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A BILL TO BE ENTITLED
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AN ACT
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relating to motor vehicle airbags; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 501.021(a), Transportation Code, is |
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amended to read as follows: |
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(a) A motor vehicle certificate of title is an instrument |
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issued by the department that includes: |
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(1) the name and address of the purchaser and seller at |
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the first sale or the transferee and transferor at a subsequent |
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sale; |
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(2) the make of the motor vehicle; |
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(3) the body type of the vehicle; |
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(4) the manufacturer's permanent vehicle |
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identification number of the vehicle or the vehicle's motor number |
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if the vehicle was manufactured before the date that stamping a |
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permanent identification number on a motor vehicle was universally |
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adopted; |
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(5) the serial number for the vehicle; |
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(6) the number on the vehicle's current Texas license |
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plates, if any; |
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(7) a statement: |
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(A) that no lien on the vehicle is recorded; or |
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(B) of the name and address of each lienholder |
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and the date of each lien on the vehicle, listed in the |
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chronological order in which the lien was recorded; |
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(8) a space for the signature of the owner of the |
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vehicle; |
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(9) a statement indicating rights of survivorship |
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under Section 501.031; |
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(9-a) the airbag deployment history checkboxes required |
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by Section 501.0721; |
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(10) if the vehicle has an odometer, the odometer |
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reading indicated by the application for the certificate of title; |
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and |
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(11) any other information required by the department. |
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SECTION 2. Subchapter D, Chapter 501, Transportation Code, |
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is amended by adding Section 501.0721 to read as follows: |
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Sec. 501.0721. AIRBAG DEPLOYMENT HISTORY. (a) The seller of |
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a motor vehicle sold in this state shall disclose on the vehicle's |
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certificate of title, by marking each applicable box on the |
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certificate: |
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(1) whether one or more airbags on the vehicle |
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deployed while the seller owned the vehicle; and |
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(2) if one or more airbags on the vehicle deployed |
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while the seller owned the vehicle, whether each deployed airbag |
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was replaced in accordance with all applicable federal safety |
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regulations for an airbag installed in a vehicle of that make, |
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model, and year. |
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(b) The department shall include on each certificate of |
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title boxes that a seller may mark to make each of the disclosures |
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required by Subsection (a). |
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SECTION 3. Section 547.614, Transportation Code, is amended |
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by adding Subsections (a-1), (c), and (d) and amending Subsection |
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(b) to read as follows: |
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(a-1) A person who sells a motor vehicle in this state commits |
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an offense if the person, with knowledge that the vehicle is not |
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equipped with one or more airbags that meet all applicable federal |
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safety regulations of an airbag installed in a vehicle of that make, |
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model, and year, and with intent to defraud the buyer, does not |
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disclose to the buyer the absence of that equipment. |
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(b) Except as provided by Subsections (c) and (d), an [An] |
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offense under this section is a Class A misdemeanor. |
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(c) An offense under this section is a felony of the third |
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degree if it is shown on the trial of the offense that the defendant |
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has been previously convicted of an offense under this section. |
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(d) An offense under this section is a felony of the second |
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degree if it is shown on the trial of the offense that as a result of |
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the offense an individual suffered bodily injury. |
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SECTION 4. Section 2301.651, Occupations Code, is amended |
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by adding Subsection (e) to read as follows: |
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(e) The board shall suspend for five years the license of a |
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license holder who is convicted of: |
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(1) a third or subsequent offense under Section |
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547.614, Transportation Code, occurring within a five-year period; |
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or |
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(2) an offense under Section 547.614, Transportation |
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Code, that resulted in bodily injury to an individual. |
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SECTION 5. (a) The change in law made by this Act applies |
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only to an offense committed on or after the effective date of this |
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Act. For the purposes of this section, an offense is committed |
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before the effective date of this Act if any element of the offense |
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occurs before that date. |
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(b) An offense committed before the effective date of this |
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Act is governed by the law in effect when the offense was committed, |
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and the former law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2007. |