Texas 2017 - 85th Regular

Texas Senate Bill SB869

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 

Caption

Relating to authorizing a beneficiary designation that transfers a motor vehicle at the owner's death.

Impact

The implementation of SB 869 is expected to impact state laws significantly by providing a nontestamentary method for transferring motor vehicle ownership. Under this new system, a beneficiary designation will supersede any declarations made in a will regarding the vehicle, streamlining the transition process and potentially reducing disputes over ownership. This change aligns with broader efforts in estate planning to facilitate simpler processes while preventing conflicts among heirs regarding personal property assets like motor vehicles.

Summary

Senate Bill 869 introduces a framework for the beneficiary designation of motor vehicles, allowing vehicle owners in Texas to designate a sole beneficiary to whom the vehicle will be transferred upon their death. The bill amends both the Estates Code and the Transportation Code to outline the criteria for making such a designation, ensuring that the legal process for transferring motor vehicle ownership after death is straightforward and efficient. This system aims to simplify estate management for vehicle owners and provide clarity on the process for designated beneficiaries in the event of the owner's death.

Sentiment

The sentiment surrounding SB 869 appears to be predominantly positive, particularly among advocates for simplified estate management and consumer convenience. Proponents argue that the bill provides essential clarity and reduces the burden on families during an emotionally challenging time after the loss of a loved one. However, concerns have been raised regarding potential conflicts between such beneficiary designations and existing estate laws, specifically how they might interact with wills and other estate planning instruments.

Contention

Notable points of contention primarily revolve around the implications for joint ownership and the rights of beneficiaries. The bill requires that a beneficiary designation made by joint owners must be agreed upon by all parties, which may lead to complications if there’s disagreement among joint owners. Additionally, the issue of creditors is highlighted, as the designated beneficiary will inherit the vehicle subject to existing liens or claims, bringing into question the protections available for both the owners during their lifetime and the beneficiaries thereafter.

Companion Bills

TX HB1753

Identical Relating to authorizing a beneficiary designation that transfers a motor vehicle at the owner's death.

Previously Filed As

TX HB4484

Relating to the ownership of the pore space underlying the surface of land and to the use of that space for the geologic storage of carbon dioxide; authorizing a fee.

TX HB718

Relating to the issuance of certain tags, permits, and license plates authorizing the movement of vehicles and the transfer and renewal of certain license plates.

TX HB5269

Relating to motor vehicle titles.

TX HB4435

Relating to the registration, ownership, and operation of certain motor vehicles.

TX SB2024

Relating to the registration, ownership, and operation of certain motor vehicles.

TX HB3288

Relating to notice of transfer of a used motor vehicle.

TX HB3109

Relating to provision of notice by a vehicle storage facility through a Texas Department of Motor Vehicles electronic system; authorizing a fee.

TX HB4498

Relating to the transfer and statutory novation of insurance policies from a transferring insurer to an assuming insurer through an insurance business transfer plan; authorizing fees.

TX HB4543

Relating to an exception to the titling requirement for certain motor vehicles; creating a criminal offense.

TX SB1418

Relating to the route designation for the issuance of a permit for the movement of oversize and overweight vehicles in certain counties.

Similar Bills

NJ S906

Authorizes transfer on death (TOD) of title to motor vehicle.

NJ A2847

Authorizes transfer on death (TOD) of title to motor vehicle.

MS HB178

Motor vehicle; revise law authorizing owner to designate beneficiary for transfer of ownership by increasing number of beneficiaries to four.

MS HB1430

Motor vehicle title; authorize beneficiary designation.

TX HB3395

Relating to authorizing a beneficiary designation that transfers a manufactured home classified as personal property at the owner's death.

TX SB1940

Relating to authorizing a beneficiary designation that transfers a manufactured home classified as personal property at the owner's death.

TX HB1753

Relating to authorizing a beneficiary designation that transfers a motor vehicle at the owner's death.