Texas 2021 - 87th Regular

Texas House Bill HB3113 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~87R17016~~ JAM-D
	1	+	87R7111 JAM-D
2	2		By: Thompson of Brazoria H.B. No. 3113
3		-	Substitute the following for H.B. No. 3113:
4		-	By: Lozano C.S.H.B. No. 3113
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9		-	relating to the county in which a person may apply for the
10		-	registration of and title for a motor vehicle.
	7	+	relating to the county in which a motor vehicle dealer may apply for
	8	+	the registration of and title for certain vehicles sold by the
	9	+	dealer.
11	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12		-	SECTION 1. Section 501.023(a), Transportation Code, is
13		-	amended to read as follows:
14		-	(a) The owner of a motor vehicle must present identification
15		-	and apply for a title as prescribed by the department, unless
16		-	otherwise exempted by law. To obtain a title, the owner must
17		-	apply:
18		-	(1) to the county assessor-collector in the county in
19		-	which:
20		-	(A) the owner is domiciled; or
21		-	(B) the motor vehicle is purchased or encumbered;
22		-	or
23		-	(2) to any [the] county assessor-collector [of a
24		-	county] who is willing to accept the application [if the county
25		-	assessor-collector's office of the county in which the owner
26		-	resides is closed or may be closed for a protracted period of time
27		-	as defined by the department].
28		-	SECTION 2. Section 501.0234(d), Transportation Code, is
	11	+	SECTION 1. Section 501.0234(d), Transportation Code, is
29	12		amended to read as follows:
30	13		(d) A seller who applies for the registration or a title for
31		-	a motor vehicle under Subsection (a)(1) may [shall] apply:
32		-	(1) to the county assessor-collector of the county in
33		-	which:
34		-	(A) the owner is domiciled; or
35		-	(B) the motor vehicle is purchased or encumbered;
36		-	or
37		-	(2) to any [in the] county assessor-collector who is
38		-	willing to accept the application [as directed by the purchaser
39		-	from the counties set forth in Section 501.023].
40		-	SECTION 3. Section 501.030(e), Transportation Code, is
41		-	amended to read as follows:
42		-	(e) Before a motor vehicle that is required to be registered
43		-	in this state and that is brought into this state by a person other
44		-	than a manufacturer or importer may be bargained, sold,
45		-	transferred, or delivered with an intent to pass an interest in the
46		-	vehicle or encumbered by a lien, the owner must apply for a title in
47		-	a manner prescribed by the department to the county
48		-	assessor-collector for the county in which the transaction is to
49		-	take place or to any assessor-collector who is willing to accept the
50		-	application. The assessor-collector may not issue a title receipt
51		-	unless the applicant delivers to the assessor-collector
52		-	satisfactory evidence showing that the applicant is the owner of
53		-	the vehicle and that the vehicle is free of any undisclosed liens.
54		-	SECTION 4. Section 502.0023(b), Transportation Code, is
55		-	amended to read as follows:
56		-	(b) A system of extended registration under this section
57		-	must allow the owner of a commercial fleet to register[:
58		-	[(1)] an entire commercial fleet in the county of the
59		-	owner's residence or principal place of business or in any county in
60		-	which the county assessor-collector is willing to accept the
61		-	registration[; or
62		-	[(2) the motor vehicles in a commercial fleet that are
63		-	operated most regularly in the same county].
64		-	SECTION 5. Section 502.040(b), Transportation Code, is
65		-	amended to read as follows:
66		-	(b) The application must be accompanied by personal
67		-	identification as determined by department rule and made in a
68		-	manner prescribed by the department through:
69		-	(1) [through] the county assessor-collector of the
70		-	county in which the owner resides; or
71		-	(2) any [if the office of that assessor-collector is
72		-	closed, or may be closed for a protracted period of time, as defined
73		-	by department rule, through a] county assessor-collector who is
74		-	willing to accept the application.
75		-	SECTION 6. Section 502.041(a), Transportation Code, is
76		-	amended to read as follows:
77		-	(a) Notwithstanding Section 502.040, the owner of a vehicle
78		-	may concurrently apply for a title and for registration through the
79		-	county assessor-collector of the county in which:
80		-	(1) the owner resides; [or]
81		-	(2) the vehicle is purchased or encumbered; or
82		-	(3) the county assessor-collector is willing to accept
83		-	the application.
84		-	SECTION 7. Section 502.407(c), Transportation Code, is
85		-	amended to read as follows:
86		-	(c) It is a defense to prosecution under this section that
87		-	at the time of the offense:
88		-	(1) the office of the county assessor-collector for
89		-	the county in which the owner of the vehicle resided was closed for
90		-	a protracted period of time in accordance with department rules
91		-	[Section 502.040(b)(2)]; and
92		-	(2) the vehicle's registration was expired for 30
93		-	working days or less.
94		-	SECTION 8. The heading to Section 520.006, Transportation
95		-	Code, is amended to read as follows:
96		-	Sec. 520.006. COLLECTION OF FEES ON BEHALF OF ANOTHER
97		-	ASSESSOR-COLLECTOR; COMPENSATION OF ASSESSOR-COLLECTOR.
98		-	SECTION 9. Sections 520.006(a-1) and (b), Transportation
99		-	Code, are amended to read as follows:
100		-	(a-1) A county assessor-collector collecting fees on behalf
101		-	of another [a] county assessor-collector [whose office is closed or
102		-	may be closed for a protracted period of time as defined by the
103		-	department] for purposes of Section 501.023, 501.0234, 501.030,
104		-	502.0023, [or] 502.040, or 502.041 shall collect all taxes, fees,
105		-	and other revenue based on the vehicle owner's county of residence.
106		-	The vehicle owner's county of residence shall be the recipient of
107		-	all taxes, fees, and other revenue collected as a result of the
108		-	transaction, except that the county processing the application may
109		-	retain the portion of the title application fee under Section
110		-	501.138 and the processing and handling fee under Section 502.1911
111		-	that the tax assessor-collector is authorized to [may] retain [the
112		-	commission for fees collected, but shall allocate the fees to the
113		-	county that is closed or may be closed for a protracted period of
114		-	time].
115		-	(b) A county assessor-collector who is compensated under
116		-	this section for processing a transaction shall pay the entire
117		-	expense of issuing registration receipts and license plates under
118		-	Chapter 501 or 502 from the compensation allowed under this
119		-	section.
120		-	SECTION 10. Section 521.144(c), Transportation Code, is
121		-	amended to read as follows:
122		-	(c) A registration receipt issued by a [the] county
123		-	assessor-collector in this state [of the county in which the new
124		-	resident resides] is satisfactory evidence that a motor vehicle is
125		-	registered under Chapter 502.
126		-	SECTION 11. The following provisions of the Transportation
127		-	Code are repealed:
128		-	(1) Section 501.023(e); and
129		-	(2) Section 501.0234(e).
130		-	SECTION 12. Section 502.407(c), Transportation Code, as
131		-	amended by this Act, applies only to an offense committed on or
132		-	after the effective date of this Act. An offense committed before
133		-	the effective date of this Act is governed by the law in effect when
134		-	the offense was committed, and the former law is continued in effect
135		-	for that purpose. For purposes of this section, an offense was
136		-	committed before the effective date of this Act if any element of
137		-	the offense occurred before that date.
138		-	SECTION 13. This Act takes effect September 1, 2021.
	14	+	a motor vehicle under Subsection (a)(1) may [shall] apply in any
	15	+	[the] county in which the county assessor-collector is willing to
	16	+	accept the application [as directed by the purchaser from the
	17	+	counties set forth in Section 501.023].
	18	+	SECTION 2. Section 501.0234(e), Transportation Code, is
	19	+	repealed.
	20	+	SECTION 3. Section 501.0234, Transportation Code, as
	21	+	amended by this Act, applies only to an application for the
	22	+	registration of or a title for a motor vehicle purchased on or after
	23	+	the effective date of this Act. An application for the registration
	24	+	of or a title for a motor vehicle purchased before the effective
	25	+	date of this Act is governed by the law in effect when the vehicle
	26	+	was purchased, and the former law is continued in effect for that
	27	+	purpose.
	28	+	SECTION 4. This Act takes effect September 1, 2021.