80R10731 HLT-F
 
  By: Harless H.B. No. 2652
 
A BILL TO BE ENTITLED
AN ACT
relating to application of certain law relating to the regulation
of certain motor vehicle manufacturers, converters, distributors,
and dealers and enforcement of motor vehicle warranties.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Sections 2301.002(23) and (32), Occupations
Code, are amended to read as follows:
             (23)  "Motor vehicle" means:
                   (A)  a fully self-propelled vehicle having two or
more wheels that has as its primary purpose the transport of a
person or persons, or property, on a public highway;
                   (B)  a fully self-propelled vehicle having two or
more wheels that:
                         (i)  has as its primary purpose the
transport of a person or persons or property;
                         (ii)  is not manufactured for use on public
streets, roads, or highways; and
                         (iii)  is eligible for issuance of [has been
issued] a certificate of title;
                   (C)  an engine, transmission, or rear axle,
regardless of whether attached to a vehicle chassis, manufactured
for installation in a vehicle that has:
                         (i)  the transport of a person or persons, or
property, on a public highway as its primary purpose; and
                         (ii)  a gross vehicle weight rating of more
than 16,000 pounds; or
                   (D)  a towable recreational vehicle.
             (32)  "Towable recreational vehicle" means a
nonmotorized camper trailer [vehicle] that:
                   (A)  is less than eight feet wide or 40 feet long,
not including any hitch installed on the vehicle;
                   (B)  is [was originally] designed [and
manufactured] primarily for use as [to provide] temporary living
quarters [human habitation] in connection [conjunction] with
recreational, camping, or seasonal use and not as a permanent
dwelling;
                   [(B)  is titled and registered with the department
as a travel trailer through a county tax assessor-collector;]
                   (C)  is not a utility trailer, enclosed trailer,
or other trailer that does not have human habitation as its primary
purpose [permanently built on a single chassis;
                   [(D)contains at least one life support system];
and
                   (D) [(E)]  is designed to be towable by a motor
vehicle.
       SECTION 2.  Section 2301.601(2), Occupations Code, is
amended to read as follows:
             (2)  "Owner" means a person who:
                   (A)  purchased a motor vehicle at retail from a
license holder [and is entitled to enforce a manufacturer's
warranty with respect to the vehicle];
                   (B)  is a lessor or lessee, other than a
sublessee, who purchased or leased the vehicle from a license
holder; [or]
                   (C)  purchased at retail or leased a motor vehicle
and has the motor vehicle registered in [is the transferee or
assignee of a person described by Paragraph (A) or (B), a resident
of] this state;
                   (D)  is an active duty member of the United States
armed forces who is stationed in this state or was stationed in this
state at the time of the commencement of a proceeding under this
subchapter who purchased at retail or leased a motor vehicle; or
                   (E)  is the transferee or assignee of a person
described by this subdivision and a resident of this state [, and
entitled to enforce the manufacturer's warranty].
       SECTION 3.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.