Bill Text: TX HB2575 | 2011-2012 | 82nd Legislature | Enrolled


Bill Title: Relating to the Texas Department of Motor Vehicles' electronic lien system.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB2575 Detail]

Download: Texas-2011-HB2575-Enrolled.html
 
 
  H.B. No. 2575
 
 
 
 
AN ACT
  relating to the Texas Department of Motor Vehicles' electronic lien
  system.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 501.117, Transportation Code, is amended
  by amending Subsection (a) and adding Subsections (d), (d-1),
  (d-2), (e), and (f) to read as follows:
         (a)  The department by rule shall develop a system under
  which a security interest in a motor vehicle may be perfected,
  assigned, discharged, and canceled electronically instead of by
  record maintained on a certificate of title. The department may
  establish categories of lienholders that may participate in the
  system and, except as provided by this section, may require a
  lienholder to participate in the system [Participation by a
  lienholder in the system is voluntary].
         (d)  The department may not require a depository
  institution, as defined by Section 180.002, Finance Code, to
  participate in the system if the department has issued fewer than
  100 notifications of security interests in motor vehicles to the
  depository institution during a calendar year.
         (d-1)  The department may not require a depository
  institution, as defined by Section 180.002, Finance Code, to
  participate in the system:
               (1)  during 2011, if the department issues fewer than
  200 notifications of security interests in motor vehicles to the
  depository institution between September 1, 2011, and December 31,
  2011; and
               (2)  during 2012, if the depository institution was
  exempt under Subdivision (1) and the department issues fewer than
  200 notifications of security interests in motor vehicles to the
  depository institution in 2012.
         (d-2)  This subsection and Subsection (d-1) expire January
  1, 2013.
         (e)  The department by rule shall establish a reasonable
  schedule for compliance with the requirements of Subsection (a) for
  each category of lienholder that the department requires to
  participate in the system.
         (f)  The department may not:
               (1)  prohibit a lienholder from using an intermediary
  to access the system; or
               (2)  require a lienholder to use an intermediary to
  access the system.
         SECTION 2.  This Act takes effect September 1, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2575 was passed by the House on April
  27, 2011, by the following vote:  Yeas 145, Nays 0, 3 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2575 was passed by the Senate on May
  25, 2011, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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