicle with a gross weight in excess of
11,000 pounds. 

SECTION 2.  Amends Section 501.074, Transportation Code, by adding
Subsection (d) to provide that, to the extent of a conflict between this
section and another law, this section controls. 

SECTION 3.  Amends Section 503.001, 503.002, and 503.003, Transportation
Code as follows: 

 Sec. 503.001.  Defines "board" and "converter."

Sec. 503.002.  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 this chapter. 

Sec. 503.003.  Provides that this chapter does not prohibit the display or
sale of a nonmotorized vehicle or trailer at a regularly scheduled vehicle
or boat show involving multiple dealers conducted in accordance with board
rules. 

SECTION 4.  Amends Section 503.006, Transportation Code, to require a
dealer or manufacturer who has been issued dealer's, converter's or
manufacturer's license plates to notify the department of a change to the
dealer's, converter's, or manufacturer's address not later than the 10th
day after the date the change occurs. 

SECTION 5.  Amends Section 503.027(b), Transportation Code, to make a
conforming change. 

SECTION 6.  Amends Section 503.033(g), Transportation Code, to make a
conforming change. 
 
SECTION 7.  Amends Section 503.034(c), Transportation Code, to make a
conforming change. 

SECTION 8.  Amends Section 503.066, Transportation Code, by deleting
Subsection (d) and by amending and redesignating existing Subsection (e) as
Subsection (d) as follows: 

Deletes text in existing Subsection (d) requiring license plates to be
mailed to qualified applicants during February and March. 

  (d) Makes a conforming change.

SECTION 9.  Amends Section 503.069(a), Transportation Code, to make a
conforming change. 

SECTION 10.  Effective date:  upon passage or September 1, 2001.