| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the sale of a motor vehicle by an unlicensed seller. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 728, Transportation Code, is amended by |
|
|
adding Subchapter D to read as follows: |
|
|
SUBCHAPTER D. SALE OF MOTOR VEHICLES BY UNLICENSED SELLERS |
|
|
Sec. 728.031. AUTHORIZED SELLERS; AUTHORIZED SALES |
|
|
LOCATIONS. (a) In this section, "authorized seller" means: |
|
|
(1) the owner of a motor vehicle; |
|
|
(2) the owner's: |
|
|
(A) spouse; |
|
|
(B) parent or stepparent; |
|
|
(C) grandparent or grandchild; |
|
|
(D) child or stepchild; |
|
|
(E) sibling; or |
|
|
(F) guardian; or |
|
|
(3) a decedent's estate. |
|
|
(b) Except as provided by Subsection (f)(4), a person may |
|
|
not sell or offer for sale a motor vehicle unless the person is an |
|
|
authorized seller. |
|
|
(c) Except as provided by Subsection (f), a person may not |
|
|
park a motor vehicle on public or private property with an |
|
|
indication that the vehicle is for sale displayed on the vehicle. |
|
|
(d) Except as provided by Subsection (e), a motor vehicle |
|
|
that is parked in violation of Subsection (c) may be removed: |
|
|
(1) immediately if parked on public property; or |
|
|
(2) two hours after notice under Section 728.032 has |
|
|
been posted on the vehicle if parked on private property. |
|
|
(e) A peace officer who requires a vehicle to be removed |
|
|
under this section shall first attempt to contact the person whose |
|
|
contact information is displayed on the vehicle. If the peace |
|
|
officer contacts the person, the peace officer must give the person |
|
|
one hour to provide evidence that the person is an authorized seller |
|
|
and remove the vehicle from the location. If the peace officer is |
|
|
unable to contact the person, or the person is unable to present |
|
|
evidence that the person is an authorized seller, the peace officer |
|
|
shall cause the vehicle and any property on or in the vehicle to be |
|
|
removed and stored at a vehicle storage facility in accordance with |
|
|
Chapter 2308, Occupations Code. |
|
|
(f) This section does not apply to: |
|
|
(1) a single motor vehicle that is legally parked on |
|
|
the premises of the authorized seller's residence, or in the |
|
|
right-of-way immediately adjacent to the authorized seller's |
|
|
residence; |
|
|
(2) a motor vehicle that is parked on public or private |
|
|
property adjacent to a building or location where the authorized |
|
|
seller traveled in the normal course of business, including a |
|
|
building or location where the authorized seller is employed; |
|
|
(3) a motor vehicle that is parked on private property |
|
|
that has a notarized statement from the property owner displayed on |
|
|
the windshield or other conspicuous place on the motor vehicle, |
|
|
with the name, address, and telephone number of the property owner, |
|
|
authorizing the vehicle to be sold on the property; or |
|
|
(4) a dealer who holds a current general |
|
|
distinguishing number issued under Chapter 503 and who is offering |
|
|
a motor vehicle for sale at the location for which the general |
|
|
distinguishing number is issued. |
|
|
Sec. 728.032. NOTICE PROCEDURES. A peace officer may, |
|
|
without the consent of the owner of a motor vehicle parked on |
|
|
private property in violation of Section 728.031, cause the vehicle |
|
|
and any property on or in the vehicle to be removed and stored at a |
|
|
vehicle storage facility at the vehicle owner's expense if: |
|
|
(1) the peace officer has mailed actual notice to the |
|
|
owner of the motor vehicle that the vehicle is in violation of |
|
|
Section 728.031 and that the vehicle will be towed and stored at the |
|
|
vehicle owner's expense if it is not removed; or |
|
|
(2) the peace officer has attached a conspicuous |
|
|
notice on the motor vehicle's front windshield or, if the vehicle |
|
|
has no front windshield, to a conspicuous part of the vehicle: |
|
|
(A) stating that the motor vehicle is parked in |
|
|
violation of Section 728.031; |
|
|
(B) stating that the motor vehicle will be towed |
|
|
and stored at the expense of the owner of the vehicle not before two |
|
|
hours after the notice is attached to the vehicle; and |
|
|
(C) listing a telephone number that is answered |
|
|
24 hours a day to enable the owner or operator of the vehicle to |
|
|
locate the vehicle. |
|
|
Sec. 728.033. PROCEDURES FOR TOWING. All towing conducted |
|
|
under this subchapter must be performed in accordance with Chapter |
|
|
2308, Occupations Code. |
|
|
SECTION 2. This Act takes effect September 1, 2013. |