| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the transfer of a used motor vehicle. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 520.023(a) and (c), Transportation |
|
|
Code, are amended to read as follows: |
|
|
(a) On receipt of a written notice of transfer from the |
|
|
transferor of a motor vehicle, the department shall indicate the |
|
|
transfer on the motor vehicle records maintained by the department. |
|
|
As an alternative to a written notice of transfer, the department |
|
|
shall establish procedures that permit the transferor of a motor |
|
|
vehicle to electronically submit a notice of transfer to the |
|
|
department through the department's Internet website. A notice of |
|
|
transfer provided through the department's Internet website is not |
|
|
required to bear the signature of the transferor or include the date |
|
|
of signing. |
|
|
(c) This subsection applies only if the department receives |
|
|
notice under Subsection (a) before the 30th day after the date the |
|
|
transferor delivered possession of the vehicle to the transferee. |
|
|
After the date of the transfer of the vehicle shown on the records |
|
|
of the department, the transferee of the vehicle shown on the |
|
|
records is rebuttably presumed to be: |
|
|
(1) the owner of the vehicle; and |
|
|
(2) subject to civil and criminal liability arising |
|
|
out of the use, operation, or abandonment of the vehicle, to the |
|
|
extent that ownership of the vehicle subjects the owner of the |
|
|
vehicle to criminal or civil liability under another provision of |
|
|
law. |
|
|
SECTION 2. Section 520.032, Transportation Code, is amended |
|
|
by amending Subsection (b) and adding Subsection (b-1) to read as |
|
|
follows: |
|
|
(b) If the transferee does not file the application during |
|
|
the period provided by Section 520.031, the transferee is liable |
|
|
for a [$10] late fee to be paid to the county assessor-collector |
|
|
when the application is filed. Subject to Subsection (b-1) the |
|
|
amount of the late fee is: |
|
|
(1) $25, if the application is filed before the 31st |
|
|
working day after the date the transferee received the documents |
|
|
under Section 520.022; or |
|
|
(2) $100, if the application is filed on or after the |
|
|
31st working day after the date the transferee received the |
|
|
documents under that section but before the 61st working day after |
|
|
that date. |
|
|
(b-1) A late fee imposed under Subsection (b)(2) accrues an |
|
|
additional penalty in the amount of $25 for each subsequent 30-day |
|
|
period, or portion of a 30-day period, in which the application is |
|
|
not filed. |
|
|
SECTION 3. Section 520.033, Transportation Code, is amended |
|
|
by amending Subsection (a) and adding Subsection (c) to read as |
|
|
follows: |
|
|
(a) The county assessor-collector may retain as commission |
|
|
for services provided under this subchapter half of each transfer |
|
|
fee collected, [and] half of each late fee, and half of each |
|
|
additional penalty collected under Section 520.032. |
|
|
(c) Of each late fee the department receives under |
|
|
Subsection (b), $10 may be used only to fund a statewide public |
|
|
awareness campaign designed to inform and educate the public about |
|
|
the provisions of this chapter. |
|
|
SECTION 4. The change in law made by this Act applies only |
|
|
to the transfer of a used motor vehicle that occurs on or after the |
|
|
effective date of this Act. The transfer of a used motor vehicle |
|
|
that occurs before the effective date of this Act is governed by the |
|
|
law in effect at the time of the transfer, and the former law is |
|
|
continued in effect for that purpose. |
|
|
SECTION 5. This Act takes effect January 1, 2008. |