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A BILL TO BE ENTITLED
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AN ACT
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relating to documentation for a motor vehicle title. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 152.062, Tax Code, is amended by adding |
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Subsection (d) to read as follows: |
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(d) A seller of a motor vehicle is not required to complete a |
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joint statement described by this section if: |
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(1) the seller does not hold a general distinguishing |
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number issued under Chapter 503, Transportation Code; and |
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(2) the seller has complied with Section 501.028 or |
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501.072, Transportation Code, as applicable. |
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SECTION 2. Section 501.028, Transportation Code, is amended |
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to read as follows: |
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Sec. 501.028. SIGNATURES [OWNER'S SIGNATURE]. (a) On |
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receipt of a certificate of title, the owner of a motor vehicle |
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shall write the owner's name in ink in the space provided on the |
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certificate. |
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(b) Upon transfer of ownership, the seller shall complete |
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assignment of title by signing and printing the seller's name, |
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printing the date of transfer, and printing the purchaser's name |
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and address on the title. |
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SECTION 3. 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 transferred [sold] in this state shall provide to the |
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transferee [buyer, on a form prescribed by the department,] a |
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[written] disclosure of the vehicle's odometer reading at the time |
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of the transfer in compliance with 49 U.S.C. Section 32705 [sale.
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The form must include space for the signature and printed name of
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both the 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 4. Section 501.174, Transportation Code, is amended |
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by amending Subsection (b) and adding Subsections (d), (e), and (f) |
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to read as follows: |
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(b) Except as otherwise provided by this section, if [If] a |
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law requires that a document be signed, the requirement is |
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satisfied by an electronic signature. |
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(d) The department by rule shall establish a process to |
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accept electronic signatures on secure documents which have been |
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electronically signed through a system not controlled by the |
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department. |
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(e) A system used for submitting electronic signatures to |
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the department must verify the identity of the person |
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electronically signing a document and submit the document through |
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the electronic titling system. |
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(f) 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 document that is executed with an electronic |
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signature. |
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SECTION 5. Not later than January 1, 2019, the Texas |
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Department of Motor Vehicles shall adopt rules necessary to |
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implement Section 501.174(d), Transportation Code, as added by this |
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Act. |
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SECTION 6. This Act takes effect January 1, 2018. |
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* * * * * |