By: Goldman (Senate Sponsor - Schwertner) H.B. No. 3215
(In the Senate - Received from the House April 24, 2017;
May 3, 2017, read first time and referred to Committee on Business &
Commerce; May 19, 2017, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 0;
May 19, 2017, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 3215 By: Creighton
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a person to sell property without
engaging in business as a motor vehicle dealer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 503.024(b) and (d), Transportation
Code, are amended to read as follows:
(b) For the purposes of Section 503.021, a person is not
engaging in business as a dealer by:
(1) selling or offering to sell, if the sale or offer
is not made to avoid a requirement of this chapter, a vehicle the
person acquired for personal or business use to:
(A) a person other than a retail buyer if not sold
or offered through a licensed auctioneer; or
(B) any person if the sale or offer is made
through a licensed auctioneer [if the sale or offer is not made to
avoid a requirement of this chapter];
(2) selling, in a manner provided by law for the forced
sale of vehicles, a vehicle in which the person holds a security
interest;
(3) acting under a court order as a receiver, trustee,
administrator, executor, guardian, or other appointed person;
(4) selling a vehicle the person acquired from the
vehicle's owner as a result of paying an insurance claim if the
person is an insurance company;
(5) selling an antique passenger car or truck that is
at least 25 years of age; or
(6) selling a special interest vehicle that is at
least 12 years of age if the person is a collector.
(d) For the purposes of Section 503.021, a licensed
auctioneer is not engaging in business as a dealer by, as a bid
caller, selling or offering to sell property, including a business
that holds the title to any number of vehicles, to the highest
bidder at a bona fide auction if:
(1) legal or equitable title does not pass to the
auctioneer;
(2) the auction is not held to avoid a requirement of
this chapter; and
(3) for an auction of vehicles owned legally or
equitably by a person who holds a general distinguishing number,
the auction is conducted at the location for which the general
distinguishing number was issued.
SECTION 2. This Act takes effect September 1, 2017.
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