1 | | - | By: Bohac, et al. H.B. No. 2400 |
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2 | | - | (Senate Sponsor - Taylor of Collin) |
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3 | | - | (In the Senate - Received from the House April 29, 2015; |
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4 | | - | April 30, 2015, read first time and referred to Committee on |
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5 | | - | Finance; May 6, 2015, reported favorably by the following vote: |
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6 | | - | Yeas 13, Nays 0; May 6, 2015, sent to printer.) |
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7 | | - | Click here to see the committee vote |
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| 1 | + | H.B. No. 2400 |
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28 | 4 | | AN ACT |
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29 | 5 | | relating to the sale of a new motor vehicle to certain manufacturers |
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30 | 6 | | or distributors. |
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31 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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32 | 8 | | SECTION 1. Section 152.001(2), Tax Code, is amended to read |
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33 | 9 | | as follows: |
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34 | 10 | | (2) "Retail sale" means a sale of a motor vehicle |
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35 | 11 | | except: |
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36 | 12 | | (A) the sale of a new motor vehicle in which the |
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37 | 13 | | purchaser is a franchised dealer who is authorized by law and by |
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38 | 14 | | franchise agreement to offer the vehicle for sale as a new motor |
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39 | 15 | | vehicle and who acquires the vehicle either for the exclusive |
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40 | 16 | | purpose of sale in the manner provided by law or for purposes |
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41 | 17 | | allowed under Chapter 503, Transportation Code; |
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42 | 18 | | (B) the sale of a vehicle other than a new motor |
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43 | 19 | | vehicle in which the purchaser is a dealer who holds a dealer's |
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44 | 20 | | general distinguishing number issued under Chapter 503, |
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45 | 21 | | Transportation Code, and who acquires the vehicle either for the |
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46 | 22 | | exclusive purpose of resale in the manner provided by law or for |
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47 | 23 | | purposes allowed under Chapter 503, Transportation Code; [or] |
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48 | 24 | | (C) the sale to a franchised dealer of a new motor |
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49 | 25 | | vehicle removed from the franchised dealer's inventory for the |
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50 | 26 | | purpose of entering into a contract to lease the vehicle to another |
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51 | 27 | | person if, immediately after executing the lease contract, the |
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52 | 28 | | franchised dealer transfers title of the vehicle and assigns the |
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53 | 29 | | lease contract to the lessor of the vehicle; or |
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54 | 30 | | (D) the sale of a new motor vehicle in which the |
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55 | 31 | | purchaser is a manufacturer or distributor as those terms are |
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56 | 32 | | defined by Section 2301.002, Occupations Code, who acquires the |
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57 | 33 | | motor vehicle either for the exclusive purpose of sale in the manner |
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58 | 34 | | provided by law or for purposes allowed under Section 503.064, |
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59 | 35 | | Transportation Code. |
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60 | 36 | | SECTION 2. The change in law made by this Act does not |
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61 | 37 | | affect tax liability accruing before the effective date of this |
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62 | 38 | | Act. That liability continues in effect as if this Act had not been |
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63 | 39 | | enacted, and the former law is continued in effect for the |
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64 | 40 | | collection of taxes due and for civil and criminal enforcement of |
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65 | 41 | | the liability for those taxes. |
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66 | 42 | | SECTION 3. This Act takes effect September 1, 2015. |
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67 | | - | * * * * * |
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| 43 | + | ______________________________ ______________________________ |
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| 44 | + | President of the Senate Speaker of the House |
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| 45 | + | I certify that H.B. No. 2400 was passed by the House on April |
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| 46 | + | 29, 2015, by the following vote: Yeas 145, Nays 0, 1 present, not |
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| 47 | + | voting. |
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| 48 | + | ______________________________ |
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| 49 | + | Chief Clerk of the House |
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| 50 | + | I certify that H.B. No. 2400 was passed by the Senate on May |
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| 51 | + | 15, 2015, by the following vote: Yeas 31, Nays 0. |
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| 52 | + | ______________________________ |
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| 53 | + | Secretary of the Senate |
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| 54 | + | APPROVED: _____________________ |
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| 55 | + | Date |
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| 56 | + | _____________________ |
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| 57 | + | Governor |
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