Texas 2015 - 84th Regular

Texas House Bill HB385 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Keough H.B. No. 385
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	Re
7	7	lating to the requirement for a dealer general distinguishing
8	8	number for private sales of an automobile.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 503.024, Transportation Code, is amended
11	11	to read as follows:
12	12	EXCLUSIONS FOR DEALER. (a) A person is not required to
13	13	obtain a dealer general distinguishing number if the person:
14	14	(1) sells or offers to sell during a calendar year
15	15	fewer than twelve [five] vehicles of the same type that are owned
16	16	and registered in that person's name; or
17	17	(2) is a federal, state, or local governmental agency.
18	18	(b) For the purposes of Section 503.021, a person is not
19	19	engaging in business as a dealer by:
20	20	(1) selling or offering to sell a vehicle the person
21	21	acquired for personal or business use to a person other than a
22	22	retail buyer if the sale or offer is not made to avoid a requirement
23	23	of this chapter;
24	24	(2) selling, in a manner provided by law for the forced
25	25	sale of vehicles, a vehicle in which the person holds a security
26	26	interest;
27	27	(3) acting under a court order as a receiver, trustee,
28	28	administrator, executor, guardian, or other appointed person;
29	29	(4) selling a vehicle the person acquired from the
30	30	vehicle's owner as a result of paying an insurance claim if the
31	31	person is an insurance company;
32	32	(5) selling an antique passenger car or truck that is
33	33	at least 25 years of age; or
34	34	(6) selling a special interest vehicle that is at
35	35	least 12 years of age if the person is a collector.
36	36	(c) For the purposes of Section 503.021, a domiciliary of
37	37	another state who holds a dealer license and bond, if applicable,
38	38	issued by the other state is not engaging in business as a dealer by
39	39	buying a vehicle from, selling a vehicle to, or exchanging a vehicle
40	40	with a person who:
41	41	(1) holds a general distinguishing number issued by
42	42	the department, if the transaction is not intended to avoid a
43	43	requirement of this chapter; or
44	44	(2) is a domiciliary of another state who holds a
45	45	dealer license and bond, if applicable, issued by the other state
46	46	and the transaction is not intended to avoid a requirement of this
47	47	chapter.
48	48	(d) For the purposes of Section 503.021, a licensed
49	49	auctioneer is not engaging in business as a dealer by, as a bid
50	50	caller, selling or offering to sell property to the highest bidder
51	51	at a bona fide auction if:
52	52	(1) legal or equitable title does not pass to the
53	53	auctioneer;
54	54	(2) the auction is not held to avoid a requirement of
55	55	this chapter; and
56	56	(3) for an auction of vehicles owned legally or
57	57	equitably by a person who holds a general distinguishing number,
58	58	the auction is conducted at the location for which the general
59	59	distinguishing number was issued.
60	60	(e) In this section, "special interest vehicle" has the
61	61	meaning assigned by Section 683.077(b).
62	62	SECTION 2. This Act takes effect immediately if it receives
63	63	a vote of two-thirds of all the members elected to each house, as
64	64	provided by Section 39, Article III, Texas Constitution. If this
65	65	Act does not receive the vote necessary for immediate effect, this
66	66	Act takes effect September 1, 2015.