|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to procedures for the issuance of a bonded title for a |
|
motor vehicle. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 501.053, Transportation Code, is amended |
|
by amending Subsections (a) and (c) and adding Subsections (b-1) |
|
and (b-2) to read as follows: |
|
(a) As an alternative to the procedure provided by Section |
|
501.052, the person may obtain a title by filing a bond with the |
|
department if the vehicle is in the possession of the applicant and: |
|
(1) there is no security interest on the vehicle; |
|
(2) any lien on the vehicle is at least 10 years old; |
|
[or] |
|
(3) the person provides a release of all liens less |
|
than 10 years old; or |
|
(4) the lienholder of any lien less than 10 years old |
|
has gone out of business, the security interest on the vehicle was |
|
not transferred to or otherwise acquired by another person, and the |
|
applicant provides sufficient evidence of those facts in the form |
|
and manner prescribed by department rule [with bond]. |
|
(b-1) On receipt of a bond filing under this section, the |
|
department shall notify any recorded owner or lienholder of the |
|
vehicle of the bond filing. |
|
(b-2) If a person who files a bond under this section does |
|
not hold a general distinguishing number issued under Subchapter B, |
|
Chapter 503, the department: |
|
(1) may only issue title on or after the 30th day after |
|
the date on which the person submits an application for title under |
|
Section 501.023; and |
|
(2) may not issue title if any recorded owner or |
|
lienholder with an interest in the vehicle objects to the issuance |
|
of the title. |
|
(c) An interested person has a right of action to recover on |
|
the bond for a breach of the bond's condition. The aggregate |
|
liability of the surety to all persons may not exceed the amount of |
|
the bond. Failure to object to the issuance of title under |
|
Subsection (b-2)(2) does not waive the right of an interested |
|
person to bring an action to recover on the bond filed under this |
|
section. |
|
SECTION 2. The changes in law made by this Act apply only to |
|
a bond for a motor vehicle title that is filed on or after the |
|
effective date of this Act. |
|
SECTION 3. This Act takes effect September 1, 2025. |