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AN ACT
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relating to the transfer of a used motor vehicle. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 520.023(a) and (c), Transportation |
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Code, are amended to read as follows: |
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(a) On receipt of a written notice of transfer from the |
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transferor of a motor vehicle, the department shall indicate the |
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transfer on the motor vehicle records maintained by the department. |
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As an alternative to a written notice of transfer, the department |
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shall establish procedures that permit the transferor of a motor |
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vehicle to electronically submit a notice of transfer to the |
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department through the department's Internet website. A notice of |
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transfer provided through the department's Internet website is not |
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required to bear the signature of the transferor or include the date |
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of signing. |
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(c) This subsection applies only if the department receives |
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notice under Subsection (a) before the 30th day after the date the |
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transferor delivered possession of the vehicle to the transferee. |
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After the date of the transfer of the vehicle shown on the records |
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of the department, the transferee of the vehicle shown on the |
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records is rebuttably presumed to be: |
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(1) the owner of the vehicle; and |
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(2) subject to civil and criminal liability arising |
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out of the use, operation, or abandonment of the vehicle, to the |
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extent that ownership of the vehicle subjects the owner of the |
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vehicle to criminal or civil liability under another provision of |
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law. |
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SECTION 2. Section 520.031, Transportation Code, is amended |
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by adding Subsection (d) to read as follows: |
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(d) Notwithstanding Subsection (a), if the transferee is a |
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member of the armed forces of the United States, a member of the |
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Texas National Guard or of the National Guard of another state |
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serving on active duty under an order of the president of the United |
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States, or a member of a reserve component of the armed forces of |
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the United States serving on active duty under an order of the |
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president of the United States, the documents described by |
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Subsection (a) must be filed with the county assessor-collector not |
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later than the 60th working day after the date of their receipt by |
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the transferee. |
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SECTION 3. Section 520.032, Transportation Code, is amended |
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by amending Subsection (b) and adding Subsections (b-1) and (d) to |
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read as follows: |
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(b) If the transferee does not file the application during |
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the period provided by Section 520.031, the transferee is liable |
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for a [$10] late fee to be paid to the county assessor-collector |
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when the application is filed. If the transferee holds a general |
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distinguishing number issued under Chapter 503 of this code or |
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Chapter 2301, Occupations Code, the amount of the late fee is $10. |
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If the transferee does not hold a general distinguishing number, |
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subject to Subsection (b-1) the amount of the late fee is $25. |
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(b-1) If the application is filed after the 31st working day |
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after the date the transferee received the documents under Section |
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520.022, the late fee imposed under Subsection (b) accrues an |
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additional penalty in the amount of $25 for each subsequent 30-day |
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period, or portion of a 30-day period, in which the application is |
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not filed. |
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(d) Subsections (b) and (b-1) do not apply if the motor |
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vehicle is eligible to be issued: |
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(1) classic vehicle license plates under Section |
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504.501; or |
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(2) antique vehicle license plates under Section |
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504.502. |
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SECTION 4. Section 520.033, Transportation Code, is amended |
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by amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) The county assessor-collector may retain as commission |
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for services provided under this subchapter half of each transfer |
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fee collected, [and] half of each late fee, and half of each |
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additional penalty collected under Section 520.032. |
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(c) Of each late fee collected from a person who does not |
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hold a general distinguishing number that the department receives |
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under Subsection (b), $10 may be used only to fund a statewide |
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public awareness campaign designed to inform and educate the public |
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about the provisions of this chapter. |
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SECTION 5. The change in law made by this Act applies only |
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to the transfer of a used motor vehicle that occurs on or after the |
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effective date of this Act. The transfer of a used motor vehicle |
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that occurs before the effective date of this Act is governed by the |
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law in effect at the time of the transfer, and the former law is |
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continued in effect for that purpose. |
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SECTION 6. This Act takes effect January 1, 2008. |
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____________________________________________________________ |
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President of the SenateSpeaker of the House |
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I certify that H.B. No. 481 was passed by the House on March |
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21, 2007, by the following vote: Yeas 143, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 481 was passed by the Senate on May 1, |
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2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |