4 | 10 | | AN ACT |
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5 | 11 | | relating to the security requirement for the issuance or renewal of |
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6 | 12 | | a motor vehicle dealer general distinguishing number or a wholesale |
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7 | 13 | | motor vehicle auction general distinguishing number. |
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8 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 15 | | SECTION 1. Section 503.033, Transportation Code, is amended |
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10 | 16 | | by amending Subsections (a), (d), and (g) and adding Subsections |
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11 | 17 | | (h) and (i) to read as follows: |
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12 | 18 | | (a) The department may not issue or renew a motor vehicle |
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13 | 19 | | dealer general distinguishing number or a wholesale motor vehicle |
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14 | 20 | | auction general distinguishing number unless the applicant |
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15 | 21 | | provides to the department[: |
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16 | 22 | | [(1)] satisfactory proof that the applicant has |
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17 | 23 | | purchased a properly executed surety bond in the amount of $50,000 |
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18 | 24 | | [$25,000] with a good and sufficient surety approved by the |
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19 | 25 | | department[; or |
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20 | 26 | | [(2) other security under Subsection (c)]. |
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21 | 27 | | (d) A person may recover against a surety bond [or other |
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22 | 28 | | security] if the person obtains against a person issued a motor |
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23 | 29 | | vehicle dealer general distinguishing number or a wholesale motor |
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24 | 30 | | vehicle auction general distinguishing number a judgment assessing |
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25 | 31 | | damages and reasonable attorney's fees based on an act or omission |
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26 | 32 | | on which the bond is conditioned that occurred during the term for |
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27 | 33 | | which the general distinguishing number was valid. |
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28 | 34 | | (g) A dealer shall post, adjacent to and in the same manner |
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29 | 35 | | as the dealer's general distinguishing number is posted, notice of |
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30 | 36 | | the surety bond and the procedure by which a claimant may recover |
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31 | 37 | | against the surety bond. The department by rule may prescribe the |
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32 | 38 | | form of the notice required under this subsection. |
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33 | 39 | | (h) The department shall publish on the department's |
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34 | 40 | | Internet website: |
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35 | 41 | | (1) the procedure by which a claimant may recover |
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36 | 42 | | against a surety bond; and |
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37 | 43 | | (2) the department's contact information. |
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38 | 44 | | (i) This section does not apply to a person licensed as a |
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39 | 45 | | franchised motor vehicle dealer by the department. |
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40 | 46 | | SECTION 2. Section 503.033(a), Transportation Code, as |
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41 | 47 | | amended by this Act, applies only to an application for the issuance |
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42 | 48 | | or renewal of a motor vehicle dealer general distinguishing number |
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43 | 49 | | or a wholesale motor vehicle auction general distinguishing number |
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44 | 50 | | submitted on or after the effective date of this Act. An |
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45 | 51 | | application submitted before the effective date of this Act is |
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46 | 52 | | governed by the law in effect on the date the application was |
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47 | 53 | | submitted, and the former law is continued in effect for that |
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48 | 54 | | purpose. |
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49 | 55 | | SECTION 3. This Act takes effect September 1, 2021. |
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50 | | - | ______________________________ ______________________________ |
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51 | | - | President of the Senate Speaker of the House |
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52 | | - | I certify that H.B. No. 3533 was passed by the House on May |
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53 | | - | 14, 2021, by the following vote: Yeas 124, Nays 21, 2 present, not |
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54 | | - | voting. |
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55 | | - | ______________________________ |
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56 | | - | Chief Clerk of the House |
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57 | | - | I certify that H.B. No. 3533 was passed by the Senate on May |
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58 | | - | 21, 2021, by the following vote: Yeas 31, Nays 0. |
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59 | | - | ______________________________ |
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60 | | - | Secretary of the Senate |
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61 | | - | APPROVED: _____________________ |
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62 | | - | Date |
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63 | | - | _____________________ |
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64 | | - | Governor |
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| 56 | + | * * * * * |
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