By: Perry S.B. No. 1062
(In the Senate - Filed February 23, 2017; March 6, 2017,
read first time and referred to Committee on Transportation;
April 18, 2017, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 18, 2017,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1062 By: Perry
A BILL TO BE ENTITLED
AN ACT
relating to documentation for the transfer of a motor vehicle
title.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 [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 2. Subchapter D, Chapter 501, Transportation Code,
is amended by adding Section 501.077 to read as follows:
Sec. 501.077. FORMS; VERIFICATION. (a) The department
shall provide in electronic and paper formats and 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.
(b) This section does not require the department to certify
an electronic signature process or an electronic signature vendor
before accepting a form described by Subsection (a) that is
executed with an electronic signature.
SECTION 3. This Act takes effect January 1, 2018.
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