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A BILL TO BE ENTITLED
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AN ACT
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relating to issuance of a buyer's identification card for purchase |
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of nonrepairable and salvage motor vehicles. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 501.091(11), Transportation Code, is |
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amended to read as follows: |
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(11) "Out-of-state buyer" means a person licensed in |
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an automotive business by another state or jurisdiction if the |
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department has listed the holders of such a license as permitted |
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purchasers of salvage motor vehicles or nonrepairable motor |
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vehicles based on [substantially similar licensing requirements
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and on] whether salvage vehicle dealers licensed in Texas are |
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permitted to purchase salvage motor vehicles or nonrepairable motor |
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vehicles in the other state or jurisdiction. |
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SECTION 2. Section 501.092(d), Transportation Code, is |
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amended to read as follows: |
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(d) An insurance company may sell a motor vehicle to which |
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this section applies, or assign a salvage vehicle title or a |
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nonrepairable vehicle title for the motor vehicle, only to a person |
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who holds a buyer's identification card issued under Section |
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2302.1071, Occupations Code, and who is a salvage vehicle dealer, |
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an out-of-state buyer, a buyer in a casual sale at auction, or a |
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metal recycler. If the motor vehicle is not a salvage motor vehicle |
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or a nonrepairable motor vehicle, the insurance company is not |
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required to surrender the regular certificate of title for the |
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vehicle or to be issued a salvage vehicle title or a nonrepairable |
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vehicle title for the motor vehicle. |
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SECTION 3. Section 501.095(a), Transportation Code, is |
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amended to read as follows: |
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(a) If the department has not issued a nonrepairable vehicle |
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title or salvage vehicle title for the motor vehicle and an |
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out-of-state ownership document for the motor vehicle has not been |
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issued by another state or jurisdiction, a business or governmental |
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entity described by Subdivisions (1)-(3) may sell, transfer, or |
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release a nonrepairable motor vehicle or salvage motor vehicle only |
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to a person who is: |
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(1) a licensed salvage vehicle dealer or metal |
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recycler under Chapter 2302, Occupations Code, who holds a buyer's |
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identification card issued under Section 2302.1071, Occupations |
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Code; |
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(2) an insurance company that has paid a claim on the |
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nonrepairable or salvage motor vehicle; |
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(3) a governmental entity; or |
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(4) an out-of-state buyer who holds a buyer's |
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identification card issued under Section 2302.1071, Occupations |
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Code. |
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SECTION 4. Subchapter C, Chapter 2302, Occupations Code, is |
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amended by adding Section 2302.1071 to read as follows: |
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Sec. 2302.1071. BUYER'S IDENTIFICATION CARD. (a) A |
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salvage vehicle dealer, metal recycler, buyer at a casual sale, or |
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out-of-state buyer may not purchase a salvage motor vehicle or a |
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nonrepairable motor vehicle in this state unless the person holds a |
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buyer's identification card issued by the department that |
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authorizes the purchase of the vehicle. |
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(b) To obtain a buyer's identification card, the person must |
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apply to the department. |
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(c) If the applicant is a salvage vehicle dealer, metal |
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recycler, or buyer at a casual sale, the application must be |
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accompanied by a nonrefundable application fee of $25. |
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(d) If the applicant is an out-of-state buyer and is a |
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resident of the United States, the application must be accompanied |
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by: |
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(1) a copy, photocopy, or other accurate reproduction |
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of a valid driver's license issued to the person by the appropriate |
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licensing authority of the state in which the person resides; |
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(2) a copy, photocopy, or other accurate reproduction |
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of a valid automotive business license issued to the person by the |
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appropriate licensing authority of the state in which the person |
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resides; and |
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(3) a nonrefundable application fee of $200. |
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(e) If the applicant is an out-of-state buyer and is not a |
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resident of the United States, the application must be accompanied |
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by a nonrefundable application fee of $500 and: |
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(1) a copy, photocopy, or other accurate reproduction |
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of a valid identification card, certificate, or equivalent document |
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issued to the person by the appropriate licensing authority of the |
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country or jurisdiction in which the person resides that bears a |
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photograph of the applicant and is capable of being verified using |
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identification standards adopted by the United States; or |
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(2) a copy, photocopy, or other accurate reproduction |
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of an identification card, certificate, or equivalent document, |
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that bears a photograph of the applicant and is capable of being |
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verified using identification standards adopted by the |
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international community. |
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(f) An identification card issued under this section |
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expires on the first anniversary of its date of issuance and may be |
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renewed annually on or before its expiration date on payment of the |
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appropriate fee under Subsection (c), (d), or (e). |
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SECTION 5. This Act takes effect September 1, 2007. |