87R17016 JAM-D
By: Thompson of Brazoria H.B. No. 3113
Substitute the following for H.B. No. 3113:
By: Lozano C.S.H.B. No. 3113
A BILL TO BE ENTITLED
AN ACT
relating to the county in which a person may apply for the
registration of and title for a motor vehicle.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 501.023(a), Transportation Code, is
amended to read as follows:
(a) The owner of a motor vehicle must present identification
and apply for a title as prescribed by the department, unless
otherwise exempted by law. To obtain a title, the owner must
apply:
(1) to the county assessor-collector in the county in
which:
(A) the owner is domiciled; or
(B) the motor vehicle is purchased or encumbered;
or
(2) to any [the] county assessor-collector [of a
county] who is willing to accept the application [if the county
assessor-collector's office of the county in which the owner
resides is closed or may be closed for a protracted period of time
as defined by the department].
SECTION 2. Section 501.0234(d), Transportation Code, is
amended to read as follows:
(d) A seller who applies for the registration or a title for
a motor vehicle under Subsection (a)(1) may [shall] apply:
(1) to the county assessor-collector of the county in
which:
(A) the owner is domiciled; or
(B) the motor vehicle is purchased or encumbered;
or
(2) to any [in the] county assessor-collector who is
willing to accept the application [as directed by the purchaser
from the counties set forth in Section 501.023].
SECTION 3. Section 501.030(e), Transportation Code, is
amended to read as follows:
(e) Before a motor vehicle that is required to be registered
in this state and that is brought into this state by a person other
than a manufacturer or importer may be bargained, sold,
transferred, or delivered with an intent to pass an interest in the
vehicle or encumbered by a lien, the owner must apply for a title in
a manner prescribed by the department to the county
assessor-collector for the county in which the transaction is to
take place or to any assessor-collector who is willing to accept the
application. The assessor-collector may not issue a title receipt
unless the applicant delivers to the assessor-collector
satisfactory evidence showing that the applicant is the owner of
the vehicle and that the vehicle is free of any undisclosed liens.
SECTION 4. Section 502.0023(b), Transportation Code, is
amended to read as follows:
(b) A system of extended registration under this section
must allow the owner of a commercial fleet to register[:
[(1)] an entire commercial fleet in the county of the
owner's residence or principal place of business or in any county in
which the county assessor-collector is willing to accept the
registration[; or
[(2) the motor vehicles in a commercial fleet that are
operated most regularly in the same county].
SECTION 5. Section 502.040(b), Transportation Code, is
amended to read as follows:
(b) The application must be accompanied by personal
identification as determined by department rule and made in a
manner prescribed by the department through:
(1) [through] the county assessor-collector of the
county in which the owner resides; or
(2) any [if the office of that assessor-collector is
closed, or may be closed for a protracted period of time, as defined
by department rule, through a] county assessor-collector who is
willing to accept the application.
SECTION 6. Section 502.041(a), Transportation Code, is
amended to read as follows:
(a) Notwithstanding Section 502.040, the owner of a vehicle
may concurrently apply for a title and for registration through the
county assessor-collector of the county in which:
(1) the owner resides; [or]
(2) the vehicle is purchased or encumbered; or
(3) the county assessor-collector is willing to accept
the application.
SECTION 7. Section 502.407(c), Transportation Code, is
amended to read as follows:
(c) It is a defense to prosecution under this section that
at the time of the offense:
(1) the office of the county assessor-collector for
the county in which the owner of the vehicle resided was closed for
a protracted period of time in accordance with department rules
[Section 502.040(b)(2)]; and
(2) the vehicle's registration was expired for 30
working days or less.
SECTION 8. The heading to Section 520.006, Transportation
Code, is amended to read as follows:
Sec. 520.006. COLLECTION OF FEES ON BEHALF OF ANOTHER
ASSESSOR-COLLECTOR; COMPENSATION OF ASSESSOR-COLLECTOR.
SECTION 9. Sections 520.006(a-1) and (b), Transportation
Code, are amended to read as follows:
(a-1) A county assessor-collector collecting fees on behalf
of another [a] county assessor-collector [whose office is closed or
may be closed for a protracted period of time as defined by the
department] for purposes of Section 501.023, 501.0234, 501.030,
502.0023, [or] 502.040, or 502.041 shall collect all taxes, fees,
and other revenue based on the vehicle owner's county of residence.
The vehicle owner's county of residence shall be the recipient of
all taxes, fees, and other revenue collected as a result of the
transaction, except that the county processing the application may
retain the portion of the title application fee under Section
501.138 and the processing and handling fee under Section 502.1911
that the tax assessor-collector is authorized to [may] retain [the
commission for fees collected, but shall allocate the fees to the
county that is closed or may be closed for a protracted period of
time].
(b) A county assessor-collector who is compensated under
this section for processing a transaction shall pay the entire
expense of issuing registration receipts and license plates under
Chapter 501 or 502 from the compensation allowed under this
section.
SECTION 10. Section 521.144(c), Transportation Code, is
amended to read as follows:
(c) A registration receipt issued by a [the] county
assessor-collector in this state [of the county in which the new
resident resides] is satisfactory evidence that a motor vehicle is
registered under Chapter 502.
SECTION 11. The following provisions of the Transportation
Code are repealed:
(1) Section 501.023(e); and
(2) Section 501.0234(e).
SECTION 12. Section 502.407(c), Transportation Code, as
amended by this Act, applies only to an offense committed on or
after the effective date of this Act. An offense committed before
the effective date of this Act is governed by the law in effect when
the offense was committed, and the former law is continued in effect
for that purpose. For purposes of this section, an offense was
committed before the effective date of this Act if any element of
the offense occurred before that date.
SECTION 13. This Act takes effect September 1, 2021.