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By:  Chisum (Senate Sponsor - Lucio)                              H.B. No. 988
	(In the Senate - Received from the House May 11, 2005; 
May 13, 2005, read first time and referred to Committee on 
Transportation and Homeland Security; May 23, 2005, reported 
adversely, with favorable Committee Substitute by the following 
vote:  Yeas 6, Nays 0; May 23, 2005, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 988                                    By:  Barrientos


A BILL TO BE ENTITLED

AN ACT


relating to the county in which a seller of a motor vehicle may file 
an application for registration and certificate of title.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 501.0234, Transportation Code, is 
amended by adding Subsections (d), (e) and (f) to read as follows:
	(d)  A seller who applies for the registration or a 
certificate of title for a motor vehicle under Subsection (a)(1) 
may, at the seller's option, apply in any of the counties set forth 
in that subsection.
	(e)  If the seller applies for registration or certificate of 
title in a county other than the county of residence of the 
purchaser, and if the purchaser so directs, the tax 
assessor-collector of the county in which the seller applies shall, 
not later than six months after the transaction, tender to the tax 
assessor-collector of the county of the purchaser's residence, all 
taxes, fees and other revenue that were collected as a result of 
that transaction which the tax assessor-collector is authorized by 
law to retain.
	(f)  The department shall promulgate a form by which the 
purchaser of a motor vehicle may designate the purchaser's county 
of residence as the recipient of all taxes, fees, and other revenue 
collected as a result of that transaction which the tax 
assessor-collector is authorized by law to retain.  A seller shall 
make that form available to the purchaser of a vehicle at the time 
of purchase, but unless that form is executed by the purchaser at 
the time of sale, all taxes, fees and other revenue that were 
collected as a result of the transaction which the tax 
assessor-collector is authorized by law to retain remain in the 
county in which the seller applies for title and registration.
	SECTION 2.  Section 501.0234, Transportation Code, is 
amended by amending Subsection (a) and by adding Subsection (d) to 
read as follows:
	(a)  A person who sells at the first or a subsequent sale a 
motor vehicle and who holds a general distinguishing number issued 
under Chapter 503 of this code or Chapter 2301, Occupations Code, 
shall:
		(1)  except as provided by this section, in the time and 
manner provided by law, apply, in the name of the purchaser of the 
vehicle, for the registration of the vehicle, if the vehicle is to 
be registered, and a certificate of title for the vehicle and file 
with the appropriate designated agent each document necessary to 
transfer title to or register the vehicle; and at the same time
		(2)  remit any required motor vehicle sales tax.                              
	(d)  A seller has a reasonable time to comply with the terms 
of Subsection (a)(1) and is in not in violation of that provision 
during the time the seller is making a good faith effort to comply.  
Notwithstanding compliance with this chapter, equitable title to a 
vehicle passes to the purchaser of the vehicle at the time the 
vehicle is the subject of a sale that is enforceable by either 
party.
	SECTION 3.  This Act takes effect September 1, 2005.                           



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