Texas 2017 - 85th Regular

Texas Senate Bill SB1062 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Perry S.B. No. 1062
2		-	(Dean)
	1	+	S.B. No. 1062
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to documentation for the transfer of a motor vehicle
8	6		title.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. Section 501.072, Transportation Code, is amended
11	9		to read as follows:
12	10		Sec. 501.072. ODOMETER DISCLOSURE STATEMENT. (a) Except
13	11		as provided by Subsection (c), the transferor [seller] of a motor
14	12		vehicle transferred [sold] in this state shall provide to the
15	13		transferee [buyer, on a form prescribed by the department,] a
16	14		[written] disclosure of the vehicle's odometer reading at the time
17	15		of the transfer in compliance with 49 U.S.C. Section 32705 [sale.
18	16		The form must include space for the signature and printed name of
19	17		both the seller and buyer].
20	18		(b) When application for a [certificate of] title is made,
21	19		the transferee [owner] shall record the [current] odometer reading
22	20		on the application. The [written] disclosure required by
23	21		Subsection (a) must accompany the application.
24	22		(c) An odometer disclosure statement is not required for the
25	23		transfer [sale] of a motor vehicle that is exempt from odometer
26	24		disclosure requirements under 49 C.F.R. Part 580[:
27	25		[(1) has a manufacturer's rated carrying capacity of
28	26		more than two tons;
29	27		[(2) is not self-propelled;
30	28		[(3) is 10 or more years old;
31	29		[(4) is sold directly by the manufacturer to an agency
32	30		of the United States government in conformity with contractual
33	31		specifications; or
34	32		[(5) is a new motor vehicle].
35	33		(d) The department shall provide for use consistent with 49
36	34		C.F.R. Part 580:
37	35		(1) a secure power of attorney form; and
38	36		(2) a secure reassignment form for licensed motor
39	37		vehicle dealers.
40	38		(e) In this section, "transferee" and "transferor" have the
41	39		meanings assigned by 49 C.F.R. Section 580.3.
42	40		SECTION 2. Section 501.174, Transportation Code, is amended
43	41		by amending Subsection (b) and adding Subsections (d), (e), and (f)
44	42		to read as follows:
45	43		(b) Except as otherwise provided by this section, if [If] a
46	44		law requires that a document be signed, the requirement is
47	45		satisfied by an electronic signature.
48	46		(d) The department by rule shall establish a process to
49	47		accept electronic signatures on secure documents that have been
50	48		electronically signed through a system not controlled by the
51	49		department.
52	50		(e) A system used for submitting electronic signatures to
53	51		the department must verify the identity of the person
54	52		electronically signing a document and submit the document through
55	53		the electronic titling system.
56	54		(f) This section does not require the department to certify
57	55		an electronic signature process or an electronic signature vendor
58	56		before accepting a document that is executed with an electronic
59	57		signature.
60	58		SECTION 3. Not later than January 1, 2019, the Texas
61	59		Department of Motor Vehicles shall adopt rules necessary to
62	60		implement Section 501.174(d), Transportation Code, as added by this
63	61		Act.
64	62		SECTION 4. This Act takes effect January 1, 2018.
	63	+	______________________________ ______________________________
	64	+	President of the Senate Speaker of the House
	65	+	I hereby certify that S.B. No. 1062 passed the Senate on
	66	+	April 25, 2017, by the following vote: Yeas 31, Nays 0.
	67	+	______________________________
	68	+	Secretary of the Senate
	69	+	I hereby certify that S.B. No. 1062 passed the House on
	70	+	May 22, 2017, by the following vote: Yeas 144, Nays 0, two
	71	+	present not voting.
	72	+	______________________________
	73	+	Chief Clerk of the House
	74	+	Approved:
	75	+	______________________________
	76	+	Date
	77	+	______________________________
	78	+	Governor