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By: Goldman (Senate Sponsor - Schwertner) |
H.B. No. 3215 |
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(In the Senate - Received from the House April 24, 2017; |
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May 3, 2017, read first time and referred to Committee on Business & |
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Commerce; May 19, 2017, reported adversely, with favorable |
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Committee Substitute by the following vote: Yeas 8, Nays 0; |
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May 19, 2017, sent to printer.) |
| Click here to see the committee vote |
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COMMITTEE SUBSTITUTE FOR H.B. No. 3215 |
By: Creighton |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a person to sell property without |
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engaging in business as a motor vehicle dealer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 503.024(b) and (d), Transportation |
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Code, are amended to read as follows: |
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(b) For the purposes of Section 503.021, a person is not |
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engaging in business as a dealer by: |
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(1) selling or offering to sell, if the sale or offer |
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is not made to avoid a requirement of this chapter, a vehicle the |
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person acquired for personal or business use to: |
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(A) a person other than a retail buyer if not sold |
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or offered through a licensed auctioneer; or |
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(B) any person if the sale or offer is made |
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through a licensed auctioneer [if the sale or offer is not made to
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avoid a requirement of this chapter]; |
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(2) selling, in a manner provided by law for the forced |
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sale of vehicles, a vehicle in which the person holds a security |
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interest; |
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(3) acting under a court order as a receiver, trustee, |
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administrator, executor, guardian, or other appointed person; |
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(4) selling a vehicle the person acquired from the |
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vehicle's owner as a result of paying an insurance claim if the |
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person is an insurance company; |
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(5) selling an antique passenger car or truck that is |
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at least 25 years of age; or |
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(6) selling a special interest vehicle that is at |
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least 12 years of age if the person is a collector. |
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(d) For the purposes of Section 503.021, a licensed |
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auctioneer is not engaging in business as a dealer by, as a bid |
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caller, selling or offering to sell property, including a business |
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that holds the title to any number of vehicles, to the highest |
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bidder at a bona fide auction if: |
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(1) legal or equitable title does not pass to the |
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auctioneer; |
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(2) the auction is not held to avoid a requirement of |
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this chapter; and |
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(3) for an auction of vehicles owned legally or |
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equitably by a person who holds a general distinguishing number, |
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the auction is conducted at the location for which the general |
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distinguishing number was issued. |
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SECTION 2. This Act takes effect September 1, 2017. |
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