1 | 1 | | 85R24320 JAM-D |
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2 | 2 | | By: Pickett H.B. No. 2462 |
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3 | 3 | | Substitute the following for H.B. No. 2462: |
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4 | 4 | | By: Morrison C.S.H.B. No. 2462 |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the titling of motor vehicles; creating a criminal |
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10 | 10 | | offense and authorizing fees. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 501.002(30), Transportation Code, is |
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13 | 13 | | amended to read as follows: |
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14 | 14 | | (30) "Travel trailer" means a house trailer-type |
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15 | 15 | | vehicle or a camper trailer: |
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16 | 16 | | (A) that is a recreational vehicle defined under |
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17 | 17 | | 24 C.F.R. Section 3282.8(g); or |
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18 | 18 | | (B) that: |
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19 | 19 | | (i) is less than eight feet six inches in |
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20 | 20 | | width or 45 [40] feet in length, exclusive of any hitch installed on |
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21 | 21 | | the vehicle; |
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22 | 22 | | (ii) is designed primarily for use as |
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23 | 23 | | temporary living quarters in connection with recreational, |
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24 | 24 | | camping, travel, or seasonal use; |
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25 | 25 | | (iii) is not used as a permanent dwelling; |
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26 | 26 | | and |
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27 | 27 | | (iv) is not a utility trailer, enclosed |
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28 | 28 | | trailer, or other trailer that does not have human habitation as its |
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29 | 29 | | primary function. |
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30 | 30 | | SECTION 2. Section 501.004(b), Transportation Code, is |
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31 | 31 | | amended to read as follows: |
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32 | 32 | | (b) This chapter does not apply to: |
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33 | 33 | | (1) a farm trailer or farm semitrailer with a gross |
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34 | 34 | | vehicle weight of not more than 34,000 pounds used only for the |
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35 | 35 | | transportation of farm products if the products are not transported |
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36 | 36 | | for hire; |
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37 | 37 | | (2) the filing or recording of a lien that is created |
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38 | 38 | | only on an automobile accessory, including a tire, radio, or |
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39 | 39 | | heater; |
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40 | 40 | | (3) a motor vehicle while it is owned or operated by |
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41 | 41 | | the United States; or |
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42 | 42 | | (4) a new motor vehicle on loan to a political |
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43 | 43 | | subdivision of the state for use only in a driver education course |
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44 | 44 | | conducted by an entity exempt from licensure under Section |
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45 | 45 | | 1001.002, Education Code. |
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46 | 46 | | SECTION 3. Section 501.021(a), Transportation Code, is |
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47 | 47 | | amended to read as follows: |
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48 | 48 | | (a) A motor vehicle title issued by the department must |
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49 | 49 | | include: |
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50 | 50 | | (1) the legal name and address of each purchaser [and |
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51 | 51 | | seller at the first sale or a subsequent sale]; |
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52 | 52 | | (2) the legal name of the seller and the municipality |
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53 | 53 | | and state in which the seller is located or resides [make of the |
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54 | 54 | | motor vehicle]; |
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55 | 55 | | (3) the year, make, and body style [type] of the |
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56 | 56 | | vehicle; |
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57 | 57 | | (4) the [manufacturer's permanent] vehicle |
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58 | 58 | | identification number of the vehicle [or the vehicle's motor number |
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59 | 59 | | if the vehicle was manufactured before the date that stamping a |
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60 | 60 | | permanent identification number on a motor vehicle was universally |
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61 | 61 | | adopted]; |
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62 | 62 | | (5) if the vehicle is subject to odometer disclosure |
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63 | 63 | | under Section 501.072, the odometer reading and odometer brand as |
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64 | 64 | | recorded on the last title assignment [serial number] for the |
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65 | 65 | | vehicle; |
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66 | 66 | | (6) the name and address of each lienholder and the |
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67 | 67 | | date of each lien on the vehicle, listed in the chronological order |
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68 | 68 | | in which the lien was recorded; |
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69 | 69 | | (7) a statement indicating rights of survivorship |
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70 | 70 | | under Section 501.031; and |
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71 | 71 | | (8) [if the vehicle has an odometer, the odometer |
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72 | 72 | | reading at the time of application for the title; and |
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73 | 73 | | [(9)] any other information required by the |
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74 | 74 | | department. |
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75 | 75 | | SECTION 4. Section 501.023(a), Transportation Code, is |
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76 | 76 | | amended to read as follows: |
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77 | 77 | | (a) The owner of a motor vehicle must present identification |
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78 | 78 | | and apply for a title as prescribed by the department, unless |
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79 | 79 | | otherwise exempted by law. To obtain a title, the owner must apply: |
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80 | 80 | | (1) to the county assessor-collector in the county in |
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81 | 81 | | which: |
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82 | 82 | | (A) the owner is domiciled; or |
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83 | 83 | | (B) the motor vehicle is purchased or encumbered; |
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84 | 84 | | or |
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85 | 85 | | (2) [if the county in which the owner resides has been |
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86 | 86 | | declared by the governor as a disaster area, to the county |
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87 | 87 | | assessor-collector in one of the closest unaffected counties to a |
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88 | 88 | | county that asks for assistance and: |
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89 | 89 | | [(A) continues to be declared by the governor as |
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90 | 90 | | a disaster area because the county has been rendered inoperable by |
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91 | 91 | | the disaster; and |
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92 | 92 | | [(B) is inoperable for a protracted period of |
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93 | 93 | | time; or |
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94 | 94 | | [(3) if the county assessor-collector's office of the |
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95 | 95 | | county in which the owner resides is closed for a protracted period |
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96 | 96 | | of time as defined by the department,] to the county |
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97 | 97 | | assessor-collector of a county [that borders the county in which |
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98 | 98 | | the owner resides] who is willing [agrees] to accept the |
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99 | 99 | | application if the county assessor-collector's office of the county |
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100 | 100 | | in which the owner resides is closed or may be closed for a |
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101 | 101 | | protracted period of time as defined by the department. |
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102 | 102 | | SECTION 5. Section 501.030(a), Transportation Code, is |
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103 | 103 | | amended to read as follows: |
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104 | 104 | | (a) Before a motor vehicle that was last registered or |
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105 | 105 | | titled in another state or country may be titled in this state, the |
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106 | 106 | | county assessor-collector shall verify that the vehicle has passed |
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107 | 107 | | the inspections required by Chapter 548, as indicated in the |
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108 | 108 | | Department of Public Safety's inspection database under Section |
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109 | 109 | | 548.251, or that the owner has obtained an identification number |
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110 | 110 | | inspection in accordance with department rule. |
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111 | 111 | | SECTION 6. The heading to Section 501.032, Transportation |
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112 | 112 | | Code, is amended to read as follows: |
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113 | 113 | | Sec. 501.032. [ASSIGNMENT OF VEHICLE] IDENTIFICATION |
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114 | 114 | | NUMBER INSPECTION REQUIRED [BY DEPARTMENT]. |
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115 | 115 | | SECTION 7. Sections 501.032(a) and (b), Transportation |
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116 | 116 | | Code, are amended to read as follows: |
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117 | 117 | | (a) In addition to any requirement established by |
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118 | 118 | | department rule, a motor vehicle, trailer, or semitrailer must have |
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119 | 119 | | an identification number inspection under Section 501.0321 if: |
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120 | 120 | | (1) the department does not have a motor vehicle |
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121 | 121 | | record for the motor vehicle, trailer, or semitrailer in the |
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122 | 122 | | department's registration and title system, and the owner of the |
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123 | 123 | | motor vehicle, trailer, or semitrailer is filing a bond with the |
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124 | 124 | | department under Section 501.053; |
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125 | 125 | | (2) the motor vehicle, trailer, or semitrailer was |
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126 | 126 | | last titled or registered outside of the United States and imported |
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127 | 127 | | into the United States; or |
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128 | 128 | | (3) the owner or person claiming ownership requires an |
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129 | 129 | | assigned or reassigned identification number under Section 501.033 |
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130 | 130 | | [On proper application, the department shall assign a vehicle |
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131 | 131 | | identification number to a travel trailer, a trailer or |
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132 | 132 | | semitrailer, a frame, or an item of equipment, including a tractor, |
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133 | 133 | | farm implement, unit of special mobile equipment, or unit of |
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134 | 134 | | off-road construction equipment: |
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135 | 135 | | [(1) on which a vehicle identification number was not |
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136 | 136 | | die-stamped by the manufacturer; |
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137 | 137 | | [(2) on which a vehicle identification number |
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138 | 138 | | die-stamped by the manufacturer has been lost, removed, or |
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139 | 139 | | obliterated; or |
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140 | 140 | | [(3) for which a vehicle identification number was |
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141 | 141 | | never assigned]. |
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142 | 142 | | (b) An active duty member of a branch of the United States |
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143 | 143 | | armed forces, or an immediate family member of such a member, |
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144 | 144 | | returning to Texas with acceptable proof of the active duty status |
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145 | 145 | | is exempt from an identification number inspection required under |
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146 | 146 | | Subsection (a)(2) [The applicant shall die-stamp the assigned |
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147 | 147 | | vehicle identification number at the place designated by the |
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148 | 148 | | department on the travel trailer, trailer, semitrailer, frame, or |
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149 | 149 | | equipment]. |
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150 | 150 | | SECTION 8. Subchapter B, Chapter 501, Transportation Code, |
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151 | 151 | | is amended by adding Sections 501.0321 and 501.0322 to read as |
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152 | 152 | | follows: |
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153 | 153 | | Sec. 501.0321. IDENTIFICATION NUMBER INSPECTION. (a) An |
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154 | 154 | | inspection required under Section 501.032 must verify, as |
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155 | 155 | | applicable, the identity of: |
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156 | 156 | | (1) a motor vehicle; |
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157 | 157 | | (2) a trailer or semitrailer; |
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158 | 158 | | (3) a frame, body, or motor of a motor vehicle; or |
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159 | 159 | | (4) an item of equipment not required to be titled but |
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160 | 160 | | that may be registered under Chapter 502 or issued licensed plates |
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161 | 161 | | under Chapter 504. |
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162 | 162 | | (b) An inspection under this section may not rely solely on |
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163 | 163 | | the public identification number to verify the identity. |
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164 | 164 | | (c) An inspection under this section may be performed only |
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165 | 165 | | by a person who has successfully completed an appropriate training |
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166 | 166 | | program as determined by department rule and is: |
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167 | 167 | | (1) an auto theft investigator who is a law |
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168 | 168 | | enforcement officer of this state or a political subdivision of |
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169 | 169 | | this state; |
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170 | 170 | | (2) a person working under the direct supervision of a |
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171 | 171 | | person described by Subdivision (1); |
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172 | 172 | | (3) an employee of the department authorized by the |
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173 | 173 | | department to perform an inspection under this section; or |
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174 | 174 | | (4) an employee of the National Insurance Crime Bureau |
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175 | 175 | | authorized by the department to perform an inspection under this |
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176 | 176 | | section. |
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177 | 177 | | (d) The department shall prescribe a form on which the |
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178 | 178 | | identification number inspection is to be recorded. The department |
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179 | 179 | | may provide the form only to a person described by Subsection (c). |
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180 | 180 | | (e) The department or another entity that provides an |
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181 | 181 | | inspection under this section may impose a fee of not more than $40 |
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182 | 182 | | for the inspection. The county or municipal treasurer of a county |
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183 | 183 | | or municipal entity that provides an inspection under this section |
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184 | 184 | | shall credit the fee to the general fund of the county or |
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185 | 185 | | municipality, as applicable, to defray the entity's cost associated |
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186 | 186 | | with the inspection. If the department provides an inspection |
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187 | 187 | | under this section, the fee shall be deposited to the credit of the |
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188 | 188 | | Texas Department of Motor Vehicles fund. |
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189 | 189 | | (f) The department may not impose a fee for an inspection |
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190 | 190 | | requested by the department. The department shall include a |
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191 | 191 | | notification of the waiver to the owner at the time the department |
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192 | 192 | | requests the identification number inspection. |
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193 | 193 | | Sec. 501.0322. ALTERNATIVE IDENTIFICATION NUMBER |
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194 | 194 | | INSPECTION. The department by rule may establish a process for |
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195 | 195 | | verifying the identity of an item listed in Section 501.0321(a) as |
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196 | 196 | | an alternative to an identification number inspection under Section |
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197 | 197 | | 501.0321. The rules may include the persons authorized to perform |
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198 | 198 | | the inspection, when an alternative inspection under this section |
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199 | 199 | | is required, and any fees that may be assessed. Any fee authorized |
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200 | 200 | | must comply with Sections 501.0321(e) and (f). |
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201 | 201 | | SECTION 9. Section 501.033, Transportation Code, is amended |
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202 | 202 | | to read as follows: |
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203 | 203 | | Sec. 501.033. ASSIGNMENT AND REASSIGNMENT OF |
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204 | 204 | | IDENTIFICATION NUMBER BY DEPARTMENT. (a) If the permanent |
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205 | 205 | | identification number affixed by the manufacturer has been removed, |
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206 | 206 | | altered, or obliterated, or a permanent identification number was |
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207 | 207 | | never assigned, the department shall assign an identification |
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208 | 208 | | number to [A person determined by law enforcement or a court to be |
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209 | 209 | | the owner of] a motor vehicle, [travel trailer,] semitrailer, [or] |
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210 | 210 | | trailer, motor [a part of a motor vehicle], [travel trailer, |
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211 | 211 | | semitrailer, or trailer, a] frame, or body of a motor vehicle, or an |
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212 | 212 | | item of equipment not required to be titled but that may be |
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213 | 213 | | registered under Chapter 502 or issued license plates under Chapter |
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214 | 214 | | 504 on inspection under Section 501.0321 and application to the |
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215 | 215 | | department [including a tractor, farm implement, unit of special |
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216 | 216 | | mobile equipment, or unit of off-road construction equipment may |
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217 | 217 | | apply to the department for an assigned vehicle identification |
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218 | 218 | | number that has been removed, altered, obliterated, or has never |
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219 | 219 | | been assigned]. |
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220 | 220 | | (b) An application under this section must be in a manner |
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221 | 221 | | prescribed by the department and accompanied by valid evidence of |
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222 | 222 | | ownership in the name of, or properly assigned to, the applicant as |
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223 | 223 | | required by the department. |
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224 | 224 | | (c) A fee of $2 must accompany each application under this |
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225 | 225 | | section to be deposited in the Texas Department of Motor Vehicles |
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226 | 226 | | fund. |
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227 | 227 | | (d) The assigned [vehicle] identification number shall be |
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228 | 228 | | die-stamped or otherwise affixed in the manner and location |
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229 | 229 | | designated by the department. |
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230 | 230 | | (e) The department shall reassign an original |
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231 | 231 | | manufacturer's identification number only if the person who |
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232 | 232 | | conducts the inspection under Section 501.0321 determines that the |
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233 | 233 | | permanent identification number affixed by the manufacturer has |
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234 | 234 | | been removed, altered, or obliterated [If the auto theft unit of a |
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235 | 235 | | county or municipal law enforcement agency conducts an inspection |
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236 | 236 | | required by the department under this section, the agency may |
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237 | 237 | | impose a fee of $40. The county or municipal treasurer shall credit |
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238 | 238 | | the fee to the general fund of the county or municipality, as |
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239 | 239 | | applicable, to defray the agency's cost associated with the |
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240 | 240 | | inspection. The fee shall be waived by the department or agency |
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241 | 241 | | imposing the fee if the person applying under this section is the |
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242 | 242 | | current registered owner]. |
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243 | 243 | | (f) If the department reassigns a manufacturer's |
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244 | 244 | | identification number, a representative of the department shall |
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245 | 245 | | affix the number in a manner and location designated by the |
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246 | 246 | | department. |
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247 | 247 | | (g) On affixing an assigned identification number or |
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248 | 248 | | witnessing the affixing of a reassigned identification number, the |
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249 | 249 | | owner or the owner's representative shall certify on a form |
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250 | 250 | | prescribed by the department that the identification number has |
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251 | 251 | | been affixed in the manner and location designated by the |
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252 | 252 | | department and shall submit the form in a manner prescribed by the |
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253 | 253 | | department. |
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254 | 254 | | (h) Only the department may issue an identification number |
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255 | 255 | | to a motor vehicle, trailer, semitrailer, motor, frame, or body of a |
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256 | 256 | | motor vehicle, or an item of equipment not required to be titled but |
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257 | 257 | | that may be registered under Chapter 502 or issued license plates |
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258 | 258 | | under Chapter 504. The department may not recognize an |
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259 | 259 | | identification number assigned by any other agency or political |
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260 | 260 | | subdivision of this state. |
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261 | 261 | | SECTION 10. Section 501.036, Transportation Code, is |
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262 | 262 | | amended to read as follows: |
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263 | 263 | | Sec. 501.036. TITLE FOR FARM TRAILER OR FARM SEMITRAILER. |
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264 | 264 | | (a) Notwithstanding any other provision of this chapter, the |
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265 | 265 | | department may issue a title for a farm trailer or farm semitrailer |
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266 | 266 | | with a gross vehicle weight of not more than 34,000 [4,000] pounds |
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267 | 267 | | if[: |
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268 | 268 | | [(1) the farm semitrailer is eligible for registration |
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269 | 269 | | under Section 502.146; and |
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270 | 270 | | [(2)] all [other] requirements for issuance of a title |
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271 | 271 | | are met. |
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272 | 272 | | (b) To obtain a title under this section, the owner [of the |
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273 | 273 | | farm semitrailer] must: |
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274 | 274 | | (1) apply for the title in the manner required by |
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275 | 275 | | Section 501.023; and |
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276 | 276 | | (2) pay the fee required by Section 501.138. |
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277 | 277 | | (c) A subsequent purchaser of a farm trailer or farm |
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278 | 278 | | semitrailer titled previously under this section or in another |
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279 | 279 | | jurisdiction must obtain a title under [The department shall adopt |
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280 | 280 | | rules to implement and administer] this section. |
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281 | 281 | | SECTION 11. Section 501.037, Transportation Code, is |
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282 | 282 | | amended to read as follows: |
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283 | 283 | | Sec. 501.037. TITLE FOR TRAILERS OR SEMITRAILERS. (a) |
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284 | 284 | | Notwithstanding any other provision of this chapter, the department |
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285 | 285 | | may issue a title for a trailer or semitrailer that has a gross |
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286 | 286 | | vehicle weight of 4,000 pounds or less if all other requirements for |
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287 | 287 | | issuance of a title are met. |
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288 | 288 | | (b) To obtain a title under this section, the owner of the |
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289 | 289 | | trailer or semitrailer must: |
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290 | 290 | | (1) apply for the title in the manner required by |
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291 | 291 | | Section 501.023; and |
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292 | 292 | | (2) pay the fee required by Section 501.138. |
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293 | 293 | | (c) A subsequent purchaser of a trailer or semitrailer |
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294 | 294 | | titled previously under this section or in another jurisdiction |
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295 | 295 | | must obtain a title under this section. |
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296 | 296 | | SECTION 12. Section 501.071(a), Transportation Code, is |
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297 | 297 | | amended to read as follows: |
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298 | 298 | | (a) Except as provided by Sections 503.036 and [in Section] |
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299 | 299 | | 503.039, a motor vehicle may not be the subject of a subsequent sale |
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300 | 300 | | unless the owner designated on the title submits a transfer of |
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301 | 301 | | ownership of the title. |
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302 | 302 | | SECTION 13. Section 501.072, Transportation Code, is |
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303 | 303 | | amended to read as follows: |
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304 | 304 | | Sec. 501.072. ODOMETER DISCLOSURE STATEMENT. (a) Except |
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305 | 305 | | as provided by Subsection (c), the transferor [seller] of a motor |
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306 | 306 | | vehicle transferred [sold] in this state shall provide to the |
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307 | 307 | | transferee [buyer, on a form prescribed by the department,] a |
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308 | 308 | | [written] disclosure of the vehicle's odometer reading at the time |
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309 | 309 | | of the transfer in compliance with 49 U.S.C. Section 32705 [sale. |
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310 | 310 | | The form must include space for the signature and printed name of |
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311 | 311 | | both the seller and buyer]. |
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312 | 312 | | (b) When application for a [certificate of] title is made, |
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313 | 313 | | the transferee [owner] shall record the [current] odometer reading |
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314 | 314 | | on the application. The [written] disclosure required by |
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315 | 315 | | Subsection (a) must accompany the application. |
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316 | 316 | | (c) An odometer disclosure statement is not required for the |
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317 | 317 | | transfer [sale] of a motor vehicle that is exempt from odometer |
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318 | 318 | | disclosure requirements under 49 C.F.R. Part 580[: |
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319 | 319 | | [(1) has a manufacturer's rated carrying capacity of |
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320 | 320 | | more than two tons; |
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321 | 321 | | [(2) is not self-propelled; |
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322 | 322 | | [(3) is 10 or more years old; |
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323 | 323 | | [(4) is sold directly by the manufacturer to an agency |
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324 | 324 | | of the United States government in conformity with contractual |
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325 | 325 | | specifications; or |
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326 | 326 | | [(5) is a new motor vehicle]. |
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327 | 327 | | (d) The department shall provide for use consistent with 49 |
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328 | 328 | | C.F.R. Part 580: |
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329 | 329 | | (1) a secure power of attorney form; and |
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330 | 330 | | (2) a secure reassignment form for licensed motor |
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331 | 331 | | vehicle dealers. |
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332 | 332 | | (e) In this section, "transferee" and "transferor" have the |
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333 | 333 | | meanings assigned by 49 C.F.R. Part 580. |
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334 | 334 | | SECTION 14. Section 501.091(9), Transportation Code, is |
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335 | 335 | | amended to read as follows: |
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336 | 336 | | (9) "Nonrepairable motor vehicle" means a motor |
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337 | 337 | | vehicle [that]: |
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338 | 338 | | (A) that is damaged, wrecked, or burned to the |
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339 | 339 | | extent that the only residual value of the vehicle is as a source of |
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340 | 340 | | parts or scrap metal; [or] |
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341 | 341 | | (B) that comes into this state under a comparable |
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342 | 342 | | ownership document that indicates that the vehicle is |
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343 | 343 | | nonrepairable; |
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344 | 344 | | (C) that a salvage vehicle dealer has reported to |
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345 | 345 | | the department under Section 501.1003; |
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346 | 346 | | (D) for which an owner has surrendered evidence |
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347 | 347 | | of ownership for the purpose of dismantling, scrapping, or |
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348 | 348 | | destroying the motor vehicle; or |
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349 | 349 | | (E) that is sold for export only under Section |
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350 | 350 | | 501.099. |
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351 | 351 | | SECTION 15. Section 501.09113(a), Transportation Code, is |
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352 | 352 | | amended to read as follows: |
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353 | 353 | | (a) On receipt of a proper application from the owner of a |
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354 | 354 | | motor vehicle, the department shall issue the applicant the |
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355 | 355 | | appropriate title with any notations determined by the department |
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356 | 356 | | as necessary to describe or disclose the motor vehicle's current or |
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357 | 357 | | former condition if the [This section applies only to a] motor |
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358 | 358 | | vehicle was brought into this state from another state or |
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359 | 359 | | jurisdiction and [that] has on any title or comparable out-of-state |
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360 | 360 | | ownership document issued by the other state or jurisdiction or |
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361 | 361 | | record in the National Motor Vehicle Title Information System |
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362 | 362 | | reported by another state or jurisdiction: |
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363 | 363 | | (1) a "rebuilt," "repaired," "reconstructed," "flood |
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364 | 364 | | damage," "fire damage," "owner retained," "salvage," or similar |
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365 | 365 | | notation; or |
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366 | 366 | | (2) a "nonrepairable," "dismantle only," "parts |
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367 | 367 | | only," "junked," "scrapped," "crushed," or similar notation. |
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368 | 368 | | SECTION 16. Section 501.097(a), Transportation Code, as |
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369 | 369 | | amended by Chapters 1136 (H.B. 1422) and 1296 (H.B. 2357), Acts of |
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370 | 370 | | the 82nd Legislature, Regular Session, 2011, is reenacted to read |
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371 | 371 | | as follows: |
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372 | 372 | | (a) An application for a nonrepairable vehicle title, |
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373 | 373 | | nonrepairable record of title, salvage vehicle title, or salvage |
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374 | 374 | | record of title must: |
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375 | 375 | | (1) be made in a manner prescribed by the department |
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376 | 376 | | and accompanied by a $8 application fee; |
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377 | 377 | | (2) include, in addition to any other information |
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378 | 378 | | required by the department: |
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379 | 379 | | (A) the name and current address of the owner; |
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380 | 380 | | and |
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381 | 381 | | (B) a description of the motor vehicle, including |
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382 | 382 | | the make, style of body, model year, and vehicle identification |
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383 | 383 | | number; and |
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384 | 384 | | (3) include the name and address of: |
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385 | 385 | | (A) any currently recorded lienholder, if the |
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386 | 386 | | motor vehicle is a nonrepairable motor vehicle; or |
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387 | 387 | | (B) any currently recorded lienholder or a new |
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388 | 388 | | lienholder, if the motor vehicle is a salvage motor vehicle. |
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389 | 389 | | SECTION 17. Section 501.1001(a), Transportation Code, as |
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390 | 390 | | amended by Chapters 1136 (H.B. 1422) and 1296 (H.B. 2357), Acts of |
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391 | 391 | | the 82nd Legislature, Regular Session, 2011, is reenacted and |
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392 | 392 | | amended to read as follows: |
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393 | 393 | | (a) Except as provided by Section 501.0925, an insurance |
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394 | 394 | | company that is licensed to conduct business in this state and that |
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395 | 395 | | acquires, through payment of a claim, ownership or possession of a |
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396 | 396 | | salvage motor vehicle or nonrepairable motor vehicle [covered by a |
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397 | 397 | | certificate of title issued by this state or a manufacturer's |
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398 | 398 | | certificate of origin] shall surrender the [a] properly assigned |
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399 | 399 | | evidence of ownership and apply for the appropriate title under |
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400 | 400 | | Section 501.097 [title or manufacturer's certificate of origin to |
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401 | 401 | | the department, on a form prescribed by the department]. |
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402 | 402 | | SECTION 18. Section 501.1002(a), Transportation Code, as |
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403 | 403 | | amended by Chapters 1136 (H.B. 1422) and 1296 (H.B. 2357), Acts of |
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404 | 404 | | the 82nd Legislature, Regular Session, 2011, is reenacted to read |
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405 | 405 | | as follows: |
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406 | 406 | | (a) If an insurance company pays a claim on a nonrepairable |
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407 | 407 | | motor vehicle or salvage motor vehicle and the insurance company |
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408 | 408 | | does not acquire ownership of the motor vehicle, the insurance |
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409 | 409 | | company shall: |
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410 | 410 | | (1) submit to the department, before the 31st day |
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411 | 411 | | after the date of the payment of the claim, on the form prescribed |
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412 | 412 | | by the department, a report stating that the insurance company: |
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413 | 413 | | (A) has paid a claim on the motor vehicle; and |
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414 | 414 | | (B) has not acquired ownership of the motor |
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415 | 415 | | vehicle; and |
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416 | 416 | | (2) provide notice to the owner of the motor vehicle |
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417 | 417 | | of: |
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418 | 418 | | (A) the report required under Subdivision (1); |
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419 | 419 | | and |
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420 | 420 | | (B) the requirements for operation or transfer of |
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421 | 421 | | ownership of the motor vehicle under Subsection (b). |
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422 | 422 | | SECTION 19. Section 501.1002(b), Transportation Code, is |
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423 | 423 | | amended to read as follows: |
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424 | 424 | | (b) The owner of a salvage or nonrepairable motor vehicle |
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425 | 425 | | [to which this section applies] may not [operate or permit |
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426 | 426 | | operation of the motor vehicle on a public highway or] transfer |
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427 | 427 | | ownership of the motor vehicle by sale or otherwise unless the |
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428 | 428 | | department has issued a salvage vehicle title, salvage record of |
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429 | 429 | | title, nonrepairable vehicle title, or nonrepairable record of |
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430 | 430 | | title for the motor vehicle or a comparable ownership document has |
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431 | 431 | | been issued by another state or jurisdiction for the motor vehicle |
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432 | 432 | | in the name of the owner. |
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433 | 433 | | SECTION 20. Section 501.109, Transportation Code, is |
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434 | 434 | | amended by amending Subsections (d) and (e) and adding Subsections |
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435 | 435 | | (g) and (h) to read as follows: |
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436 | 436 | | (d) Except as provided by Subsection (e), an offense under |
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437 | 437 | | Subsection (a), (b), or (c) [this section] is a Class C misdemeanor. |
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438 | 438 | | (e) If it is shown on the trial of an offense under |
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439 | 439 | | Subsection (a), (b), or (c) [this section] that the defendant has |
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440 | 440 | | been previously convicted of: |
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441 | 441 | | (1) one offense under Subsection (a), (b), or (c) |
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442 | 442 | | [this section], the offense is a Class B misdemeanor; or |
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443 | 443 | | (2) two or more offenses under Subsection (a), (b), or |
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444 | 444 | | (c) [this section], the offense is a state jail felony. |
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445 | 445 | | (g) A person commits an offense if the person knowingly |
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446 | 446 | | provides false or incorrect information or without legal authority |
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447 | 447 | | signs the name of another person on: |
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448 | 448 | | (1) an application for a title to a nonrepairable |
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449 | 449 | | motor vehicle or salvage motor vehicle; |
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450 | 450 | | (2) an application for a certified copy of an original |
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451 | 451 | | title to a nonrepairable motor vehicle or salvage motor vehicle; |
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452 | 452 | | (3) an assignment of title for a nonrepairable motor |
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453 | 453 | | vehicle or salvage motor vehicle; |
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454 | 454 | | (4) a discharge of a lien on a title for a |
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455 | 455 | | nonrepairable motor vehicle or salvage motor vehicle; or |
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456 | 456 | | (5) any other document required by the department or |
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457 | 457 | | necessary for the transfer of ownership of a nonrepairable motor |
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458 | 458 | | vehicle or salvage motor vehicle. |
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459 | 459 | | (h) An offense under Subsection (g) is a felony of the third |
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460 | 460 | | degree. |
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461 | 461 | | SECTION 21. Effective January 1, 2019, the heading to |
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462 | 462 | | Section 501.134, Transportation Code, is amended to read as |
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463 | 463 | | follows: |
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464 | 464 | | Sec. 501.134. CERTIFIED COPY OF LOST OR DESTROYED |
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465 | 465 | | CERTIFICATE OF TITLE. |
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466 | 466 | | SECTION 22. Effective January 1, 2019, Sections 501.134(a), |
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467 | 467 | | (b), (c), and (d), Transportation Code, are amended to read as |
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468 | 468 | | follows: |
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469 | 469 | | (a) If a printed title is lost or destroyed, the owner or |
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470 | 470 | | lienholder disclosed on the title may obtain, in the manner |
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471 | 471 | | provided by this section and department rule, a certified copy of |
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472 | 472 | | the lost or destroyed title directly from the department by |
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473 | 473 | | applying in a manner prescribed by the department and paying a fee |
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474 | 474 | | of $2. A fee collected under this subsection shall be deposited to |
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475 | 475 | | the credit of the Texas Department of Motor Vehicles fund [and may |
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476 | 476 | | be spent only as provided by Section 501.138]. |
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477 | 477 | | (b) If a lien is disclosed on a title, the department may |
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478 | 478 | | issue a certified copy of the [original] title only to the first |
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479 | 479 | | lienholder or the lienholder's verified agent unless the owner has |
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480 | 480 | | original proof from the lienholder of lien satisfaction. |
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481 | 481 | | (c) The department must plainly mark "certified copy" on the |
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482 | 482 | | face of a certified copy issued under this section. [A subsequent |
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483 | 483 | | purchaser or lienholder of the vehicle only acquires the rights, |
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484 | 484 | | title, or interest in the vehicle held by the holder of the |
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485 | 485 | | certified copy.] |
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486 | 486 | | (d) A certified copy of the title that is lawfully obtained |
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487 | 487 | | under this section supersedes and invalidates any previously issued |
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488 | 488 | | title or certified copy. If the certified copy of the title is |
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489 | 489 | | later rescinded, canceled, or revoked under Section 501.051, the |
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490 | 490 | | department may revalidate a previously superseded or invalidated |
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491 | 491 | | title or certified copy of title [A purchaser or lienholder of a |
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492 | 492 | | motor vehicle having a certified copy issued under this section may |
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493 | 493 | | at the time of the purchase or establishment of the lien require |
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494 | 494 | | that the seller or owner indemnify the purchaser or lienholder and |
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495 | 495 | | all subsequent purchasers of the vehicle against any loss the |
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496 | 496 | | person may suffer because of a claim presented on the original |
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497 | 497 | | title]. |
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498 | 498 | | SECTION 23. Section 541.201(5), Transportation Code, is |
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499 | 499 | | amended to read as follows: |
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500 | 500 | | (5) "House trailer" means a trailer or semitrailer, |
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501 | 501 | | other than a towable recreational vehicle, that: |
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502 | 502 | | (A) is transportable on a highway in one or more |
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503 | 503 | | sections; |
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504 | 504 | | (B) is less than 45 [40] feet in length, |
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505 | 505 | | excluding tow bar, while in the traveling mode; |
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506 | 506 | | (C) is built on a permanent chassis; |
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507 | 507 | | (D) is designed to be used as a dwelling or for |
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508 | 508 | | commercial purposes if connected to required utilities; and |
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509 | 509 | | (E) includes plumbing, heating, |
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510 | 510 | | air-conditioning, and electrical systems. |
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511 | 511 | | SECTION 24. The following provisions of the Transportation |
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512 | 512 | | Code are repealed: |
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513 | 513 | | (1) Sections 501.032(c) and (d); and |
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514 | 514 | | (2) Section 501.09113(b). |
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515 | 515 | | SECTION 25. Except as otherwise provided by this Act, this |
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516 | 516 | | Act takes effect September 1, 2017. |
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