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A BILL TO BE ENTITLED
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AN ACT
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relating to documentation for the transfer of a motor vehicle |
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title. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 501.072, Transportation Code, is amended |
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to read as follows: |
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Sec. 501.072. ODOMETER DISCLOSURE STATEMENT. (a) Except |
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as provided by Subsection (c), the transferor [seller] of a motor |
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vehicle [sold] in this state shall provide to the transferee |
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[buyer, on a form prescribed by the department,] a [written] |
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disclosure of the vehicle's odometer reading at the time of the |
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transfer in compliance with 49 U.S.C. Section 32705 [sale. The form
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must include space for the signature and printed name of both the
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seller and buyer]. |
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(b) When application for a [certificate of] title is made, |
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the transferee [owner] shall record the [current] odometer reading |
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on the application. The [written] disclosure required by |
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Subsection (a) must accompany the application. |
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(c) An odometer disclosure statement is not required for the |
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transfer [sale] of a motor vehicle that is exempt from odometer |
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disclosure requirements under 49 C.F.R. Part 580 [:
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[(1)
has a manufacturer's rated carrying capacity of
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more than two tons;
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[(2) is not self-propelled;
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[(3) is 10 or more years old;
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[(4)
is sold directly by the manufacturer to an agency
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of the United States government in conformity with contractual
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specifications; or
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[(5) is a new motor vehicle]. |
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(d) The department shall provide for use consistent with 49 |
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C.F.R. Part 580: |
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(1) a secure power of attorney form; and |
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(2) a secure reassignment form for licensed motor |
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vehicle dealers. |
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(e) In this section, "transferee" and "transferor" have the |
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meanings assigned by 49 C.F.R. Section 580.3. |
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SECTION 2. Subchapter D, Chapter 501, Transportation Code, |
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is amended by adding Section 501.077 to read as follows: |
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Sec. 501.077. FORMS; VERIFICATION. (a) The department |
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shall provide in electronic and paper formats and for use |
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consistent with 49 C.F.R. Part 580: |
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(1) a secure power of attorney form; and |
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(2) a secure reassignment form for licensed motor |
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vehicle dealers. |
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(b) This section does not require the department to certify |
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an electronic signature process or an electronic signature vendor |
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before accepting a form described by Subsection (a) that is |
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executed with an electronic signature. |
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SECTION 3. This Act takes effect January 1, 2018. |