By Alexander H.B. No. 1664
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain regulations of the sale and operation of
1-3 certain vehicles.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 501.0234(b), Transportation Code, is
1-6 amended to read as follows:
1-7 (b) This section does not apply to a vehicle:
1-8 (1) that has been declared a total loss by an
1-9 insurance company in the settlement or adjustment of a claim; [or]
1-10 (2) for which the certificate of title has been
1-11 surrendered in exchange for:
1-12 (A) a salvage certificate of title issued under
1-13 this chapter;
1-14 (B) a nonrepairable motor vehicle certificate of
1-15 title issued under this chapter;
1-16 (C) a certificate of authority issued under
1-17 Subchapter D, Chapter 683; or
1-18 (D) an ownership document issued by another
1-19 state that is comparable to a document described by Paragraphs
1-20 (A)-(C); or
1-21 (3) with a gross weight in excess of 11,000 pounds.
1-22 SECTION 2. Section 501.074, Transportation Code, is amended
1-23 by adding Subsection (d) to read as follows:
1-24 (d) Notwithstanding the terms of Section 501.005, in the
2-1 event of a conflict between this section and other law, this
2-2 section controls.
2-3 SECTION 3. Section 503.001, Transportation Code, is amended
2-4 to read as follows:
2-5 Sec. 503.001. DEFINITIONS. In this chapter:
2-6 (1) "Board" has the meaning assigned by the Texas
2-7 Motor Vehicle Commission Code (Article 4413(36), Vernon's Texas
2-8 Civil Statutes).
2-9 (2) "Commission" means the Texas Transportation
2-10 Commission.
2-11 (3) "Converter" has the meaning assigned by the Texas
2-12 Motor Vehicle Commission Code (Article 4413(36), Vernon's Texas
2-13 Civil Statutes).
2-14 (4) [(2)] "Dealer" means a person who regularly and
2-15 actively buys, sells, or exchanges vehicles at an established and
2-16 permanent location. The term includes a franchised motor vehicle
2-17 dealer, an independent motor vehicle dealer, and a wholesale motor
2-18 vehicle dealer.
2-19 (5) [(3)] "Department" means the Texas Department of
2-20 Transportation.
2-21 (6) [(4)] "Drive-a-way operator" means a person who
2-22 transports and delivers a vehicle in this state from the
2-23 manufacturer or another point of origin to a location in this state
2-24 using the vehicle's own power or using the full-mount method, the
2-25 saddle-mount method, the tow-bar method, or a combination of those
2-26 methods.
2-27 (7) [(5)] "Franchise" has the meaning assigned by the
3-1 Texas Motor Vehicle Commission Code (Article 4413(36), Vernon's
3-2 Texas Civil Statutes).
3-3 (8) [(6)] "Franchised motor vehicle dealer" means a
3-4 person engaged in the business of buying, selling, or exchanging
3-5 new motor vehicles at an established and permanent place of
3-6 business under a franchise in effect with a motor vehicle
3-7 manufacturer or distributor.
3-8 (9) [(7)] "Independent motor vehicle dealer" means a
3-9 dealer other than a franchised motor vehicle dealer or a wholesale
3-10 motor vehicle dealer.
3-11 (10) [(8)] "Manufacturer" means a person who
3-12 manufactures, distributes, or assembles new vehicles.
3-13 (11) [(9)] "Motorcycle" has the meaning assigned by
3-14 Section 502.001.
3-15 (12) [(10)] "Motor vehicle" has the meaning assigned
3-16 by Section 502.001.
3-17 (13) [(11)] "Semitrailer" has the meaning assigned by
3-18 Section 502.001.
3-19 (14) [(12)] "Trailer" has the meaning assigned by
3-20 Section 502.001.
3-21 (15) [(13)] "Vehicle" means a motor vehicle,
3-22 motorcycle, house trailer, trailer, or semitrailer.
3-23 (16) [(14)] "Wholesale motor vehicle auction" means
3-24 the offering of a motor vehicle for sale to the highest bidder
3-25 during a transaction that is one of a series of regular periodic
3-26 transactions that occur at a permanent location.
3-27 (17) [(15)] "Wholesale motor vehicle dealer" means a
4-1 dealer who sells motor vehicles only to a person who is:
4-2 (A) the holder of a dealer's general
4-3 distinguishing number; or
4-4 (B) a foreign dealer authorized by a law of this
4-5 state or interstate reciprocity agreement to purchase a vehicle in
4-6 this state without remitting the motor vehicle sales tax.
4-7 SECTION 4. Section 503.002, Transportation Code, is amended
4-8 to read as follows:
4-9 Sec. 503.002. RULES. The board [commission] may adopt rules
4-10 for the administration of this chapter.
4-11 SECTION 5. Section 503.003, Transportation Code, is amended
4-12 to read as follows:
4-13 Sec. 503.003. DISPLAY OR SALE OF NONMOTORIZED VEHICLE OR
4-14 TRAILER. This chapter does not prohibit the display or sale of a
4-15 nonmotorized vehicle or trailer at a regularly scheduled vehicle or
4-16 boat show involving [with] multiple dealers [vendors] conducted in
4-17 accordance with board [commission] rules.
4-18 SECTION 6. Section 503.006, Transportation Code, is amended
4-19 to read as follows:
4-20 Sec. 503.006. NOTICE OF CHANGE OF ADDRESS. A dealer or
4-21 manufacturer who has been issued dealer's, converter's, or
4-22 manufacturer's license plates shall notify the department of a
4-23 change to the dealer's, converter's, or manufacturer's address not
4-24 later than the 10th day after the date the change occurs.
4-25 SECTION 7. Section 503.027(b), Transportation Code, is
4-26 amended to read as follows:
4-27 (b) If a person is not otherwise prohibited from doing
5-1 business as a dealer at more than one location in the territory of
5-2 a municipality, a person may buy, sell, or exchange a vehicle of
5-3 the type for which the person holds a dealer general distinguishing
5-4 number from more than one location in the territory of the
5-5 municipality without obtaining an additional dealer general
5-6 distinguishing number. Each location must comply with the
5-7 requirements prescribed by this chapter and board [commission]
5-8 rules relating to an established and permanent place of business.
5-9 SECTION 8. Section 503.034(c), Transportation Code, is
5-10 amended to read as follows:
5-11 (c) A dealer's general distinguishing number expires on
5-12 March 31 of each year, unless provided otherwise by law or rule of
5-13 the board [department's Motor Vehicle Board].
5-14 SECTION 9. Sections 503.066(d) and (e), Transportation Code,
5-15 are amended to read as follows:
5-16 (d) [License plates shall be mailed to qualified applicants
5-17 during February and March.]
5-18 [(e)] A license plate issued under this section expires on
5-19 March 31 of the year after the year of issuance, unless provided
5-20 otherwise by law or rule of the department's Motor Vehicle Board.
5-21 SECTION 10. Section 503.069(a), Transportation Code, is
5-22 amended to read as follows:
5-23 (a) A license plate, other than an in-transit license plate,
5-24 or a temporary cardboard tag issued under this chapter shall be
5-25 displayed in accordance with board [commission] rules.
5-26 SECTION 11. This Act takes effect immediately if it receives
5-27 a vote of two-thirds of all the members elected to each house, as
6-1 provided by Section 39, Article III, Texas Constitution. If this
6-2 Act does not receive the vote necessary for immediate effect, this
6-3 Act takes effect September 1, 2001.