Texas 2021 - 87th Regular

Texas House Bill HB3533 Compare Versions

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1-H.B. No. 3533
1+By: Martinez (Senate Sponsor - Seliger) H.B. No. 3533
2+ (In the Senate - Received from the House May 17, 2021;
3+ May 17, 2021, read first time and referred to Committee on
4+ Transportation; May 19, 2021, reported favorably by the following
5+ vote: Yeas 9, Nays 0; May 19, 2021, sent to printer.)
6+Click here to see the committee vote
27
38
9+ A BILL TO BE ENTITLED
410 AN ACT
511 relating to the security requirement for the issuance or renewal of
612 a motor vehicle dealer general distinguishing number or a wholesale
713 motor vehicle auction general distinguishing number.
814 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
915 SECTION 1. Section 503.033, Transportation Code, is amended
1016 by amending Subsections (a), (d), and (g) and adding Subsections
1117 (h) and (i) to read as follows:
1218 (a) The department may not issue or renew a motor vehicle
1319 dealer general distinguishing number or a wholesale motor vehicle
1420 auction general distinguishing number unless the applicant
1521 provides to the department[:
1622 [(1)] satisfactory proof that the applicant has
1723 purchased a properly executed surety bond in the amount of $50,000
1824 [$25,000] with a good and sufficient surety approved by the
1925 department[; or
2026 [(2) other security under Subsection (c)].
2127 (d) A person may recover against a surety bond [or other
2228 security] if the person obtains against a person issued a motor
2329 vehicle dealer general distinguishing number or a wholesale motor
2430 vehicle auction general distinguishing number a judgment assessing
2531 damages and reasonable attorney's fees based on an act or omission
2632 on which the bond is conditioned that occurred during the term for
2733 which the general distinguishing number was valid.
2834 (g) A dealer shall post, adjacent to and in the same manner
2935 as the dealer's general distinguishing number is posted, notice of
3036 the surety bond and the procedure by which a claimant may recover
3137 against the surety bond. The department by rule may prescribe the
3238 form of the notice required under this subsection.
3339 (h) The department shall publish on the department's
3440 Internet website:
3541 (1) the procedure by which a claimant may recover
3642 against a surety bond; and
3743 (2) the department's contact information.
3844 (i) This section does not apply to a person licensed as a
3945 franchised motor vehicle dealer by the department.
4046 SECTION 2. Section 503.033(a), Transportation Code, as
4147 amended by this Act, applies only to an application for the issuance
4248 or renewal of a motor vehicle dealer general distinguishing number
4349 or a wholesale motor vehicle auction general distinguishing number
4450 submitted on or after the effective date of this Act. An
4551 application submitted before the effective date of this Act is
4652 governed by the law in effect on the date the application was
4753 submitted, and the former law is continued in effect for that
4854 purpose.
4955 SECTION 3. This Act takes effect September 1, 2021.
50- ______________________________ ______________________________
51- President of the Senate Speaker of the House
52- I certify that H.B. No. 3533 was passed by the House on May
53- 14, 2021, by the following vote: Yeas 124, Nays 21, 2 present, not
54- voting.
55- ______________________________
56- Chief Clerk of the House
57- I certify that H.B. No. 3533 was passed by the Senate on May
58- 21, 2021, by the following vote: Yeas 31, Nays 0.
59- ______________________________
60- Secretary of the Senate
61- APPROVED: _____________________
62- Date
63- _____________________
64- Governor
56+ * * * * *