BILL ANALYSIS

 

 

 

C.S.S.B. 1507

By: Carona

Transportation

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

While motor vehicle statutes were codified in 1995, they have not been updated since 1917 when the Highway Department registered vehicles.  As a result, the statutes are outdated in regard to automation and organization.  The current statutes also do not allow for the full use of technology.

 

Currently, sections addressing motor vehicles are scattered throughout the Transportation Code.  For example, the law on titling a vehicle can be found in many different chapters and sections of the Transportation Code.  The bill streamlines the motor vehicle statutes by consolidating all the statutes so that there is now a chapter addressing titles, a chapter addressing license plates, a chapter addressing registration of vehicles, and a chapter addressing general administration.  The bill also allows for the use of technology by making more transactions available online. 

 

C.S.S.B. 1507 amends the Transportation Code to update and reorganize Chapters 501, 502, 504, and 520 relating to motor vehicles.  The bill transfers, renumbers, and amends various provisions in those chapters.  The bill repeals provisions that duplicate the bill's provisions.

RULEMAKING AUTHORITY

 

It is the committee's opinion that rulemaking authority is expressly granted to the Texas Department of Transportation in SECTIONS 29, 44, 68, 73, 79, 80, 81, 86, and 213 of this bill.

ANALYSIS

 

Chapter 501. Certificate of Title Act

 

C.S.S.B. 1507 amends the Transportation Code to authorize the Texas Department of Transportation by rule to implement an electronic titling system.  The bill establishes that a record of title maintained electronically by the department in the titling system is the official record of vehicle ownership unless the owner requests that the department issue a printed title.  The bill establishes that if the Certificate of Title Act requires a document to be an original, on paper or another tangible medium, or in writing, the requirement is met by an electronic document that complies with the bill's provisions.  The bill establishes that if a law requires a document to be signed, the requirement is satisfied by an electronic signature.  The bill establishes that a requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that action, and all other information required to be included, is attached to or logically associated with the document or signature.  The bill provides that a physical or electronic image of a stamp, impression, or seal is not required to accompany an electronic signature.  The bill authorizes the department to receive, index, store, archive, and transmit electronic documents; provide for access to, and for search and retrieval of, documents and information by electronic means; and convert into electronic form paper documents that it accepts for the titling of a motor vehicle and information recorded and documents that were accepted for the titling of a motor vehicle before the titling system was implemented.  The bill requires the department to continue to accept paper documents after the titling system is implemented. 

 

C.S.S.B. 1507 adds provisions that apply to vehicle registration as well as vehicle titling.  The bill authorizes the department to accept payment by electronic funds transfer, credit card, or debit card of any title or registration fee that the department is required or authorized to collect.  The bill authorizes the department to collect a fee for processing a title or registration payment by electronic funds transfer, credit card, or debit card, which must be reasonably related to the expense incurred by the department in processing the payment by electronic funds transfer, credit card, or debit card, and prohibits the fee from being more than five percent of the amount of the fee being paid.  The bill authorizes the department to collect from a person making payment by electronic funds transfer, credit card, or debit card an amount equal to the amount of any registration and titling transaction fee charged to the department by a vendor providing services in connection with payments made by electronic funds transfer, credit card, or debit card, and establishes that the five percent limitation prescribed above does not apply to such a fee.  The bill requires online electronic commerce to be processed in accordance with the Information Resources Management Act.  The bill authorizes the department, if for any reason the payment of a fee under the act by electronic funds transfer, credit card, or debit card is not honored by the funding institution, or by the electronic funds transfer, credit card, or debit card company on which the funds are drawn, to collect from the person who owes the fee being collected a registration and titling service charge that is for the collection of that original amount and is in addition to the original fee.  The bill requires the amount of the service charge to be reasonably related to the expense incurred by the department in collecting the original amount.  The bill requires all fees collected under these provisions to be deposited to the credit of the state highway fund.  The bill establishes how these provisions relate to the federal Electronic Signatures in Global and National Commerce Act.    

 

C.S.S.B. 1507 adds a provision, effective September 1, 2009, adding a vehicle purchased by a fleet buyer who is a full-service deputy assessor-collector accepting applications for title transfers under the law and who utilizes the dealer title application process to provide a method of submitting title transactions to the county in which the fleet buyer is a full-service deputy to the vehicles to which the duties of a vehicle dealer on the sale of certain vehicles do not apply. 

 

C.S.S.B. 1507 authorizes the department to rescind, cancel, or revoke an application for a title if a notarized affidavit is presented to the department containing a statement that the vehicle involved was a new motor vehicle in the process of a first sale; a statement that the dealer, the applicant, and any lienholder have canceled the sale; a statement that the vehicle was never in the possession of the title applicant or was in the possession of the title applicant; and the signatures of the dealer, the applicant, and any lienholder.  The bill establishes that a rescission, cancellation, or revocation containing an authorized statement that the vehicle was in the possession of the title applicant does not negate the fact that the vehicle has been the subject of a previous retail sale.  The bill authorizes the department by rule to establish a fee to cover the cost of administering provisions authorizing the filing of a bond as an alternative to a hearing on the department's refusal to issue a certificate of title.

 

C.S.S.B. 1507 removes a provision requiring an odometer reading to accompany an application for a certificate of title.  The bill establishes that an odometer disclosure statement is not required for the sale of a motor vehicle that has a gross vehicle weight rating of more than 18,000 pounds, rather than a manufacturer's rated carrying capacity of more than two tons.  The bill removes a provision making it a misdemeanor offense to fail to deliver license receipt of registration and a properly assigned title to the transferee of a used motor vehicle.  The bill removes provisions relating to the sale of certain salvage motor vehicles or nonrepairable motor vehicles by an insurance company and adds provisions that apply only to a motor vehicle in Texas that is a self-insured motor vehicle and damaged to the extent it becomes a nonrepairable or salvage motor vehicle.  The bill requires the owner of such a vehicle to submit to the department before the 31st business day after the date of the damage, in a manner prescribed by the department, a statement that the motor vehicle was self-insured and damaged.  The bill requires the owner, upon submitting a statement, to surrender the ownership document and apply for a nonrepairable vehicle title, nonrepairable record of title, salvage vehicle title, or salvage record of title, sets forth provisions for the application of such a title or record of title, and requirements of the department's titling system relating to salvage or nonrepairable vehicles.  The bill requires the department to adopt rules to notify a salvage dealer that a vehicle in the dealer's possession has a record of title in the department's titling system if the vehicle was not issued a printed title.

 

C.S.S.B. 1507 establishes that on recording a lien under the Certificate of Title Act, the recorded lienholder and assignees will obtain priority over the rights of a lien creditor as defined by the Uniform Commercial Code—Secured Transactions Act for so long as the lien is recorded on the title.  The bill authorizes a lienholder to assign a recorded lien without making any filing or giving any notice under the act.  The bill establishes that the lien assigned remains valid and perfected and retains its priority, securing the obligation assigned to the assignee, against transferees from and creditors of the original debtor, including lien creditors.  The bill establishes that an assignee or assignor is authorized, but not required, in order to retain the validity, perfection, and priority of the lien assigned, as evidence of the assignment of a recorded lien, to apply to the department, rather than the county assessor-collector, for the assignee to be named as lienholder on the certificate of title.  The bill establishes that failure to make an application or to notify a debtor of an assignment does not create a cause of action against the recorded lienholder or the assignor or the assignee or affect the continuation of the perfected status of the assigned lien in favor of the assignee against transferees from and creditors of the original debtor, including lien creditors.  The bill authorizes the department, on receipt of the completed application and fee, to amend the department's records to substitute the assignee for the recorded lienholder and issue a new title.  The bill establishes that regardless of whether application is made for the assignee to be named as lienholder on the title, the time of the recordation of an assigned lien is considered to be the time the lien was initially recorded.  The bill establishes that the assignment of a lien does not affect the procedures applicable to the foreclosure of a worker's lien, the rights of the holder of a worker's lien, or the release of a holder's lien.  The bill establishes that notice given to the last known lienholder of record is adequate to allow foreclosure. The bill transfers various responsibilities relating to the recordation, or assignment, or discharge of a lien from a county assessor-collector to the department. The bill authorizes the department to cancel a discharged lien that has been recorded on a title for 10, rather than six, years or more under certain conditions.

 

C.S.S.B. 1507 defines, for purposes of the Certificate of Title Act, "casual sale," "certificate of title," "commercial fleet," "credit card," "damage," "dealer," "debit card," "distributor," "document," "electronic," "electronic document," "electronic signature," "first sale," "former military vehicle," "major component part," "manufacturer," "metal recycler," "motorcycle," "motor vehicle," "new motor vehicle," "nonrepairable motor vehicle," "nonrepairable vehicle title," "nonrepairable record of title," "out-of-state buyer," "out-of-state ownership document," "paper document," "purchaser," "rebuilder," "record of title," "salvage motor vehicle," "salvage vehicle title," "salvage record of title," "salvage vehicle dealer," "self-insured motor vehicle," "seller," "subsequent sale," "title receipt," "travel trailer," "used part," and "vehicle identification number."

 

Chapter 502.  Registration of Vehicles

 

C.S.S.B. 1507 requires the department to provide for consolidated registration of vehicles, rather than fleet vehicles, and authorizes a vehicle owner to designate an initial or a renewal registration period for a vehicle or trailer so that the registration period expires on the same date as the registration period for another vehicle or trailer previously registered by that owner. 

 

C.S.S.B. 1507 requires the department to develop and implement a system of registration to allow an owner of a commercial fleet to register the motor vehicles in the commercial fleet for an extended registration period of not less than one year or more than eight years.  The bill authorizes the owner to select the number of years for registration within that range and register the commercial fleet for that period.  The bill establishes that payment for the entire registration period selected is due at the time of registration.  The bill requires an owner registering a commercial fleet, in addition to other registration fees prescribed by law, to pay an annual commercial fleet registration fee of $10 per motor vehicle and a one-time license plate manufacturing fee of $1.50 for each issued motor vehicle license plate.  The bill authorizes a license plate issued under these provisions, at the registered owner's option, to include on the legend the name or logo of the business entity that owns the vehicle.  The bill requires the license plates to conform in all respects to the provisions of state law relating to vehicle registration, except as specified. The bill requires payment of all registration license taxes and fees for commercial fleets registered under these provisions to be paid in advance for the extended registration period selected.  The bill establishes that upon payment of all registration license taxes and fees, no annual validation window insignia is required for the entire period paid for in advance.  The bill provides that a registration card will be issued for the period elected only for vehicles that exceed 10,000 pounds in weight.  The bill provides that failure to comply with these provisions may result in suspension or termination from the commercial fleet program.  The bill requires the department and the counties in their budgeting processes to consider any temporary increases and resulting decreases in revenue that will result from the use of the process provided by these provisions. The bill requires the department to adopt rules to implement these provisions not later than September 1, 2010. The bill establishes that the above provisions take effect September 1, 2009.

 

C.S.S.B. 1507 requires an application for vehicle registration to be made in a manner prescribed and include the information required by department rule and removes provisions requiring an application to include certain information.  The bill authorizes the department by rule to allow payment of registration fees for a designated registration period not to exceed 84 months.  The bill requires the department by rule, rather than a county assessor-collector, to adopt a list of evidentiary items sufficient to establish good reason for delinquent registration of a vehicle, and removes a specific list of required evidentiary items to be included.  The bill specifies that information required on a registration receipt is established by department rule and removes provisions requiring the receipt to include certain information. 

 

C.S.S.B. 1507 establishes that fees for temporary registration are paid in the manner prescribed by the department and may include a service charge for a credit card payment or escrow account.  The bill authorizes the department to refuse to issue a temporary registration for any vehicle, and to instruct a county assessor-collector to refuse to issue such a registration if, in the department's opinion, the vehicle or the owner of the vehicle has been involved in operations that constitute an abuse of temporary registration.  The bill establishes that a registration issued after notice of the involvement is received is void.

 

C.S.S.B. 1507 provides that an all-terrain vehicle that operates in compliance with the law prohibiting such vehicles on public roadways does not require registration.  The bill makes provisions which establish that a golf cart does not require registration authorize a golf cart to be operated on a public highway without registration.  The bill establishes that an owner is not required to register the following vehicles, in addition to a power sweeper, for operation on a public highway:  motorized mobility devices, electric personal assistive mobility devices, and electric bicycles.  The bill removes language authorizing a nonresident to operate for compensation a vehicle, trailer, or semitrailer not registered in Texas if the person does not exceed two trips in a calendar month and each trip does not exceed four days, and removes language prohibiting a nonresident owner of a privately owned vehicle not registered in Texas from making more than five occasional trips in any calendar month.  The bill adds oil well servicing or drilling machinery to the vehicles that do not require registration if used only temporarily on Texas highways.   

 

C.S.S.B. 1507 authorizes a county assessor-collector to retain as commission for services provided half of each fee collected for the transfer of the registration of a used motor vehicle.  The bill makes the registration fee for a motorcycle apply to a moped.  The bill establishes that the fee for a registration year for a privately-owned former military vehicle or fire truck is $15.  The bill removes language making registration fees established in law for certain commercial motor vehicles relate to the net carrying capacity of the vehicle.  The bill makes the truck-tractor or commercial motor vehicle combination fee or semitrailer token fee and the additional fee for certain vehicles with a diesel motor apply to a vehicle with a gross vehicle weight of more than 18,000 pounds, rather than a specified manufacturer's rated carrying capacity. The bill requires collections of the financial responsibility fee imposed for registration of a motor vehicle to be remitted weekly to the department.  The bill removes certain restrictions and requirements relating to administration of the optional county fee for transportation projects and the optional county fee for child safety.  The bill adds a vehicle used by law enforcement under an alias for covert criminal investigations to the vehicles that are exempt from the payment of a registration fee.

 

C.S.S.B. 1507 removes a provision making the general penalty under provisions of state law relating to registration of vehicles inapplicable to specific offenses and establishes that the general penalty is applicable unless otherwise specified.  The bill makes it an offense to operate a vehicle with improper registration as well as to operate an unregistered vehicle.  The bill makes the offense of operating a vehicle for which a one-trip permit is required without the registration receipt and properly displayed temporary tag a misdemeanor under the general penalty provision rather than a Class C misdemeanor.  The bill makes provisions relating to the operation of a motor vehicle without a license plate or with a wrong, fictitious, altered, or obscured license plate apply to registration insignia and makes conforming changes.  The bill requires registration insignia to be removed on the sale or transfer of a motor vehicle and removes language making removal optional for a vehicle sold or transferred to a person that does not hold a general distinguishing number.       

 

C.S.S.B. 1507 defines, for purposes of this chapter, "apportioned license plate," "combination license plate," "combined gross weight," "commercial fleet," "commercial motor vehicle," "construction machinery," "credit card," "debit card," "electric bicycle," "electric personal assistive mobility device," "empty weight," "farm trailer" or "farm semitrailer," "farm tractor," "fire truck," "forestry vehicle," "former military vehicle," "gross vehicle weight," "implements of husbandry," "light truck," "motorcycle," "motorized mobility device," "net carrying capacity," "oil well servicing, cleanout, or drilling machinery," "passenger car," "power sweeper," "private bus," "privately-owned," "token trailer," "tow truck,"  and "travel trailer."

 

Chapter 504.  License Plates

 

C.S.S.B. 1507 adds general provisions relating to the design of license plates.  The bill specifies that the department has sole control over the design, typeface, color, and alphanumeric pattern for all license plates, rather than personalized license plates.  The bill requires the department to prepare the designs and specifications of license plates and devices selected by the Texas Transportation Commission to be used as a unique identifier.  The bill adds general provisions relating to the replacement of license plates.  The bill establishes that no fee is required for the replacement of specialized license plates issued to veterans with disabilities; members of the Texas National Guard, State Guard, or United States Armed Forces Reserves; Distinguished Flying Cross Medal recipients; former prisoners of war; Congressional Medal of Honor recipients; recipients of the Air Force Cross or Distinguished Service Cross, the Army Distinguished Service Cross, the Navy Cross, or the Medal of Honor; volunteer firefighters; or honorary consuls. 

 

C.S.S.B. 1507 adds general provisions relating to specialty license plates and the issuance of license plates.  The bill authorizes all personalized license plates issued before January 1, 2013, to continue to be renewed in accordance with the law at the time of initial issuance.  The bill makes provisions relating to license plates for vehicles used by persons with disabilities apply to a vehicle with a gross vehicle weight of 18,000 pounds or less, rather than a manufacturer's rated carrying capacity of two tons or less.  The bill removes the requirement that the department design license plates for the military in consultation with veterans organizations. 

 

C.S.S.B. 1507 clarifies that certain specialty license plates with restricted distribution are issued without charge for up to three sets of plates.  The bill adds provisions to govern other specialty license plates with restricted distribution and regular license plate fees. The bill includes motor buses in the provision requiring the department to issue without charge specialty license plates for municipal and private buses.  The bill specifies that the county in which the owner of a golf cart must reside for the law requiring the Texas Department of Transportation to issue specialty license plates for an eligible golf cart to be applicable is a county that borders another state and has a population of more than 110,000 but less than 140,000, rather than more than 110,000 but less than 111,000.  The bill removes language conditioning the manufacture of license plates for a particular professional sports team or college or university on a determination that a certain number of persons will apply for the plates, instead requiring $8,000 to be deposited with the department for each sports team, college, or university for which a specialty license plate is sought.  The bill requires money deposited with the department for the issuance of those plates to be returned after 800 sets of plates have been issued.

 

C.S.S.B. 1507 specifies that a contract between the department and a private vendor is for the exclusive marketing and sale of souvenir or personalized license plates authorized under law or for the marketing and sale of other authorized specialty license plates.  The bill establishes that personalized plates issued before September 1, 2009, may be renewed in accordance with the law at that time.  The bill specifies that the requirement to establish fees for plates that are marketed and sold by a private vendor is by commission order, rather than rule, and is for fees that are an alternative to other fees established by law and for standard fees.  The bill authorizes specialty license or specialty personalized plates to be sold for varying periods, including a permanent sale that may be made through auction.  The bill specifies that except as otherwise provided by law, a private vendor is not authorized to market and sell a specialty license plate with a design or color combination that is issued as a license plate designed for a nonprofit organization.  The bill authorizes the program, if the current vendor ceases operation, to be operated temporarily by the department until another vendor is selected and commences operation. The bill establishes that the above provisions take effect immediately or, if the bill does not receive the necessary vote for immediate effect, September 1, 2009.

 

C.S.S.B. 1507 requires each license plate to be removed on the sale or transfer of a motor vehicle and removes language making removal optional for a vehicle sold or transferred to a person that does not hold a general distinguishing number.  The bill requires a license plate removed from a motor vehicle to be transferred to another motor vehicle that is titled in the seller's name or transferred to a vehicle that is purchased by the seller.  The bill establishes that to be eligible for transfer, license plates must be appropriate for the class of vehicle to which the plates are being transferred.  The bill requires the owner, if the vehicle is a different classification, to pay the applicable title and vehicle registration fees, obtain a new registration insignia, and dispose of the license plates in the manner specified by the department or, if the applicant fails to remove and transfer the license plates, purchase replacement license plates.      

 

C.S.S.B. 1507 defines, for purposes of this chapter, "purchaser," "rental fleet," "rental trailer," "seller," and "state judge," "travel trailer." 

 

Chapter 520.  Miscellaneous Provisions

 

C.S.S.B. 1507 authorizes the department to adopt rules to administer this chapter. The bill establishes that the department has jurisdiction over the registration and titling of, and the issuance of license plates to, motor vehicles in compliance with applicable laws. The bill requires the department to provide services that are reasonable, adequate, and efficient, and to establish standards for service quality. The bill authorizes the department to enter into an agreement with a person involved in transaction processing, including a lienholder or an electronic verification service, only to facilitate the processing of electronic title benefits to benefit Texas and minimize inconveniences to the public.

 

C.S.S.B. 1507 requires the department and the Department of Public Safety, in consultation with the Texas Commission on Environmental Quality, to conduct a joint study on the feasibility of consolidation of the state's motor vehicle registration and compulsory inspection procedures in a manner that will allow completion of annual registration and compulsory inspection requirements as part of a single process.  The bill requires the study to address recommendations for consolidating shared records and information; the manner in which registration and inspection fees collected will be distributed; oversight regarding implementation of the consolidated procedures; transition from the current separate procedures to the consolidated procedures; and other related issues the departments consider appropriate.  The bill requires the departments to share the cost of the study in equal amounts.

 

C.S.S.B. 1507 requires the department and the Department of Public Safety, in consultation with the Texas Commission on Environmental Quality, to conduct a joint study on the merger or consolidation of similar information that is collected separately by each agency.  The bill requires the study to include the feasibility of establishing a database interface software system that sufficiently protects the privacy of the public; sufficiently protects the security and integrity of information provided; increases public convenience; is cost effective; and improves the coordination of regulatory resources.  The bill authorizes the implementing agencies to facilitate the implementation of the merger or consolidation, assist in the development of rules, and coordinate a testing phase.

 

C.S.S.B. 1507 specifies that the requirement for an application for a disabled parking placard to be accompanied by a fee of $5 is if the application is for a temporary placard.

 

C.S.S.B. 1507 makes numerous conforming and technical updates and changes to provisions relating to certificate of title, registration of vehicles, and license plates. The bill defines "title service record."

 

C.S.S.B. 1507 amends the Health and Safety Code to make a conforming change relating to the Texas emissions reduction plan surcharge.

 

Repealers

 

C.S.S.B. 1507 repeals the following sections in the Transportation Code:

 

·      Section 501.026

·      Section 501.075

·      Section 501.091(4)

·      Section 501.094

·      Section 501.099

·      Section 501.133

·      Sections 501.134(e) and (f)

·      Section 502.007

·      Section 502.0074

·      Section 502.0075

·      Section 502.008

·      Section 502.104

·      Section 502.105

·      Section 502.1535

·      Section 502.154

·      Section 502.1585

·      Section 502.168

·      Section 502.175

·      Section 502.177

·      Section 502.187

·      Section 502.206

·      Section 502.271

·      Section 502.2862

·      Section 502.2971

·      Section 502.403

·      Section 502.405

·      Section 502.407(c)

·      Section 502.412(c)

·      Section 502.452

·      Section 502.453

·      Section 502.455

·      Section 504.401(b)

·      Section 504.402(b)

·      Section 504.403(b)

·      Section 504.405(b)

·      Section 504.5011

·      Section 504.502(j)

·      Section 504.506(f)

·      Section 504.507(c)

·      Section 504.508(d)

·      Section 504.620

·      Section 504.624

·      Section 504.629

·      Section 504.634

·      Section 504.643

·      Section 504.649

·      Section 504.650

·      Section 504.653

·      Section 504.655

·      Section 504.701

·      Section 504.702(c)

·      Section 504.801(h)

·      Sections 504.851(e) and (k)

·      Section 520.013

·      Section 520.034

EFFECTIVE DATE

 

Except as otherwise provided, January 1, 2013.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.S.B. 1507 differs from the original by retaining the current definition of "owner," for purposes of the Certificate of Title Act, whereas the original defines "owner" to mean a person who holds the legal title to a motor vehicle, has the legal right of possession of a motor vehicle, or has the legal right of control of a motor vehicle.  The substitute differs from the original by defining "purchaser" to exclude a manufacturer, importer, distributor, or dealer.  The substitute defines "casual sale" to mean the sale by a salvage vehicle dealer or an insurance company of five or fewer nonrepairable motor vehicles or salvage motor vehicles rather than three or fewer such vehicles as in the original.  The substitute differs from the original by making a conforming change relating to the definition of "salvage vehicle dealer."  The substitute defines "rebuilder" as a person who acquires and repairs, rebuilds, or reconstructs salvage motor vehicles for operation on a public highway, whereas the original defines "rebuilder" as a person who acquires and repairs, rebuilds, or reconstructs three or fewer salvage motor vehicles in a calendar year.  The substitute differs from the original by making a conforming change relating to the requirement for a rebuilder to possess a title or other documentation. 

 

C.S.S.B. 1507 adds a provision not in the original to include a nonrepairable or salvage record of title for a motor vehicle among the documents that authorize a person to sell, transfer, or release a nonrepairable motor vehicle or salvage motor vehicle to any person.  The substitute adds a provision not in the original to establish the priority of a recorded lienholder and assignees over the rights of a lien creditor.  The substitute authorizes a lienholder to assign a recorded lien without making any filing or giving any notice and establishes that the assigned lien retains its priority, whereas the original authorizes a lienholder to assign a recorded lien by applying to the Texas Department of Transportation.  The substitute adds provisions not in the original to authorize, but not require, an assignee or assignor to apply to the department for the assignee to be named as lienholder on the certificate of title.  The substitute adds a provision not in the original to establish that failure to make such an application or to notify a debtor of an assignment does not create a cause of action against the assignor or assignee or affect the continuation of the perfected status of the assigned lien.  The substitute adds provisions not in the original to establish that assignment of a lien does not affect the procedures applicable to the foreclosure of a worker's lien or the release of a holder's lien. 

 

C.S.S.B. 1507 adds a provision not in the original to require online electronic commerce in connection with payment of any title or registration fee to be processed in accordance with the Information Resources Management Act.  The substitute removes a provision in the original establishing registration requirements for a non-titled trailer.  The substitute authorizes the department by rule to allow payment of registration fees for a designated period not to exceed 84 months, rather than 96 months as in the original.  The substitute adds a provision not in the original to establish that the fee for a registration year for a privately owned former military vehicle or fire truck is $15 and to define "fire truck," "former military vehicle," and "privately-owned."  The substitute removes a provision in the original renaming the chapter on specialty license plates to apply to all license plates.  The substitute adds a provision not in the original to specify that the county in which the owner of a golf cart must reside for the law requiring the department to issue specialty license plates for an eligible golf cart to be applicable is a county that borders another state and has a population of more than 110,000, but less than 140,000.  The substitute removes a provision in the original repealing the law relating to golf cart license plates.  The substitute removes a provision in the original repealing a provision of the law relating to limited power of attorney under the Certificate of Title Act.

 

C.S.S.B. 1507 differs from the original by making numerous technical and nonsubstantive changes.