Texas 2017 - 85th Regular

Texas Senate Bill SB2076 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2076
	1	+	By: Rodríguez S.B. No. 2076
	2	+	(Pickett)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the titling of motor vehicles; creating a criminal
6	8		offense and authorizing fees.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8		-	SECTION 1. Section 152.062, Tax Code, is amended by adding
9		-	Subsection (d) to read as follows:
10		-	(d) A seller of a motor vehicle is not required to complete a
11		-	joint statement described by this section if:
12		-	(1) the seller does not hold a general distinguishing
13		-	number issued under Chapter 503, Transportation Code; and
14		-	(2) the seller has complied with Section 501.028 or
15		-	501.072, Transportation Code, as applicable.
16		-	SECTION 2. Section 501.002(30), Transportation Code, is
	10	+	SECTION 1. Section 501.002(30), Transportation Code, is
17	11		amended to read as follows:
18	12		(30) "Travel trailer" means a house trailer-type
19	13		vehicle or a camper trailer:
20	14		(A) that is a recreational vehicle defined under
21	15		24 C.F.R. Section 3282.8(g); or
22	16		(B) that:
23	17		(i) is less than eight feet six inches in
24	18		width or 45 [40] feet in length, exclusive of any hitch installed on
25	19		the vehicle;
26	20		(ii) is designed primarily for use as
27	21		temporary living quarters in connection with recreational,
28	22		camping, travel, or seasonal use;
29	23		(iii) is not used as a permanent dwelling;
30	24		and
31	25		(iv) is not a utility trailer, enclosed
32	26		trailer, or other trailer that does not have human habitation as its
33	27		primary function.
34		-	SECTION 3. Section 501.004(b), Transportation Code, is
	28	+	SECTION 2. Section 501.004(b), Transportation Code, is
35	29		amended to read as follows:
36	30		(b) This chapter does not apply to:
37	31		(1) a farm trailer or farm semitrailer with a gross
38	32		vehicle weight of not more than 34,000 pounds used only for the
39	33		transportation of farm products if the products are not transported
40	34		for hire;
41	35		(2) the filing or recording of a lien that is created
42	36		only on an automobile accessory, including a tire, radio, or
43	37		heater;
44	38		(3) a motor vehicle while it is owned or operated by
45	39		the United States; or
46	40		(4) a new motor vehicle on loan to a political
47	41		subdivision of the state for use only in a driver education course
48	42		conducted by an entity exempt from licensure under Section
49	43		1001.002, Education Code.
50		-	SECTION 4. Section 501.021(a), Transportation Code, is
	44	+	SECTION 3. Section 501.021(a), Transportation Code, is
51	45		amended to read as follows:
52	46		(a) A motor vehicle title issued by the department must
53	47		include:
54	48		(1) the legal name and address of each purchaser [and
55	49		seller at the first sale or a subsequent sale];
56	50		(2) the legal name of the seller and the municipality
57	51		and state in which the seller is located or resides [make of the
58	52		motor vehicle];
59	53		(3) the year, make, and body style [type] of the
60	54		vehicle;
61	55		(4) the [manufacturer's permanent] vehicle
62	56		identification number of the vehicle [or the vehicle's motor number
63	57		if the vehicle was manufactured before the date that stamping a
64	58		permanent identification number on a motor vehicle was universally
65	59		adopted];
66	60		(5) if the vehicle is subject to odometer disclosure
67	61		under Section 501.072, the odometer reading and odometer brand as
68	62		recorded on the last title assignment [serial number] for the
69	63		vehicle;
70	64		(6) the name and address of each lienholder and the
71	65		date of each lien on the vehicle, listed in the chronological order
72	66		in which the lien was recorded;
73	67		(7) a statement indicating rights of survivorship
74	68		under Section 501.031; and
75	69		(8) [if the vehicle has an odometer, the odometer
76	70		reading at the time of application for the title; and
77	71		[(9)] any other information required by the
78	72		department.
79		-	SECTION 5. Section 501.023(a), Transportation Code, is
	73	+	SECTION 4. Section 501.023(a), Transportation Code, is
80	74		amended to read as follows:
81	75		(a) The owner of a motor vehicle must present identification
82	76		and apply for a title as prescribed by the department, unless
83	77		otherwise exempted by law. To obtain a title, the owner must apply:
84	78		(1) to the county assessor-collector in the county in
85	79		which:
86	80		(A) the owner is domiciled; or
87	81		(B) the motor vehicle is purchased or encumbered;
88	82		or
89	83		(2) [if the county in which the owner resides has been
90	84		declared by the governor as a disaster area, to the county
91	85		assessor-collector in one of the closest unaffected counties to a
92	86		county that asks for assistance and:
93	87		[(A) continues to be declared by the governor as
94	88		a disaster area because the county has been rendered inoperable by
95	89		the disaster; and
96	90		[(B) is inoperable for a protracted period of
97	91		time; or
98	92		[(3) if the county assessor-collector's office of the
99	93		county in which the owner resides is closed for a protracted period
100	94		of time as defined by the department,] to the county
101	95		assessor-collector of a county [that borders the county in which
102	96		the owner resides] who is willing [agrees] to accept the
103	97		application if the county assessor-collector's office of the county
104	98		in which the owner resides is closed or may be closed for a
105	99		protracted period of time as defined by the department.
106		-	SECTION 6. Section 501.028, Transportation Code, is amended
107		-	to read as follows:
108		-	Sec. 501.028. SIGNATURES [OWNER'S SIGNATURE]. (a) On
109		-	receipt of a certificate of title, the owner of a motor vehicle
110		-	shall write the owner's name in ink in the space provided on the
111		-	certificate.
112		-	(b) Upon transfer of ownership, the seller shall complete
113		-	assignment of title by signing and printing the seller's name,
114		-	printing the date of transfer, and printing the purchaser's name
115		-	and address on the title.
116		-	SECTION 7. Section 501.030(a), Transportation Code, is
	100	+	SECTION 5. Section 501.030(a), Transportation Code, is
117	101		amended to read as follows:
118	102		(a) Before a motor vehicle that was last registered or
119	103		titled in another state or country may be titled in this state, the
120	104		county assessor-collector shall verify that the vehicle has passed
121	105		the inspections required by Chapter 548, as indicated in the
122	106		Department of Public Safety's inspection database under Section
123	107		548.251, or that the owner has obtained an identification number
124	108		inspection in accordance with department rule.
125		-	SECTION 8. The heading to Section 501.032, Transportation
	109	+	SECTION 6. The heading to Section 501.032, Transportation
126	110		Code, is amended to read as follows:
127	111		Sec. 501.032. [ASSIGNMENT OF VEHICLE] IDENTIFICATION
128	112		NUMBER INSPECTION REQUIRED [BY DEPARTMENT].
129		-	SECTION 9. Sections 501.032(a) and (b), Transportation
	113	+	SECTION 7. Sections 501.032(a) and (b), Transportation
130	114		Code, are amended to read as follows:
131	115		(a) In addition to any requirement established by
132	116		department rule, a motor vehicle, trailer, or semitrailer must have
133	117		an identification number inspection under Section 501.0321 if:
134	118		(1) the department does not have a motor vehicle
135	119		record for the motor vehicle, trailer, or semitrailer in the
136	120		department's registration and title system, and the owner of the
137	121		motor vehicle, trailer, or semitrailer is filing a bond with the
138	122		department under Section 501.053;
139	123		(2) the motor vehicle, trailer, or semitrailer was
140	124		last titled or registered outside of the United States and imported
141	125		into the United States; or
142	126		(3) the owner or person claiming ownership requires an
143	127		assigned or reassigned identification number under Section 501.033
144	128		[On proper application, the department shall assign a vehicle
145	129		identification number to a travel trailer, a trailer or
146	130		semitrailer, a frame, or an item of equipment, including a tractor,
147	131		farm implement, unit of special mobile equipment, or unit of
148	132		off-road construction equipment:
149	133		[(1) on which a vehicle identification number was not
150	134		die-stamped by the manufacturer;
151	135		[(2) on which a vehicle identification number
152	136		die-stamped by the manufacturer has been lost, removed, or
153	137		obliterated; or
154	138		[(3) for which a vehicle identification number was
155	139		never assigned].
156	140		(b) An active duty member of a branch of the United States
157	141		armed forces, or an immediate family member of such a member,
158	142		returning to Texas with acceptable proof of the active duty status
159	143		is exempt from an identification number inspection required under
160	144		Subsection (a)(2) [The applicant shall die-stamp the assigned
161	145		vehicle identification number at the place designated by the
162	146		department on the travel trailer, trailer, semitrailer, frame, or
163	147		equipment].
164		-	SECTION 10. Subchapter B, Chapter 501, Transportation Code,
	148	+	SECTION 8. Subchapter B, Chapter 501, Transportation Code,
165	149		is amended by adding Sections 501.0321 and 501.0322 to read as
166	150		follows:
167	151		Sec. 501.0321. IDENTIFICATION NUMBER INSPECTION. (a) An
168	152		inspection required under Section 501.032 must verify, as
169	153		applicable, the identity of:
170	154		(1) a motor vehicle;
171	155		(2) a trailer or semitrailer;
172	156		(3) a frame, body, or motor of a motor vehicle; or
173	157		(4) an item of equipment not required to be titled but
174	158		that may be registered under Chapter 502 or issued licensed plates
175	159		under Chapter 504.
176	160		(b) An inspection under this section may not rely solely on
177	161		the public identification number to verify the identity.
178	162		(c) An inspection under this section may be performed only
179	163		by a person who has successfully completed an appropriate training
180	164		program as determined by department rule and is:
181	165		(1) an auto theft investigator who is a law
182	166		enforcement officer of this state or a political subdivision of
183	167		this state;
184	168		(2) a person working under the direct supervision of a
185	169		person described by Subdivision (1);
186	170		(3) an employee of the department authorized by the
187	171		department to perform an inspection under this section; or
188	172		(4) an employee of the National Insurance Crime Bureau
189	173		authorized by the department to perform an inspection under this
190	174		section.
191	175		(d) The department shall prescribe a form on which the
192	176		identification number inspection is to be recorded. The department
193	177		may provide the form only to a person described by Subsection (c).
194	178		(e) The department or another entity that provides an
195	179		inspection under this section may impose a fee of not more than $40
196	180		for the inspection. The county or municipal treasurer of a county
197	181		or municipal entity that provides an inspection under this section
198	182		shall credit the fee to the general fund of the county or
199	183		municipality, as applicable, to defray the entity's cost associated
200	184		with the inspection. If the department provides an inspection
201	185		under this section, the fee shall be deposited to the credit of the
202	186		Texas Department of Motor Vehicles fund.
203	187		(f) The department may not impose a fee for an inspection
204	188		requested by the department. The department shall include a
205	189		notification of the waiver to the owner at the time the department
206	190		requests the identification number inspection.
207	191		Sec. 501.0322. ALTERNATIVE IDENTIFICATION NUMBER
208	192		INSPECTION. The department by rule may establish a process for
209	193		verifying the identity of an item listed in Section 501.0321(a) as
210	194		an alternative to an identification number inspection under Section
211	195		501.0321. The rules may include the persons authorized to perform
212	196		the inspection, when an alternative inspection under this section
213	197		is required, and any fees that may be assessed. Any fee authorized
214	198		must comply with Sections 501.0321(e) and (f).
215		-	SECTION 11. Section 501.033, Transportation Code, is
216		-	~~amended~~ to read as follows:
	199	+	SECTION 9. Section 501.033, Transportation Code, is amended
	200	+	to read as follows:
217	201		Sec. 501.033. ASSIGNMENT AND REASSIGNMENT OF
218	202		IDENTIFICATION NUMBER BY DEPARTMENT. (a) If the permanent
219	203		identification number affixed by the manufacturer has been removed,
220	204		altered, or obliterated, or a permanent identification number was
221	205		never assigned, the department shall assign an identification
222	206		number to [A person determined by law enforcement or a court to be
223	207		the owner of] a motor vehicle, [travel trailer,] semitrailer, [or]
224	208		trailer, motor [a part of a motor vehicle], [travel trailer,
225	209		semitrailer, or trailer, a] frame, or body of a motor vehicle, or an
226	210		item of equipment not required to be titled but that may be
227	211		registered under Chapter 502 or issued license plates under Chapter
228	212		504 on inspection under Section 501.0321 and application to the
229	213		department [including a tractor, farm implement, unit of special
230	214		mobile equipment, or unit of off-road construction equipment may
231	215		apply to the department for an assigned vehicle identification
232	216		number that has been removed, altered, obliterated, or has never
233	217		been assigned].
234	218		(b) An application under this section must be in a manner
235	219		prescribed by the department and accompanied by valid evidence of
236	220		ownership in the name of, or properly assigned to, the applicant as
237	221		required by the department.
238	222		(c) A fee of $2 must accompany each application under this
239	223		section to be deposited in the Texas Department of Motor Vehicles
240	224		fund.
241	225		(d) The assigned [vehicle] identification number shall be
242	226		die-stamped or otherwise affixed in the manner and location
243	227		designated by the department.
244	228		(e) The department shall reassign an original
245	229		manufacturer's identification number only if the person who
246	230		conducts the inspection under Section 501.0321 determines that the
247	231		permanent identification number affixed by the manufacturer has
248	232		been removed, altered, or obliterated [If the auto theft unit of a
249	233		county or municipal law enforcement agency conducts an inspection
250	234		required by the department under this section, the agency may
251	235		impose a fee of $40. The county or municipal treasurer shall credit
252	236		the fee to the general fund of the county or municipality, as
253	237		applicable, to defray the agency's cost associated with the
254	238		inspection. The fee shall be waived by the department or agency
255	239		imposing the fee if the person applying under this section is the
256	240		current registered owner].
257	241		(f) If the department reassigns a manufacturer's
258	242		identification number, a representative of the department shall
259	243		affix the number in a manner and location designated by the
260	244		department.
261	245		(g) On affixing an assigned identification number or
262	246		witnessing the affixing of a reassigned identification number, the
263	247		owner or the owner's representative shall certify on a form
264	248		prescribed by the department that the identification number has
265	249		been affixed in the manner and location designated by the
266	250		department and shall submit the form in a manner prescribed by the
267	251		department.
268	252		(h) Only the department may issue an identification number
269	253		to a motor vehicle, trailer, semitrailer, motor, frame, or body of a
270	254		motor vehicle, or an item of equipment not required to be titled but
271	255		that may be registered under Chapter 502 or issued license plates
272	256		under Chapter 504. The department may not recognize an
273	257		identification number assigned by any other agency or political
274	258		subdivision of this state.
275		-	SECTION 12. Section 501.036, Transportation Code, is
	259	+	SECTION 10. Section 501.036, Transportation Code, is
276	260		amended to read as follows:
277	261		Sec. 501.036. TITLE FOR FARM TRAILER OR FARM SEMITRAILER.
278	262		(a) Notwithstanding any other provision of this chapter, the
279	263		department may issue a title for a farm trailer or farm semitrailer
280	264		with a gross vehicle weight of not more than 34,000 [4,000] pounds
281	265		if[:
282	266		[(1) the farm semitrailer is eligible for registration
283	267		under Section 502.146; and
284	268		[(2)] all [other] requirements for issuance of a title
285	269		are met.
286	270		(b) To obtain a title under this section, the owner [of the
287	271		farm semitrailer] must:
288	272		(1) apply for the title in the manner required by
289	273		Section 501.023; and
290	274		(2) pay the fee required by Section 501.138.
291	275		(c) A subsequent purchaser of a farm trailer or farm
292	276		semitrailer titled previously under this section or in another
293	277		jurisdiction must obtain a title under [The department shall adopt
294	278		rules to implement and administer] this section.
295		-	SECTION 13. Section 501.037, Transportation Code, is
	279	+	SECTION 11. Section 501.037, Transportation Code, is
296	280		amended to read as follows:
297	281		Sec. 501.037. TITLE FOR TRAILERS OR SEMITRAILERS.
298	282		(a) Notwithstanding any other provision of this chapter, the
299	283		department may issue a title for a trailer or semitrailer that has a
300	284		gross vehicle weight of 4,000 pounds or less if all other
301	285		requirements for issuance of a title are met.
302	286		(b) To obtain a title under this section, the owner of the
303	287		trailer or semitrailer must:
304	288		(1) apply for the title in the manner required by
305	289		Section 501.023; and
306	290		(2) pay the fee required by Section 501.138.
307	291		(c) A subsequent purchaser of a trailer or semitrailer
308	292		titled previously under this section or in another jurisdiction
309	293		must obtain a title under this section.
310		-	SECTION 14. Section 501.071(a), Transportation Code, is
	294	+	SECTION 12. Section 501.071(a), Transportation Code, is
311	295		amended to read as follows:
312	296		(a) Except as provided by Sections 503.036 and [in Section]
313	297		503.039, a motor vehicle may not be the subject of a subsequent sale
314	298		unless the owner designated on the title submits a transfer of
315	299		ownership of the title.
316		-	SECTION 15. Section 501.072, Transportation Code, is
	300	+	SECTION 13. Section 501.072, Transportation Code, is
317	301		amended to read as follows:
318	302		Sec. 501.072. ODOMETER DISCLOSURE STATEMENT. (a) Except
319	303		as provided by Subsection (c), the transferor [seller] of a motor
320	304		vehicle transferred [sold] in this state shall provide to the
321	305		transferee [buyer, on a form prescribed by the department,] a
322	306		[written] disclosure of the vehicle's odometer reading at the time
323	307		of the transfer in compliance with 49 U.S.C. Section 32705 [sale.
324	308		The form must include space for the signature and printed name of
325	309		both the seller and buyer].
326	310		(b) When application for a [certificate of] title is made,
327	311		the transferee [owner] shall record the [current] odometer reading
328	312		on the application. The [written] disclosure required by
329	313		Subsection (a) must accompany the application.
330	314		(c) An odometer disclosure statement is not required for the
331	315		transfer [sale] of a motor vehicle that is exempt from odometer
332	316		disclosure requirements under 49 C.F.R. Part 580[:
333	317		[(1) has a manufacturer's rated carrying capacity of
334	318		more than two tons;
335	319		[(2) is not self-propelled;
336	320		[(3) is 10 or more years old;
337	321		[(4) is sold directly by the manufacturer to an agency
338	322		of the United States government in conformity with contractual
339	323		specifications; or
340	324		[(5) is a new motor vehicle].
341	325		(d) The department shall provide for use consistent with 49
342	326		C.F.R. Part 580:
343	327		(1) a secure power of attorney form; and
344	328		(2) a secure reassignment form for licensed motor
345	329		vehicle dealers.
346	330		(e) In this section, "transferee" and "transferor" have the
347	331		meanings assigned by 49 C.F.R. Part 580.
348		-	SECTION 16. Section 501.091(9), Transportation Code, is
	332	+	SECTION 14. Section 501.091(9), Transportation Code, is
349	333		amended to read as follows:
350	334		(9) "Nonrepairable motor vehicle" means a motor
351	335		vehicle [that]:
352	336		(A) that is damaged, wrecked, or burned to the
353	337		extent that the only residual value of the vehicle is as a source of
354	338		parts or scrap metal; [or]
355	339		(B) that comes into this state under a comparable
356	340		ownership document that indicates that the vehicle is
357	341		nonrepairable;
358	342		(C) that a salvage vehicle dealer has reported to
359	343		the department under Section 501.1003;
360	344		(D) for which an owner has surrendered evidence
361	345		of ownership for the purpose of dismantling, scrapping, or
362	346		destroying the motor vehicle; or
363	347		(E) that is sold for export only under Section
364	348		501.099.
365		-	SECTION 17. Section 501.09113(a), Transportation Code, is
	349	+	SECTION 15. Section 501.09113(a), Transportation Code, is
366	350		amended to read as follows:
367	351		(a) On receipt of a proper application from the owner of a
368	352		motor vehicle, the department shall issue the applicant the
369	353		appropriate title with any notations determined by the department
370	354		as necessary to describe or disclose the motor vehicle's current or
371	355		former condition if the [This section applies only to a] motor
372	356		vehicle was brought into this state from another state or
373	357		jurisdiction and [that] has on any title or comparable out-of-state
374	358		ownership document issued by the other state or jurisdiction or
375	359		record in the National Motor Vehicle Title Information System
376	360		reported by another state or jurisdiction:
377	361		(1) a "rebuilt," "repaired," "reconstructed," "flood
378	362		damage," "fire damage," "owner retained," "salvage," or similar
379	363		notation; or
380	364		(2) a "nonrepairable," "dismantle only," "parts
381	365		only," "junked," "scrapped," "crushed," or similar notation.
382		-	SECTION 18. Section 501.097(a), Transportation Code, as
	366	+	SECTION 16. Section 501.097(a), Transportation Code, as
383	367		amended by Chapters 1136 (H.B. 1422) and 1296 (H.B. 2357), Acts of
384	368		the 82nd Legislature, Regular Session, 2011, is reenacted to read
385	369		as follows:
386	370		(a) An application for a nonrepairable vehicle title,
387	371		nonrepairable record of title, salvage vehicle title, or salvage
388	372		record of title must:
389	373		(1) be made in a manner prescribed by the department
390	374		and accompanied by a $8 application fee;
391	375		(2) include, in addition to any other information
392	376		required by the department:
393	377		(A) the name and current address of the owner;
394	378		and
395	379		(B) a description of the motor vehicle, including
396	380		the make, style of body, model year, and vehicle identification
397	381		number; and
398	382		(3) include the name and address of:
399	383		(A) any currently recorded lienholder, if the
400	384		motor vehicle is a nonrepairable motor vehicle; or
401	385		(B) any currently recorded lienholder or a new
402	386		lienholder, if the motor vehicle is a salvage motor vehicle.
403		-	SECTION 19. Section 501.1001(a), Transportation Code, as
	387	+	SECTION 17. Section 501.1001(a), Transportation Code, as
404	388		amended by Chapters 1136 (H.B. 1422) and 1296 (H.B. 2357), Acts of
405	389		the 82nd Legislature, Regular Session, 2011, is reenacted and
406	390		amended to read as follows:
407	391		(a) Except as provided by Section 501.0925, an insurance
408	392		company that is licensed to conduct business in this state and that
409	393		acquires, through payment of a claim, ownership or possession of a
410	394		salvage motor vehicle or nonrepairable motor vehicle [covered by a
411	395		certificate of title issued by this state or a manufacturer's
412	396		certificate of origin] shall surrender the [a] properly assigned
413	397		evidence of ownership and apply for the appropriate title under
414	398		Section 501.097 [title or manufacturer's certificate of origin to
415	399		the department, on a form prescribed by the department].
416		-	SECTION 20. Section 501.1002(a), Transportation Code, as
	400	+	SECTION 18. Section 501.1002(a), Transportation Code, as
417	401		amended by Chapters 1136 (H.B. 1422) and 1296 (H.B. 2357), Acts of
418	402		the 82nd Legislature, Regular Session, 2011, is reenacted to read
419	403		as follows:
420	404		(a) If an insurance company pays a claim on a nonrepairable
421	405		motor vehicle or salvage motor vehicle and the insurance company
422	406		does not acquire ownership of the motor vehicle, the insurance
423	407		company shall:
424	408		(1) submit to the department, before the 31st day
425	409		after the date of the payment of the claim, on the form prescribed
426	410		by the department, a report stating that the insurance company:
427	411		(A) has paid a claim on the motor vehicle; and
428	412		(B) has not acquired ownership of the motor
429	413		vehicle; and
430	414		(2) provide notice to the owner of the motor vehicle
431	415		of:
432	416		(A) the report required under Subdivision (1);
433	417		and
434	418		(B) the requirements for operation or transfer of
435	419		ownership of the motor vehicle under Subsection (b).
436		-	SECTION 21. Section 501.1002(b), Transportation Code, is
	420	+	SECTION 19. Section 501.1002(b), Transportation Code, is
437	421		amended to read as follows:
438	422		(b) The owner of a salvage or nonrepairable motor vehicle
439	423		[to which this section applies] may not [operate or permit
440	424		operation of the motor vehicle on a public highway or] transfer
441	425		ownership of the motor vehicle by sale or otherwise unless the
442	426		department has issued a salvage vehicle title, salvage record of
443	427		title, nonrepairable vehicle title, or nonrepairable record of
444	428		title for the motor vehicle or a comparable ownership document has
445	429		been issued by another state or jurisdiction for the motor vehicle
446	430		in the name of the owner.
447		-	SECTION 22. Section 501.109, Transportation Code, is
	431	+	SECTION 20. Section 501.109, Transportation Code, is
448	432		amended by amending Subsections (d) and (e) and adding Subsections
449	433		(g) and (h) to read as follows:
450	434		(d) Except as provided by Subsection (e), an offense under
451	435		Subsection (a), (b), or (c) [this section] is a Class C misdemeanor.
452	436		(e) If it is shown on the trial of an offense under
453	437		Subsection (a), (b), or (c) [this section] that the defendant has
454	438		been previously convicted of:
455	439		(1) one offense under Subsection (a), (b), or (c)
456	440		[this section], the offense is a Class B misdemeanor; or
457	441		(2) two or more offenses under Subsection (a), (b), or
458	442		(c) [this section], the offense is a state jail felony.
459	443		(g) A person commits an offense if the person knowingly
460	444		provides false or incorrect information or without legal authority
461	445		signs the name of another person on:
462	446		(1) an application for a title to a nonrepairable
463	447		motor vehicle or salvage motor vehicle;
464	448		(2) an application for a certified copy of an original
465	449		title to a nonrepairable motor vehicle or salvage motor vehicle;
466	450		(3) an assignment of title for a nonrepairable motor
467	451		vehicle or salvage motor vehicle;
468	452		(4) a discharge of a lien on a title for a
469	453		nonrepairable motor vehicle or salvage motor vehicle; or
470	454		(5) any other document required by the department or
471	455		necessary for the transfer of ownership of a nonrepairable motor
472	456		vehicle or salvage motor vehicle.
473	457		(h) An offense under Subsection (g) is a felony of the third
474	458		degree.
475		-	SECTION 23. Effective January 1, 2019, the heading to
	459	+	SECTION 21. Effective January 1, 2019, the heading to
476	460		Section 501.134, Transportation Code, is amended to read as
477	461		follows:
478	462		Sec. 501.134. CERTIFIED COPY OF LOST OR DESTROYED
479	463		CERTIFICATE OF TITLE.
480		-	SECTION 24. Effective January 1, 2019, Sections 501.134(a),
	464	+	SECTION 22. Effective January 1, 2019, Sections 501.134(a),
481	465		(b), (c), and (d), Transportation Code, are amended to read as
482	466		follows:
483	467		(a) If a printed title is lost or destroyed, the owner or
484	468		lienholder disclosed on the title may obtain, in the manner
485	469		provided by this section and department rule, a certified copy of
486	470		the lost or destroyed title directly from the department by
487	471		applying in a manner prescribed by the department and paying a fee
488	472		of $2. A fee collected under this subsection shall be deposited to
489	473		the credit of the Texas Department of Motor Vehicles fund [and may
490	474		be spent only as provided by Section 501.138].
491	475		(b) If a lien is disclosed on a title, the department may
492	476		issue a certified copy of the [original] title only to the first
493	477		lienholder or the lienholder's verified agent unless the owner has
494	478		original proof from the lienholder of lien satisfaction.
495	479		(c) The department must plainly mark "certified copy" on the
496	480		face of a certified copy issued under this section. [A subsequent
497	481		purchaser or lienholder of the vehicle only acquires the rights,
498	482		title, or interest in the vehicle held by the holder of the
499	483		certified copy.]
500	484		(d) A certified copy of the title that is lawfully obtained
501	485		under this section supersedes and invalidates any previously issued
502	486		title or certified copy. If the certified copy of the title is
503	487		later rescinded, canceled, or revoked under Section 501.051, the
504	488		department may revalidate a previously superseded or invalidated
505	489		title or certified copy of title [A purchaser or lienholder of a
506	490		motor vehicle having a certified copy issued under this section may
507	491		at the time of the purchase or establishment of the lien require
508	492		that the seller or owner indemnify the purchaser or lienholder and
509	493		all subsequent purchasers of the vehicle against any loss the
510	494		person may suffer because of a claim presented on the original
511	495		title].
512		-	SECTION 25. Section 541.201(5), Transportation Code, is
	496	+	SECTION 23. Section 541.201(5), Transportation Code, is
513	497		amended to read as follows:
514	498		(5) "House trailer" means a trailer or semitrailer,
515	499		other than a towable recreational vehicle, that:
516	500		(A) is transportable on a highway in one or more
517	501		sections;
518	502		(B) is less than 45 [40] feet in length,
519	503		excluding tow bar, while in the traveling mode;
520	504		(C) is built on a permanent chassis;
521	505		(D) is designed to be used as a dwelling or for
522	506		commercial purposes if connected to required utilities; and
523	507		(E) includes plumbing, heating,
524	508		air-conditioning, and electrical systems.
525		-	SECTION 26. The following provisions of the Transportation
	509	+	SECTION 24. The following provisions of the Transportation
526	510		Code are repealed:
527	511		(1) Sections 501.032(c) and (d); and
528	512		(2) Section 501.09113(b).
529		-	SECTION 27. Not later than December 31, 2018, the
530		-	Department of Public Safety and the Texas Department of Motor
531		-	Vehicles shall:
532		-	(1) conduct a study on the efficiency and necessity of
533		-	the titling, including actions related to titling such as
534		-	registration, and inspection of vehicles in this state; and
535		-	(2) submit to the legislature a report on the results
536		-	of the study that includes:
537		-	(A) identification of any elements of the vehicle
538		-	titling, including actions related to titling such as registration,
539		-	and inspection programs that can be eliminated; and
540		-	(B) recommendations for legislation to eliminate
541		-	those elements.
542		-	SECTION 28. Except as otherwise provided by this Act, this
	513	+	SECTION 25. Except as otherwise provided by this Act, this
543	514		Act takes effect September 1, 2017.
544		-	______________________________ ______________________________
545		-	President of the Senate Speaker of the House
546		-	I hereby certify that S.B. No. 2076 passed the Senate on
547		-	April 27, 2017, by the following vote: Yeas 27, Nays 4; and that
548		-	the Senate concurred in House amendments on May 26, 2017, by the
549		-	following vote: Yeas 27, Nays 4.
550		-	______________________________
551		-	Secretary of the Senate
552		-	I hereby certify that S.B. No. 2076 passed the House, with
553		-	amendments, on May 21, 2017, by the following vote: Yeas 130,
554		-	Nays 12, one present not voting.
555		-	______________________________
556		-	Chief Clerk of the House
557		-	Approved:
558		-	______________________________
559		-	Date
560		-	______________________________
561		-	Governor