By Alexander H.B. No. 1664
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
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
2-1 by adding Subsection (d) to read as follows:
2-2 (d) In the event of a conflict between this section and
2-3 other law, this section controls.
2-4 SECTION 3. Section 503.001, Transportation Code, is amended
2-5 to read as follows:
2-6 Sec. 503.001. DEFINITIONS. In this chapter:
2-7 (1) "Board" has the meaning assigned by the Texas
2-8 Motor Vehicle Commission Code (Article 4413(36), Vernon's Texas
2-9 Civil Statutes).
2-10 (2) [(1)] "Commission" means the Texas Transportation
2-11 Commission.
2-12 (3) "Converter" has the meaning assigned by the Texas
2-13 Motor Vehicle Commission Code (Article 4413(36), Vernon's Texas
2-14 Civil Statutes).
2-15 (4) [(2)] "Dealer" means a person who regularly and
2-16 actively buys, sells, or exchanges vehicles at an established and
2-17 permanent location. The term includes a franchised motor vehicle
2-18 dealer, an independent motor vehicle dealer, and a wholesale motor
2-19 vehicle dealer.
2-20 (5) [(3)] "Department" means the Texas Department of
2-21 Transportation.
2-22 (6) [(4)] "Drive-a-way operator" means a person who
2-23 transports and delivers a vehicle in this state from the
2-24 manufacturer or another point of origin to a location in this state
2-25 using the vehicle's own power or using the full-mount method, the
2-26 saddle-mount method, the tow-bar method, or a combination of those
3-1 methods.
3-2 (7) [(5)] "Franchise" has the meaning assigned by the
3-3 Texas Motor Vehicle Commission Code (Article 4413(36), Vernon's
3-4 Texas Civil Statutes).
3-5 (8) [(6)] "Franchised motor vehicle dealer" means a
3-6 person engaged in the business of buying, selling, or exchanging
3-7 new motor vehicles at an established and permanent place of
3-8 business under a franchise in effect with a motor vehicle
3-9 manufacturer or distributor.
3-10 (9) [(7)] "Independent motor vehicle dealer" means a
3-11 dealer other than a franchised motor vehicle dealer or a wholesale
3-12 motor vehicle dealer.
3-13 (10) [(8)] "Manufacturer" means a person who
3-14 manufactures, distributes, or assembles new vehicles.
3-15 (11) [(9)] "Motorcycle" has the meaning assigned by
3-16 Section 502.001.
3-17 (12) [(10)] "Motor vehicle" has the meaning assigned
3-18 by Section 502.001.
3-19 (13) [(11)] "Semitrailer" has the meaning assigned by
3-20 Section 502.001.
3-21 (14) [(12)] "Trailer" has the meaning assigned by
3-22 Section 502.001.
3-23 (15) [(13)] "Vehicle" means a motor vehicle,
3-24 motorcycle, house trailer, trailer, or semitrailer.
3-25 (16) [(14)] "Wholesale motor vehicle auction" means
3-26 the offering of a motor vehicle for sale to the highest bidder
4-1 during a transaction that is one of a series of regular periodic
4-2 transactions that occur at a permanent location.
4-3 (17) [(15)] "Wholesale motor vehicle dealer" means a
4-4 dealer who sells motor vehicles only to a person who is:
4-5 (A) the holder of a dealer's general
4-6 distinguishing number; or
4-7 (B) a foreign dealer authorized by a law of this
4-8 state or interstate reciprocity agreement to purchase a vehicle in
4-9 this state without remitting the motor vehicle sales tax.
4-10 SECTION 4. Section 503.002, Transportation Code, is amended
4-11 to read as follows:
4-12 Sec. 503.002. RULES. The board [commission] may adopt rules
4-13 for the administration of this chapter.
4-14 SECTION 5. Section 503.003, Transportation Code, is amended
4-15 to read as follows:
4-16 Sec. 503.003. DISPLAY OR SALE OF NONMOTORIZED VEHICLE OR
4-17 TRAILER. This chapter does not prohibit the display or sale of a
4-18 nonmotorized vehicle or trailer at a regularly scheduled vehicle or
4-19 boat show involving [with] multiple dealers [vendors] conducted in
4-20 accordance with board [commission] rules.
4-21 SECTION 6. Section 503.006, Transportation Code, is amended
4-22 to read as follows:
4-23 Sec. 503.006. NOTICE OF CHANGE OF ADDRESS. A dealer or
4-24 manufacturer who has been issued dealer's, converter's, or
4-25 manufacturer's license plates shall notify the department of a
4-26 change to the dealer's, converter's, or manufacturer's address not
5-1 later than the 10th day after the date the change occurs.
5-2 SECTION 7. Section 503.027(b), Transportation Code, is
5-3 amended to read as follows:
5-4 (b) If a person is not otherwise prohibited from doing
5-5 business as a dealer at more than one location in the territory of
5-6 a municipality, a person may buy, sell, or exchange a vehicle of
5-7 the type for which the person holds a dealer general distinguishing
5-8 number from more than one location in the territory of the
5-9 municipality without obtaining an additional dealer general
5-10 distinguishing number. Each location must comply with the
5-11 requirements prescribed by this chapter and board [commission]
5-12 rules relating to an established and permanent place of business.
5-13 SECTION 8. Section 503.034(c), Transportation Code, is
5-14 amended to read as follows:
5-15 (c) A dealer's general distinguishing number expires on
5-16 March 31 of each year, unless provided otherwise by law or rule of
5-17 the board [department's Motor Vehicle Board].
5-18 SECTION 9. Section 503.066, Transportation Code, is amended
5-19 by repealing Subsection (d) and by redesignating Subsection (e) as
5-20 Subsection (d).
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
6-1 a vote of two-thirds of all the members elected to each house, as
6-2 provided by Section 39, Article III, Texas Constitution. If this
6-3 Act does not receive the vote necessary for immediate effect, this
6-4 Act takes effect September 1, 2001.