1-1 By: Alexander (Senate Sponsor - Brown) H.B. No. 1664
1-2 (In the Senate - Received from the House April 2, 2001;
1-3 April 3, 2001, read first time and referred to Committee on State
1-4 Affairs; April 20, 2001, reported favorably, as amended, by the
1-5 following vote: Yeas 9, Nays 0; April 20, 2001, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Armbrister
1-7 H.B. 1664, as engrossed, is amended by deleting all language
1-8 beginning with the word "amended" on page 2, line 63, and ending
1-9 with and including the period on page 2, line 66, and by inserting
1-10 the following after the word "is" on page 2, line 62: "repealed."
1-11 A BILL TO BE ENTITLED
1-12 AN ACT
1-13 relating to certain regulations of the sale and operation of
1-14 certain vehicles.
1-15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-16 SECTION 1. Section 501.0234(b), Transportation Code, is
1-17 amended to read as follows:
1-18 (b) This section does not apply to a vehicle:
1-19 (1) that has been declared a total loss by an
1-20 insurance company in the settlement or adjustment of a claim; [or]
1-21 (2) for which the certificate of title has been
1-22 surrendered in exchange for:
1-23 (A) a salvage certificate of title issued under
1-24 this chapter;
1-25 (B) a nonrepairable motor vehicle certificate of
1-26 title issued under this chapter;
1-27 (C) a certificate of authority issued under
1-28 Subchapter D, Chapter 683; or
1-29 (D) an ownership document issued by another
1-30 state that is comparable to a document described by Paragraphs
1-31 (A)-(C); or
1-32 (3) with a gross weight in excess of 11,000 pounds.
1-33 SECTION 2. Section 501.074, Transportation Code, is amended
1-34 by adding Subsection (d) to read as follows:
1-35 (d) Notwithstanding the terms of Section 501.005, in the
1-36 event of a conflict between this section and other law, this
1-37 section controls.
1-38 SECTION 3. Section 503.001, Transportation Code, is amended
1-39 to read as follows:
1-40 Sec. 503.001. DEFINITIONS. In this chapter:
1-41 (1) "Board" has the meaning assigned by the Texas
1-42 Motor Vehicle Commission Code (Article 4413(36), Vernon's Texas
1-43 Civil Statutes).
1-44 (2) "Commission" means the Texas Transportation
1-45 Commission.
1-46 (3) "Converter" has the meaning assigned by the Texas
1-47 Motor Vehicle Commission Code (Article 4413(36), Vernon's Texas
1-48 Civil Statutes).
1-49 (4) [(2)] "Dealer" means a person who regularly and
1-50 actively buys, sells, or exchanges vehicles at an established and
1-51 permanent location. The term includes a franchised motor vehicle
1-52 dealer, an independent motor vehicle dealer, and a wholesale motor
1-53 vehicle dealer.
1-54 (5) [(3)] "Department" means the Texas Department of
1-55 Transportation.
1-56 (6) [(4)] "Drive-a-way operator" means a person who
1-57 transports and delivers a vehicle in this state from the
1-58 manufacturer or another point of origin to a location in this state
1-59 using the vehicle's own power or using the full-mount method, the
1-60 saddle-mount method, the tow-bar method, or a combination of those
1-61 methods.
1-62 (7) [(5)] "Franchise" has the meaning assigned by the
1-63 Texas Motor Vehicle Commission Code (Article 4413(36), Vernon's
2-1 Texas Civil Statutes).
2-2 (8) [(6)] "Franchised motor vehicle dealer" means a
2-3 person engaged in the business of buying, selling, or exchanging
2-4 new motor vehicles at an established and permanent place of
2-5 business under a franchise in effect with a motor vehicle
2-6 manufacturer or distributor.
2-7 (9) [(7)] "Independent motor vehicle dealer" means a
2-8 dealer other than a franchised motor vehicle dealer or a wholesale
2-9 motor vehicle dealer.
2-10 (10) [(8)] "Manufacturer" means a person who
2-11 manufactures, distributes, or assembles new vehicles.
2-12 (11) [(9)] "Motorcycle" has the meaning assigned by
2-13 Section 502.001.
2-14 (12) [(10)] "Motor vehicle" has the meaning assigned
2-15 by Section 502.001.
2-16 (13) [(11)] "Semitrailer" has the meaning assigned by
2-17 Section 502.001.
2-18 (14) [(12)] "Trailer" has the meaning assigned by
2-19 Section 502.001.
2-20 (15) [(13)] "Vehicle" means a motor vehicle,
2-21 motorcycle, house trailer, trailer, or semitrailer.
2-22 (16) [(14)] "Wholesale motor vehicle auction" means
2-23 the offering of a motor vehicle for sale to the highest bidder
2-24 during a transaction that is one of a series of regular periodic
2-25 transactions that occur at a permanent location.
2-26 (17) [(15)] "Wholesale motor vehicle dealer" means a
2-27 dealer who sells motor vehicles only to a person who is:
2-28 (A) the holder of a dealer's general
2-29 distinguishing number; or
2-30 (B) a foreign dealer authorized by a law of this
2-31 state or interstate reciprocity agreement to purchase a vehicle in
2-32 this state without remitting the motor vehicle sales tax.
2-33 SECTION 4. Section 503.002, Transportation Code, is amended
2-34 to read as follows:
2-35 Sec. 503.002. RULES. The board [commission] may adopt rules
2-36 for the administration of this chapter.
2-37 SECTION 5. Section 503.003, Transportation Code, is amended
2-38 to read as follows:
2-39 Sec. 503.003. DISPLAY OR SALE OF NONMOTORIZED VEHICLE OR
2-40 TRAILER. This chapter does not prohibit the display or sale of a
2-41 nonmotorized vehicle or trailer at a regularly scheduled vehicle or
2-42 boat show involving [with] multiple dealers [vendors] conducted in
2-43 accordance with board [commission] rules.
2-44 SECTION 6. Section 503.006, Transportation Code, is amended
2-45 to read as follows:
2-46 Sec. 503.006. NOTICE OF CHANGE OF ADDRESS. A dealer or
2-47 manufacturer who has been issued dealer's, converter's, or
2-48 manufacturer's license plates shall notify the department of a
2-49 change to the dealer's, converter's, or manufacturer's address not
2-50 later than the 10th day after the date the change occurs.
2-51 SECTION 7. Section 503.027(b), Transportation Code, is
2-52 amended to read as follows:
2-53 (b) If a person is not otherwise prohibited from doing
2-54 business as a dealer at more than one location in the territory of
2-55 a municipality, a person may buy, sell, or exchange a vehicle of
2-56 the type for which the person holds a dealer general distinguishing
2-57 number from more than one location in the territory of the
2-58 municipality without obtaining an additional dealer general
2-59 distinguishing number. Each location must comply with the
2-60 requirements prescribed by this chapter and board [commission]
2-61 rules relating to an established and permanent place of business.
2-62 SECTION 8. Section 503.034(c), Transportation Code, is
2-63 amended to read as follows:
2-64 (c) A dealer's general distinguishing number expires on
2-65 March 31 of each year, unless provided otherwise by law or rule of
2-66 the board [department's Motor Vehicle Board].
2-67 SECTION 9. Sections 503.066(d) and (e), Transportation Code,
2-68 are amended to read as follows:
2-69 (d) [License plates shall be mailed to qualified applicants
3-1 during February and March.]
3-2 [(e)] A license plate issued under this section expires on
3-3 March 31 of the year after the year of issuance, unless provided
3-4 otherwise by law or rule of the department's Motor Vehicle Board.
3-5 SECTION 10. Section 503.069(a), Transportation Code, is
3-6 amended to read as follows:
3-7 (a) A license plate, other than an in-transit license plate,
3-8 or a temporary cardboard tag issued under this chapter shall be
3-9 displayed in accordance with board [commission] rules.
3-10 SECTION 11. This Act takes effect immediately if it receives
3-11 a vote of two-thirds of all the members elected to each house, as
3-12 provided by Section 39, Article III, Texas Constitution. If this
3-13 Act does not receive the vote necessary for immediate effect, this
3-14 Act takes effect September 1, 2001.
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