| 1 | 1 | | By: Dean, et al. (Senate Sponsor - Perry) H.B. No. 1693 |
|---|
| 2 | 2 | | (In the Senate - Received from the House May 8, 2017; |
|---|
| 3 | 3 | | May 11, 2017, read first time and referred to Committee on |
|---|
| 4 | 4 | | Transportation; May 17, 2017, reported favorably by the following |
|---|
| 5 | 5 | | vote: Yeas 9, Nays 0; May 17, 2017, sent to printer.) |
|---|
| 6 | 6 | | Click here to see the committee vote |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | |
|---|
| 9 | 9 | | A BILL TO BE ENTITLED |
|---|
| 10 | 10 | | AN ACT |
|---|
| 11 | 11 | | relating to documentation for a motor vehicle title. |
|---|
| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 13 | 13 | | SECTION 1. Section 152.062, Tax Code, is amended by adding |
|---|
| 14 | 14 | | Subsection (d) to read as follows: |
|---|
| 15 | 15 | | (d) A seller of a motor vehicle is not required to complete a |
|---|
| 16 | 16 | | joint statement described by this section if: |
|---|
| 17 | 17 | | (1) the seller does not hold a general distinguishing |
|---|
| 18 | 18 | | number issued under Chapter 503, Transportation Code; and |
|---|
| 19 | 19 | | (2) the seller has complied with Section 501.028 or |
|---|
| 20 | 20 | | 501.072, Transportation Code, as applicable. |
|---|
| 21 | 21 | | SECTION 2. Section 501.028, Transportation Code, is amended |
|---|
| 22 | 22 | | to read as follows: |
|---|
| 23 | 23 | | Sec. 501.028. SIGNATURES [OWNER'S SIGNATURE]. (a) On |
|---|
| 24 | 24 | | receipt of a certificate of title, the owner of a motor vehicle |
|---|
| 25 | 25 | | shall write the owner's name in ink in the space provided on the |
|---|
| 26 | 26 | | certificate. |
|---|
| 27 | 27 | | (b) Upon transfer of ownership, the seller shall complete |
|---|
| 28 | 28 | | assignment of title by signing and printing the seller's name, |
|---|
| 29 | 29 | | printing the date of transfer, and printing the purchaser's name |
|---|
| 30 | 30 | | and address on the title. |
|---|
| 31 | 31 | | SECTION 3. Section 501.072, Transportation Code, is amended |
|---|
| 32 | 32 | | to read as follows: |
|---|
| 33 | 33 | | Sec. 501.072. ODOMETER DISCLOSURE STATEMENT. (a) Except |
|---|
| 34 | 34 | | as provided by Subsection (c), the transferor [seller] of a motor |
|---|
| 35 | 35 | | vehicle transferred [sold] in this state shall provide to the |
|---|
| 36 | 36 | | transferee [buyer, on a form prescribed by the department,] a |
|---|
| 37 | 37 | | [written] disclosure of the vehicle's odometer reading at the time |
|---|
| 38 | 38 | | of the transfer in compliance with 49 U.S.C. Section 32705 [sale. |
|---|
| 39 | 39 | | The form must include space for the signature and printed name of |
|---|
| 40 | 40 | | both the seller and buyer]. |
|---|
| 41 | 41 | | (b) When application for a [certificate of] title is made, |
|---|
| 42 | 42 | | the transferee [owner] shall record the [current] odometer reading |
|---|
| 43 | 43 | | on the application. The [written] disclosure required by |
|---|
| 44 | 44 | | Subsection (a) must accompany the application. |
|---|
| 45 | 45 | | (c) An odometer disclosure statement is not required for the |
|---|
| 46 | 46 | | transfer [sale] of a motor vehicle that is exempt from odometer |
|---|
| 47 | 47 | | disclosure requirements under 49 C.F.R. Part 580 [: |
|---|
| 48 | 48 | | [(1) has a manufacturer's rated carrying capacity of |
|---|
| 49 | 49 | | more than two tons; |
|---|
| 50 | 50 | | [(2) is not self-propelled; |
|---|
| 51 | 51 | | [(3) is 10 or more years old; |
|---|
| 52 | 52 | | [(4) is sold directly by the manufacturer to an agency |
|---|
| 53 | 53 | | of the United States government in conformity with contractual |
|---|
| 54 | 54 | | specifications; or |
|---|
| 55 | 55 | | [(5) is a new motor vehicle]. |
|---|
| 56 | 56 | | (d) The department shall provide for use consistent with 49 |
|---|
| 57 | 57 | | C.F.R. Part 580: |
|---|
| 58 | 58 | | (1) a secure power of attorney form; and |
|---|
| 59 | 59 | | (2) a secure reassignment form for licensed motor |
|---|
| 60 | 60 | | vehicle dealers. |
|---|
| 61 | 61 | | (e) In this section, "transferee" and "transferor" have the |
|---|
| 62 | 62 | | meanings assigned by 49 C.F.R. Section 580.3. |
|---|
| 63 | 63 | | SECTION 4. Section 501.174, Transportation Code, is amended |
|---|
| 64 | 64 | | by amending Subsection (b) and adding Subsections (d), (e), and (f) |
|---|
| 65 | 65 | | to read as follows: |
|---|
| 66 | 66 | | (b) Except as otherwise provided by this section, if [If] a |
|---|
| 67 | 67 | | law requires that a document be signed, the requirement is |
|---|
| 68 | 68 | | satisfied by an electronic signature. |
|---|
| 69 | 69 | | (d) The department by rule shall establish a process to |
|---|
| 70 | 70 | | accept electronic signatures on secure documents which have been |
|---|
| 71 | 71 | | electronically signed through a system not controlled by the |
|---|
| 72 | 72 | | department. |
|---|
| 73 | 73 | | (e) A system used for submitting electronic signatures to |
|---|
| 74 | 74 | | the department must verify the identity of the person |
|---|
| 75 | 75 | | electronically signing a document and submit the document through |
|---|
| 76 | 76 | | the electronic titling system. |
|---|
| 77 | 77 | | (f) This section does not require the department to certify |
|---|
| 78 | 78 | | an electronic signature process or an electronic signature vendor |
|---|
| 79 | 79 | | before accepting a document that is executed with an electronic |
|---|
| 80 | 80 | | signature. |
|---|
| 81 | 81 | | SECTION 5. Not later than January 1, 2019, the Texas |
|---|
| 82 | 82 | | Department of Motor Vehicles shall adopt rules necessary to |
|---|
| 83 | 83 | | implement Section 501.174(d), Transportation Code, as added by this |
|---|
| 84 | 84 | | Act. |
|---|
| 85 | 85 | | SECTION 6. This Act takes effect January 1, 2018. |
|---|
| 86 | 86 | | * * * * * |
|---|