By Marchant                                           H.B. No. 2930
         77R6733 DWS-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to use of electronic documents in connection with vehicle
 1-3     titles.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 501.002(9), Transportation Code, is
 1-6     amended to read as follows:
 1-7                 (9)  "Lien" means:
 1-8                       (A)  a lien provided for by the constitution or
 1-9     statute in a motor vehicle; [or]
1-10                       (B)  a security interest, as defined by Section
1-11     1.201, Business & Commerce Code, in a motor vehicle, other than an
1-12     absolute title, created by any written security agreement, as
1-13     defined by Section 9.102, Business & Commerce Code, including a
1-14     lease, conditional sales contract, deed of trust, chattel mortgage,
1-15     trust receipt, or reservation of title; or
1-16                       (C)  an electronic lien provided for by this
1-17     chapter.
1-18           SECTION 2. Section 501.021, Transportation Code, is amended
1-19     to read as follows:
1-20           Sec. 501.021.  CERTIFICATE OF TITLE. (a)  A motor vehicle
1-21     certificate of title is an electronic or paper instrument issued by
1-22     the department that includes:
1-23                 (1)  the name and address of the purchaser and seller
1-24     at the first sale or the transferee and transferor at a subsequent
 2-1     sale;
 2-2                 (2)  the make of the motor vehicle;
 2-3                 (3)  the body type of the vehicle;
 2-4                 (4)  the manufacturer's permanent vehicle
 2-5     identification number of the vehicle or the vehicle's motor number
 2-6     if the vehicle was manufactured before the date that stamping a
 2-7     permanent identification number on a motor vehicle was universally
 2-8     adopted;
 2-9                 (5)  the serial number for the vehicle;
2-10                 (6)  the number on the vehicle's current Texas license
2-11     plates, if any;
2-12                 (7)  a statement:
2-13                       (A)  that no lien on the vehicle is recorded; or
2-14                       (B)  of the name and address of each lienholder
2-15     and the date of each lien on the vehicle, listed in the
2-16     chronological order in which the lien was recorded;
2-17                 (8)  a space for, or method for implementing
2-18     electronically, the signature of the owner of the vehicle;
2-19                 (9)  a statement indicating rights of survivorship
2-20     under Section 501.031;
2-21                 (10)  if the vehicle has an odometer, the odometer
2-22     reading indicated by the application for the certificate of title;
2-23     and
2-24                 (11)  any other information required by the department.
2-25           (b)  A paper certificate of title must bear the following
2-26     statement on its face:
2-27           "UNLESS OTHERWISE AUTHORIZED BY LAW, IT IS A VIOLATION OF
 3-1     STATE LAW TO SIGN THE NAME OF ANOTHER PERSON ON A CERTIFICATE OF
 3-2     TITLE OR OTHERWISE GIVE FALSE INFORMATION ON A CERTIFICATE OF
 3-3     TITLE."
 3-4           SECTION 3. Subchapter B, Chapter 501, Transportation Code, is
 3-5     amended by adding Section 501.0211 to read as follows:
 3-6           Sec. 501.0211.  AGREEMENT FOR ELECTRONIC DOCUMENT INSTEAD OF
 3-7     WRITTEN DOCUMENT. (a)  If this subtitle requires the department to
 3-8     deliver a written certificate or other document to an owner,
 3-9     registrant, licensee, lienholder, or other person, the department
3-10     and the person may agree that the department may provide the
3-11     document by electronic means. The department is not required to
3-12     produce a paper document for a document subject to the agreement
3-13     unless subsequently requested to do so by the other party to the
3-14     agreement.
3-15           (b)  The electronic document may include all the information
3-16     included on the corresponding paper document or may be an abstract
3-17     or listing of the information held in electronic form by the
3-18     department.
3-19           (c)  The department may not require a person to accept an
3-20     electronic certificate or other document.
3-21           SECTION 4. Section 501.023, Transportation Code, is amended
3-22     by amending Subsection (a)  and adding Subsection (d) to read as
3-23     follows:
3-24           (a)  Except as provided by Subsection (d), the [The] owner of
3-25     a motor vehicle must apply for a certificate of title:
3-26                 (1)  to the county assessor-collector in the county in
3-27     which:
 4-1                       (A)  the owner is domiciled; or
 4-2                       (B)  the motor vehicle is purchased or
 4-3     encumbered; and
 4-4                 (2)  on a form or in the electronic format prescribed
 4-5     by the department.
 4-6           (d)  An application for an electronic certificate of title
 4-7     must be submitted to the department.
 4-8           SECTION 5. Section 501.0234(a), Transportation Code, is
 4-9     amended to read as follows:
4-10           (a)  A person who sells at the first or a subsequent sale a
4-11     motor vehicle and who holds a general distinguishing number issued
4-12     under Chapter 503 or the Texas Motor Vehicle Commission Code
4-13     (Article 4413(36), Vernon's Texas Civil Statutes) shall:
4-14                 (1)  in the time and manner provided by law, apply, in
4-15     the name of the purchaser of the vehicle, for the registration of
4-16     the vehicle, if the vehicle is to be registered, and a certificate
4-17     of title for the vehicle and file with the appropriate designated
4-18     agent or, if applicable, the department, each document necessary to
4-19     transfer title to or register the vehicle; and at the same time
4-20                 (2)  remit any required motor vehicle sales tax.
4-21           SECTION 6. Section 501.024, Transportation Code, is amended
4-22     by adding Subsection (e) to read as follows:
4-23           (e)  Notwithstanding any other law, if the department
4-24     receives the application electronically, the department shall
4-25     provide an electronic original receipt to the applicant or the
4-26     first lienholder disclosed on the application, unless the applicant
4-27     or lienholder requests in writing the issuance of a paper original
 5-1     receipt. The department shall issue a duplicate original receipt as
 5-2     provided by Subsection (c)(2). The department may adopt rules for
 5-3     electronic titling procedures as necessary to achieve the purposes
 5-4     of this chapter.
 5-5           SECTION 7. Section 501.025, Transportation Code, is amended
 5-6     to read as follows:
 5-7           Sec. 501.025.  TITLE RECEIPT REQUIRED ON FIRST SALE;
 5-8     MANUFACTURER'S CERTIFICATE. (a)  A county assessor-collector may
 5-9     not issue a title receipt on the first sale of a motor vehicle
5-10     unless the applicant for the certificate of title provides to the
5-11     assessor-collector the application for a certificate of title and a
5-12     manufacturer's certificate, on a form prescribed by the department,
5-13     that:
5-14                 (1)  is assigned to the applicant by the manufacturer,
5-15     distributor, or dealer shown on the manufacturer's certificate as
5-16     the last transferee; and
5-17                 (2)  shows the transfer of the vehicle from its
5-18     manufacturer to the purchaser, whether a distributor, dealer, or
5-19     owner, and each subsequent transfer from distributor to dealer,
5-20     dealer to dealer, and dealer to applicant.
5-21           (b)  To expedite an electronic titling transaction, the
5-22     department may accept a copy of the manufacturer's certificate
5-23     electronically, including by facsimile transaction.
5-24           SECTION 8. Section 501.026, Transportation Code, is amended
5-25     by adding Subsection (c) to read as follows:
5-26           (c)  To expedite an electronic titling transaction, the
5-27     department may accept a copy of the importer's certificate and
 6-1     accompanying evidence electronically, including by facsimile
 6-2     transaction.
 6-3           SECTION 9. Section 501.027, Transportation Code, is amended
 6-4     by amending Subsection (b) and adding Subsection (c) to read as
 6-5     follows:
 6-6           (b)  Not later than the fifth day after the date the
 6-7     department receives an application for a certificate of title and
 6-8     the department determines the requirements of this chapter are met,
 6-9     the department shall issue the certificate of title, except as
6-10     provided by Subsection (c).  If a lien is not disclosed on the
6-11     application, the department shall mark the certificate "original"
6-12     and send it by first class mail to the applicant at the address
6-13     provided on the application.  If a lien is disclosed on the
6-14     application, the department shall:
6-15                 (1)  issue the certificate of title in duplicate;
6-16                 (2)  mark one certificate of title "original" and send
6-17     it by first class mail to the first lienholder as disclosed on the
6-18     application; and
6-19                 (3)  mark the second certificate of title "duplicate
6-20     original" and send it by first class mail to the applicant at the
6-21     address provided on the application.
6-22           (c)  Notwithstanding any other law, if the department
6-23     receives an application for title or for registration or release of
6-24     a lien electronically, the department shall provide an electronic
6-25     notice that represents an original certificate of title or evidence
6-26     that the lien has been registered or released. In an electronic
6-27     transaction a paper original certificate of title may not be issued
 7-1     unless requested by the lienholder.  The department shall issue a
 7-2     duplicate original certificate of title as provided by Subsection
 7-3     (b)(3).
 7-4           SECTION 10. Section 501.028, Transportation Code, is amended
 7-5     to read as follows:
 7-6           Sec. 501.028.  OWNER'S SIGNATURE. On receipt of a certificate
 7-7     of title, other than an electronically issued certificate of title,
 7-8     the owner of a motor vehicle shall write the owner's name in ink in
 7-9     the space provided on the certificate. For the purposes of this
7-10     chapter, an electronic signature has the same force and effect as a
7-11     signature in ink.
7-12           SECTION 11. Section 501.031, Transportation Code, is amended
7-13     to read as follows:
7-14           Sec. 501.031.  RIGHTS OF SURVIVORSHIP AGREEMENT. (a)  The
7-15     department shall include on each certificate of title a rights of
7-16     survivorship agreement form.  The form must:
7-17                 (1)  provide that if the agreement is entered into
7-18     [signed] by two or more eligible persons, the motor vehicle is held
7-19     jointly by those persons with the interest of a person who dies to
7-20     survive to the surviving person or persons; and
7-21                 (2)  provide blanks for the signatures of the persons
7-22     or other means of signifying agreement.
7-23           (b)  If the vehicle is registered in the name of one or more
7-24     of the persons who signed the agreement, the certificate of title
7-25     may contain a:
7-26                 (1)  rights of survivorship agreement signed by all the
7-27     persons; or
 8-1                 (2)  remark if a rights of survivorship agreement is
 8-2     surrendered with the application for certificate of title or
 8-3     otherwise on file with the department or if a rights of
 8-4     survivorship agreement has been made by other means.
 8-5           (c)  Except as provided in Subsections [Subsection] (g) and
 8-6     (h), ownership of the vehicle may be transferred only:
 8-7                 (1)  by all the persons acting jointly, if all the
 8-8     persons are alive; and
 8-9                 (2)  on the death of one of the persons by the
8-10     surviving person or persons by transferring the certificate of
8-11     title, in the manner otherwise required by law for transfer of
8-12     ownership of the vehicle, with a copy of the death certificate of
8-13     the deceased person attached to the certificate of title
8-14     application.
8-15           (d)  A rights of survivorship agreement under this section
8-16     may be revoked only by surrender of the certificate of title to the
8-17     department and joint application by the persons who signed the
8-18     agreement for a new title in the name of the person or persons
8-19     designated in the application.
8-20           (e)  A person is eligible to sign a rights of survivorship
8-21     agreement under this section if the person:
8-22                 (1)  is married and the spouse of the signing person is
8-23     the only other party to the agreement;
8-24                 (2)  is unmarried and attests to that unmarried status
8-25     by affidavit; or
8-26                 (3)  is married and provides the department with an
8-27     affidavit from the signing person's spouse that attests that the
 9-1     signing person's interest in the vehicle is the signing person's
 9-2     separate property.
 9-3           (f)  If the title is being issued in connection with the sale
 9-4     of the vehicle, the seller is not eligible to sign or otherwise
 9-5     enter into a rights of survivorship agreement under this section
 9-6     unless the seller is the child, grandchild, parent, grandparent,
 9-7     brother, or sister of each other person signing the agreement.  A
 9-8     family relationship required by this subsection may be a
 9-9     relationship established by adoption.
9-10           (g)  If an agreement, other than the agreement provided for
9-11     in Subsection (a), providing for right of survivorship is signed or
9-12     otherwise entered into by two or more persons, the department shall
9-13     issue a new certificate of title to the surviving person or persons
9-14     upon application accompanied by a copy of the death certificate of
9-15     the deceased person.  The department may develop for public use
9-16     under this subsection an optional rights of survivorship agreement
9-17     form.
9-18           (h)  The department may adopt rules it considers necessary to
9-19     effectively provide an electronic method for a rights of
9-20     survivorship agreement.
9-21           SECTION 12. Section 501.071(b), Transportation Code, is
9-22     amended to read as follows:
9-23           (b)  The transfer of the certificate of title must be on a
9-24     form or, if the transfer is electronic, in a format prescribed by
9-25     the department that includes a statement that:
9-26                 (1)  the transferor [signer] is the owner of the
9-27     vehicle; and
 10-1                (2)  there are no liens on the vehicle except as shown
 10-2    on the certificate of title or as fully described in the statement.
 10-3          SECTION 13. Section 501.072(a), Transportation Code, is
 10-4    amended to read as follows:
 10-5          (a)  Except as provided by Subsection (c), the seller of a
 10-6    motor vehicle sold in this state shall provide to the buyer, on a
 10-7    form or, if done electronically, in a format prescribed by the
 10-8    department, a written disclosure of the vehicle's odometer reading
 10-9    at the time of the sale.  The form must include space for or other
10-10    means of providing the signature and printed name of both the
10-11    seller and buyer.
10-12          SECTION 14. Section 501.113(a), Transportation Code, is
10-13    amended to read as follows:
10-14          (a)  Recordation of a lien under this chapter is considered
10-15    to occur when:
10-16                (1)  the county assessor-collector:
10-17                      (A) [(1)]  is presented with an application for a
10-18    certificate of title that discloses the lien with tender of the
10-19    filing fee; or
10-20                      (B) [(2)]  accepts the application; or
10-21                (2)  the lien is recorded directly with the department
10-22    through electronic filing.
10-23          SECTION 15. Section 501.114, Transportation Code, is amended
10-24    by adding Subsection (f) to read as follows:
10-25          (f)  A lienholder may assign a lien using the electronic lien
10-26    filing system and notifying the debtor of assignment. A
10-27    lienholder's failure to notify a debtor of an assignment does not
 11-1    create a cause of action against the lienholder.
 11-2          SECTION 16. Section 501.115, Transportation Code, is amended
 11-3    to read as follows:
 11-4          Sec. 501.115.  DISCHARGE OF LIEN. (a)  When a debt or claim
 11-5    secured by a lien has been satisfied, the lienholder shall, within
 11-6    a reasonable time not to exceed the maximum time allowed by Section
 11-7    348.408, Finance Code, execute and deliver to the owner, or the
 11-8    owner's designee, a discharge of the lien on a form prescribed by
 11-9    the department or electronically.
11-10          (b)  The owner may present the discharge and certificate of
11-11    title to the county assessor-collector with an application for a
11-12    new certificate of title and the department shall issue a new
11-13    certificate of title or the owner may request the lienholder to
11-14    submit an electronic application for a new certificate of title at
11-15    the time of discharge of the lien. The lienholder may provide the
11-16    owner with a copy of the electronic acknowledgment from the
11-17    department that a lien has been released or other appropriate
11-18    document that provides proof that the lien has been discharged.
11-19          SECTION 17. Section 501.131, Transportation Code, is amended
11-20    by adding Subsection (c) to read as follows:
11-21          (c)  The department shall also prescribe the forms in
11-22    electronic format for use in connection with an electronic
11-23    certificate of title.
11-24          SECTION 18. Section 501.138(a), Transportation Code, is
11-25    amended to read as follows:
11-26          (a)  An applicant for a certificate of title, other than the
11-27    state or a political subdivision of the state or an applicant
 12-1    submitting the application electronically, must pay the county
 12-2    assessor-collector a fee of $13.
 12-3          SECTION 19. This Act takes effect September 1, 2001.