H.B. No. 3215
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3215 was passed by the House on April
20, 2017, by the following vote: Yeas 144, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3215 on May 26, 2017, by the following vote: Yeas 145, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3215 was passed by the Senate, with
amendments, on May 24, 2017, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor