By: Dean, et al. (Senate Sponsor - Perry) H.B. No. 1693
(In the Senate - Received from the House May 8, 2017;
May 11, 2017, read first time and referred to Committee on
Transportation; May 17, 2017, reported favorably by the following
vote: Yeas 9, Nays 0; May 17, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to documentation for a motor vehicle title.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 152.062, Tax Code, is amended by adding
Subsection (d) to read as follows:
(d) A seller of a motor vehicle is not required to complete a
joint statement described by this section if:
(1) the seller does not hold a general distinguishing
number issued under Chapter 503, Transportation Code; and
(2) the seller has complied with Section 501.028 or
501.072, Transportation Code, as applicable.
SECTION 2. Section 501.028, Transportation Code, is amended
to read as follows:
Sec. 501.028. SIGNATURES [OWNER'S SIGNATURE]. (a) On
receipt of a certificate of title, the owner of a motor vehicle
shall write the owner's name in ink in the space provided on the
certificate.
(b) Upon transfer of ownership, the seller shall complete
assignment of title by signing and printing the seller's name,
printing the date of transfer, and printing the purchaser's name
and address on the title.
SECTION 3. Section 501.072, Transportation Code, is amended
to read as follows:
Sec. 501.072. ODOMETER DISCLOSURE STATEMENT. (a) Except
as provided by Subsection (c), the transferor [seller] of a motor
vehicle transferred [sold] in this state shall provide to the
transferee [buyer, on a form prescribed by the department,] a
[written] disclosure of the vehicle's odometer reading at the time
of the transfer in compliance with 49 U.S.C. Section 32705 [sale.
The form must include space for the signature and printed name of
both the seller and buyer].
(b) When application for a [certificate of] title is made,
the transferee [owner] shall record the [current] odometer reading
on the application. The [written] disclosure required by
Subsection (a) must accompany the application.
(c) An odometer disclosure statement is not required for the
transfer [sale] of a motor vehicle that is exempt from odometer
disclosure requirements under 49 C.F.R. Part 580 [:
[(1) has a manufacturer's rated carrying capacity of
more than two tons;
[(2) is not self-propelled;
[(3) is 10 or more years old;
[(4) is sold directly by the manufacturer to an agency
of the United States government in conformity with contractual
specifications; or
[(5) is a new motor vehicle].
(d) The department shall provide for use consistent with 49
C.F.R. Part 580:
(1) a secure power of attorney form; and
(2) a secure reassignment form for licensed motor
vehicle dealers.
(e) In this section, "transferee" and "transferor" have the
meanings assigned by 49 C.F.R. Section 580.3.
SECTION 4. Section 501.174, Transportation Code, is amended
by amending Subsection (b) and adding Subsections (d), (e), and (f)
to read as follows:
(b) Except as otherwise provided by this section, if [If] a
law requires that a document be signed, the requirement is
satisfied by an electronic signature.
(d) The department by rule shall establish a process to
accept electronic signatures on secure documents which have been
electronically signed through a system not controlled by the
department.
(e) A system used for submitting electronic signatures to
the department must verify the identity of the person
electronically signing a document and submit the document through
the electronic titling system.
(f) This section does not require the department to certify
an electronic signature process or an electronic signature vendor
before accepting a document that is executed with an electronic
signature.
SECTION 5. Not later than January 1, 2019, the Texas
Department of Motor Vehicles shall adopt rules necessary to
implement Section 501.174(d), Transportation Code, as added by this
Act.
SECTION 6. This Act takes effect January 1, 2018.
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