Bill Text: TX HB5269 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to motor vehicle titles.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-24 - Referred to Transportation [HB5269 Detail]
Download: Texas-2023-HB5269-Introduced.html
By: Bucy | H.B. No. 5269 |
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relating to motor vehicle titles. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Subchapter B, Chapter 501, | ||
Transportation Code, is amended to read as follows: | ||
SUBCHAPTER B. [ |
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SECTION 2. Section 501.0234(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) This section does not apply to a motor vehicle: | ||
(1) that has been declared a total loss by an insurance | ||
company in the settlement or adjustment of a claim; | ||
(2) for which the title has been surrendered in | ||
exchange for: | ||
(A) a salvage vehicle title [ |
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(B) a nonrepairable vehicle title [ |
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a certificate of authority issued under Subchapter D, Chapter 683; | ||
or | ||
(C) an ownership document issued by another state | ||
that is comparable to a document described by Paragraph (A) or (B); | ||
(3) with a gross weight in excess of 11,000 pounds; or | ||
(4) purchased by a commercial fleet buyer who: | ||
(A) is a deputy authorized by rules adopted under | ||
Section 520.0071; | ||
(B) utilizes the dealer title application | ||
process developed to provide a method to submit title transactions | ||
to the county in which the commercial fleet buyer is a deputy; and | ||
(C) has authority to accept an application for | ||
registration and application for title transfer that the county | ||
assessor-collector may accept. | ||
SECTION 3. Section 501.0276, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 501.0276. DENIAL OF TITLE RECEIPT OR [ |
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A county assessor-collector may not issue a title receipt and the | ||
department may not issue a [ |
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subject to Section 548.3011 unless proof that the vehicle has | ||
passed a vehicle emissions test as required by that section, in a | ||
manner authorized by that section, is presented to the county | ||
assessor-collector with the application for a title. | ||
SECTION 4. Section 501.0301(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) A county assessor-collector may not issue a title | ||
receipt and the department may not issue a [ |
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for an off-highway vehicle purchased from a retailer located | ||
outside this state and designated by the manufacturer as a model | ||
year that is not more than one year before the year in which the | ||
application for title is made unless the applicant for the title | ||
delivers to the assessor-collector or the department, as | ||
applicable, satisfactory evidence showing that the applicant: | ||
(1) has paid to the comptroller the applicable use tax | ||
imposed on the vehicle under Subchapter D, Chapter 151, Tax Code; or | ||
(2) is not required to pay any taxes described by | ||
Subdivision (1). | ||
SECTION 5. The heading to Section 501.038, Transportation | ||
Code, is amended to read as follows: | ||
Sec. 501.038. [ |
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STREET ROD. | ||
SECTION 6. Section 501.038(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) Notwithstanding any other provision of this chapter, if | ||
the department issues a [ |
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or street rod, the model year and make of the vehicle must be listed | ||
on the [ |
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that the body of the vehicle resembles. The [ |
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must also include the word "replica." | ||
SECTION 7. The heading to Subchapter C, Chapter 501, | ||
Transportation Code, is amended to read as follows: | ||
SUBCHAPTER C. REFUSAL TO ISSUE OR[ |
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ALTERATION OF TITLE [ |
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SECTION 8. Section 501.074(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) The department shall issue a new title for a motor | ||
vehicle registered in this state for which the ownership is | ||
transferred by operation of law or other involuntary divestiture of | ||
ownership after receiving: | ||
(1) a certified copy of an order appointing a | ||
temporary administrator or of the probate proceedings; | ||
(2) letters testamentary or letters of | ||
administration; | ||
(3) if administration of an estate is not necessary, | ||
an affidavit showing that administration is not necessary, | ||
identifying all heirs, and including a statement by the heirs of the | ||
name in which the title [ |
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(4) a court order; or | ||
(5) the bill of sale from an officer making a judicial | ||
sale. | ||
SECTION 9. Section 501.091, Transportation Code, is amended | ||
by adding Subdivision (1-a) and amending Subdivisions (10) and (16) | ||
to read as follows: | ||
(1-a) "Auction sales receipt" means a document | ||
certifying the sale of a motor vehicle at auction by a law | ||
enforcement agency or public sale for a lien foreclosure. | ||
(10) "Nonrepairable vehicle title" means a | ||
nonrepairable record of title or printed document issued by the | ||
department that evidences ownership of a nonrepairable motor | ||
vehicle. | ||
(16) "Salvage vehicle title" means a salvage record of | ||
title or printed document issued by the department that evidences | ||
ownership of a salvage motor vehicle. | ||
SECTION 10. The heading to Section 501.09111, | ||
Transportation Code, is amended to read as follows: | ||
Sec. 501.09111. RIGHTS AND LIMITATIONS OF NONREPAIRABLE | ||
VEHICLE TITLE OR [ |
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TITLE [ |
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SECTION 11. Section 501.09111(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) A person who holds a nonrepairable vehicle [ |
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rights listed in Subsection (a) and may repair, rebuild, or | ||
reconstruct the motor vehicle. | ||
SECTION 12. Sections 501.09112(b), (d), (e), and (f), | ||
Transportation Code, are amended to read as follows: | ||
(b) A nonrepairable vehicle title must clearly indicate | ||
that the motor vehicle: | ||
(1) may not be: | ||
(A) issued a [ |
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(B) registered in this state; or | ||
(C) repaired, rebuilt, or reconstructed; and | ||
(2) may be used only as a source for used parts or | ||
scrap metal. | ||
(d) A salvage vehicle title [ |
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for a vehicle that is a salvage motor vehicle because of damage | ||
caused exclusively by flood must bear a notation that the | ||
department considers appropriate. If the title for a motor vehicle | ||
reflects the notation required by this subsection, the owner may | ||
sell, transfer, or release the motor vehicle only as provided by | ||
this subchapter. | ||
(e) An electronic application for a nonrepairable vehicle | ||
title or [ |
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[ |
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the same provisions required on a printed title. | ||
(f) A nonrepairable vehicle title or [ |
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appropriate remarks so that the vehicle record clearly shows the | ||
status of the vehicle. | ||
SECTION 13. The heading to Section 501.0925, Transportation | ||
Code, is amended to read as follows: | ||
Sec. 501.0925. INSURANCE COMPANY NOT REQUIRED TO SURRENDER | ||
EVIDENCE OF OWNERSHIP [ |
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SITUATIONS. | ||
SECTION 14. Sections 501.0925(a), (b), (c), (d), and (f), | ||
Transportation Code, are amended to read as follows: | ||
(a) An insurance company that acquires, through payment of a | ||
claim, ownership or possession of a motor vehicle covered by a | ||
[ |
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that the company is unable to obtain may obtain from the department | ||
not earlier than the 30th day after the date of payment of the | ||
claim: | ||
(1) a salvage vehicle title for a salvage motor | ||
vehicle; | ||
(2) a nonrepairable vehicle title for a nonrepairable | ||
motor vehicle; or | ||
(3) a [ |
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vehicle other than a salvage motor vehicle or a nonrepairable motor | ||
vehicle. | ||
(b) An application for a title under Subsection (a) must be | ||
submitted to the department on a form prescribed by the department | ||
and include: | ||
(1) a statement that the insurance company has | ||
provided at least two written notices attempting to obtain the | ||
evidence of ownership [ |
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and | ||
(2) evidence acceptable to the department that the | ||
insurance company has made payment of a claim involving the motor | ||
vehicle. | ||
(c) An insurance company that acquires, through payment of a | ||
claim, ownership or possession of a motor vehicle covered by a | ||
[ |
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for which the company is unable to obtain proper assignment of the | ||
title or manufacturer's certificate of origin [ |
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obtain from the department not earlier than the 30th day after the | ||
date of payment of the claim: | ||
(1) a salvage vehicle title for a salvage motor | ||
vehicle; | ||
(2) a nonrepairable vehicle title for a nonrepairable | ||
motor vehicle; or | ||
(3) a [ |
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vehicle other than a salvage motor vehicle or a nonrepairable motor | ||
vehicle. | ||
(d) An application for a title under Subsection (c) must be | ||
submitted to the department on a form prescribed by the department | ||
and include: | ||
(1) a statement that the insurance company has | ||
provided at least two written notices attempting to obtain a proper | ||
assignment of the evidence of ownership [ |
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(2) the evidence of ownership [ |
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(f) An insurance company that acquires, through payment of a | ||
claim, ownership or possession of a motor vehicle, salvage motor | ||
vehicle, or nonrepairable motor vehicle covered by an out-of-state | ||
title or out-of-state ownership document may obtain from the | ||
department a title, salvage vehicle title, or nonrepairable vehicle | ||
title, as appropriate, if: | ||
(1) the motor vehicle was damaged, stolen, or | ||
recovered in this state; | ||
(2) the motor vehicle owner from whom the company | ||
acquired ownership resides in this state; or | ||
(3) otherwise allowed by department rule. | ||
SECTION 15. Sections 501.097(a) and (c-1), Transportation | ||
Code, are amended to read as follows: | ||
(a) An application for a nonrepairable vehicle title or [ |
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(1) be made in a manner prescribed by the department | ||
and accompanied by a $8 application fee; | ||
(2) include, in addition to any other information | ||
required by the department: | ||
(A) the name and current address of the owner; | ||
and | ||
(B) a description of the motor vehicle, including | ||
the make, style of body, model year, and vehicle identification | ||
number; and | ||
(3) include the name and address of: | ||
(A) any currently recorded lienholder, if the | ||
motor vehicle is a nonrepairable motor vehicle; or | ||
(B) any currently recorded lienholder or a new | ||
lienholder, if the motor vehicle is a salvage motor vehicle. | ||
(c-1) The department's titling system must include a remark | ||
that clearly identifies the vehicle as a salvage motor vehicle or | ||
nonrepairable motor vehicle. | ||
SECTION 16. The heading to Section 501.100, Transportation | ||
Code, is amended to read as follows: | ||
Sec. 501.100. APPLICATION FOR [ |
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TITLE FOR SALVAGE VEHICLE. | ||
SECTION 17. Sections 501.100(a) and (f), Transportation | ||
Code, are amended to read as follows: | ||
(a) The owner of a motor vehicle for which a nonrepairable | ||
vehicle title was issued prior to September 1, 2003, [ |
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a salvage vehicle title [ |
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issued, or for which a comparable out-of-state ownership document | ||
for a salvage motor vehicle has been issued may apply for a title | ||
under Section 501.023 after the motor vehicle has been repaired, | ||
rebuilt, or reconstructed and, in addition to any other requirement | ||
of law, only if the application: | ||
(1) describes each major component part used to | ||
repair, rebuild, or reconstruct the motor vehicle; | ||
(2) states the name of each person from whom the parts | ||
used in repairing, rebuilding, or reconstructing [ |
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vehicle were obtained; and | ||
(3) shows the identification number required by | ||
federal law to be affixed to or inscribed on the part. | ||
(f) The department may not issue a [ |
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motor vehicle based on a: | ||
(1) nonrepairable vehicle title issued on or after | ||
September 1, 2003, or comparable out-of-state ownership document or | ||
record, or evidence of a notation described by Section | ||
501.09113(a)(2) on an out-of-state ownership document or record in | ||
the National Motor Vehicle Title Information System; | ||
(2) receipt issued under Section 501.1003(b); or | ||
(3) certificate of authority issued under Chapter 683. | ||
SECTION 18. Sections 501.1001(b), (c), and (d), | ||
Transportation Code, are amended to read as follows: | ||
(b) For a salvage motor vehicle, the insurance company shall | ||
apply for a salvage vehicle title [ |
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a nonrepairable motor vehicle, the insurance company shall apply | ||
for a nonrepairable vehicle title [ |
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(c) An insurance company or other person who acquires | ||
ownership of a motor vehicle other than a nonrepairable motor | ||
vehicle or salvage motor vehicle may voluntarily and on proper | ||
application obtain a salvage vehicle title or [ |
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(d) This subsection applies only to a motor vehicle in this | ||
state that is a self-insured motor vehicle and that is damaged to | ||
the extent it becomes a nonrepairable motor vehicle or salvage | ||
motor vehicle. The owner of a motor vehicle to which this | ||
subsection applies shall submit to the department before the 31st | ||
business day after the date of the damage, in a manner prescribed by | ||
the department, a statement that the motor vehicle was self-insured | ||
and damaged. When the owner submits a report, the owner shall | ||
surrender the ownership document and apply for a nonrepairable | ||
vehicle title or [ |
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title [ |
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SECTION 19. Section 501.1002(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) The owner of a salvage motor vehicle or nonrepairable | ||
motor vehicle may not transfer ownership of the motor vehicle by | ||
sale or otherwise unless the department has issued a salvage | ||
vehicle title or [ |
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title [ |
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a comparable ownership document has been issued by another state or | ||
jurisdiction for the motor vehicle in the name of the owner. | ||
SECTION 20. Section 501.1003, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 501.1003. SALVAGE VEHICLE DEALER RESPONSIBILITIES. | ||
(a) If a salvage vehicle dealer acquires ownership of a | ||
nonrepairable motor vehicle or salvage motor vehicle for the | ||
purpose of dismantling, scrapping, or destroying the motor vehicle, | ||
the dealer shall, before the 31st day after the date the dealer | ||
acquires the motor vehicle, submit to the department a report | ||
stating that the motor vehicle will be dismantled, scrapped, or | ||
destroyed. The dealer shall: | ||
(1) make the report in a manner prescribed by the | ||
department; and | ||
(2) submit with the report a properly assigned | ||
manufacturer's certificate of origin, [ |
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title, nonrepairable vehicle title, salvage vehicle title, auction | ||
sales receipt, or comparable out-of-state ownership document for | ||
the motor vehicle. | ||
(b) After receiving the report and title, manufacturer's | ||
certificate of origin, auction sales receipt, or document, the | ||
department shall issue the salvage vehicle dealer a receipt for the | ||
manufacturer's certificate of origin, [ |
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title, nonrepairable vehicle title, salvage vehicle title, auction | ||
sales receipt, or comparable out-of-state ownership document. | ||
(c) The department shall adopt rules to notify the salvage | ||
vehicle dealer if the vehicle was not issued a printed title, but | ||
has a record of title in the department's titling system. | ||
SECTION 21. Section 501.107(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) A metal recycler shall submit to the department the | ||
properly assigned manufacturer's certificate of origin, [ |
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vehicle title, or comparable out-of-state ownership document that | ||
the person receives in conjunction with the purchase of a motor | ||
vehicle not later than the 60th day after the date the metal | ||
recycler receives the title or out-of-state ownership document. | ||
SECTION 22. Section 501.109(c), Transportation Code, is | ||
amended to read as follows: | ||
(c) A person commits an offense if the person knowingly | ||
fails or refuses to surrender a [ |
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after the person: | ||
(1) receives a notice from an insurance company that | ||
the motor vehicle is a nonrepairable motor vehicle or salvage motor | ||
vehicle; or | ||
(2) knows the vehicle has become a nonrepairable motor | ||
vehicle or salvage motor vehicle under Section 501.1001. | ||
SECTION 23. Section 501.110(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) The department, an agent, officer, or employee of the | ||
department, or another person enforcing this subchapter is not | ||
liable to a person damaged or injured by an act or omission relating | ||
to the issuance or revocation of a title, nonrepairable vehicle | ||
title, or [ |
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SECTION 24. Section 501.152(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) Except as provided by this section, a person commits an | ||
offense if the person: | ||
(1) sells, offers to sell, or offers as security for an | ||
obligation a motor vehicle registered in this state; and | ||
(2) does not possess or have electronic access to the | ||
title receipt or [ |
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SECTION 25. Section 1956.0321(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) In addition to the requirements of Section 1956.032, a | ||
person attempting to sell a catalytic converter to a metal | ||
recycling entity shall provide to the metal recycling entity: | ||
(1) the year, make, model, and vehicle identification | ||
number for the vehicle from which the catalytic converter was | ||
removed; and | ||
(2) a copy of the [ |
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documentation indicating that the person has an ownership interest | ||
in the vehicle described by Subdivision (1). | ||
SECTION 26. This Act takes effect September 1, 2023. |