Texas 2021 - 87th Regular

Texas Senate Bill SB935 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	87R27684 JAM-D
2	1		By: West S.B. No. 935
3		-	(Kuempel)
4		-	Substitute the following for S.B. No. 935: No.
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9	6		relating to an exception to the titling requirement for certain
10		-	~~motor~~ vehicles; creating a criminal offense.
	7	+	vehicles; creating a criminal offense.
11	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	9		SECTION 1. Subchapter E, Chapter 501, Transportation Code,
13	10		is amended by adding Section 501.098 to read as follows:
14	11		Sec. 501.098. EXCEPTION TO TITLE REQUIREMENT FOR CERTAIN
15	12		VEHICLES. (a) Notwithstanding any other law, a metal recycler or
16	13		used automotive parts recycler may purchase a motor vehicle without
17	14		obtaining a title to the vehicle if:
18	15		(1) the vehicle is at least 12 years old and is
19	16		purchased solely for parts, dismantling, or scrap and:
20	17		(A) the vehicle is not subject to a recorded
21	18		security interest or lien; or
22	19		(B) the vehicle is subject only to recorded
23	20		security interests or liens:
24	21		(i) for which a release of each recorded
25	22		security interest or lien on the vehicle is provided; or
26	23		(ii) that were recorded on the certificate
27		-	of title more than ~~six~~ years before the date of purchase under this
	24	+	of title more than four years before the date of purchase under this
28	25		section;
29	26		(2) the recycler does not dismantle, crush, or shred
30		-	the vehicle before the close of business on the ~~third~~ business day
	27	+	the vehicle before the close of business on the second business day
31	28		after the date the recycler submitted to the department the
32	29		information required under Subsection (c); and
33	30		(3) except as provided by Subsection (k), the recycler
34	31		complies with Subsections (b) and (c).
35	32		(b) A metal recycler or used automotive parts recycler who
36	33		purchases a motor vehicle under this section shall obtain the
37	34		following information:
38	35		(1) the name, address, and National Motor Vehicle
39	36		Title Information System identification number of the recycler;
40	37		(2) the name, initials, or other identification of the
41	38		individual recording the information required by this subsection;
42	39		(3) the date of the transaction;
43	40		(4) a description of the vehicle, including the make
44	41		and model to the extent practicable;
45	42		(5) the vehicle identification number of the vehicle;
46	43		(6) the license plate number of any vehicle
47	44		transporting the vehicle being sold;
48	45		(7) the amount of consideration given for the vehicle;
49	46		(8) a written statement signed by the seller or an
50	47		agent acting on behalf of the seller:
51	48		(A) certifying that the seller or agent has the
52	49		lawful right to sell the vehicle;
53	50		(B) certifying that the vehicle complies with any
54	51		security interest or lien requirements under Subsection (a)(1); and
55	52		(C) acknowledging that a person who falsifies
56	53		information contained in the written statement is subject to
57	54		criminal penalties and restitution for losses incurred as a result
58	55		of the sale of the vehicle based on falsified information contained
59	56		in the statement;
60	57		(9) the name and address of the seller, and the
61	58		seller's agent if applicable;
62	59		(10) a photocopy or electronic scan of:
63	60		(A) a valid driver's license of the seller or the
64	61		seller's agent; or
65	62		(B) any other photographic identification card
66	63		of the seller or the seller's agent issued by any state or federal
67	64		agency; and
68	65		(11) proof demonstrating that the recycler has
69	66		reported the vehicle to the department as provided by Subsection
70	67		(c).
71	68		(c) A metal recycler or used automotive parts recycler who
72	69		purchases a motor vehicle under this section shall submit to the
73	70		department, in the manner prescribed by the department, and the
74	71		National Motor Vehicle Title Information System information
75	72		necessary to satisfy any applicable requirement for reporting
76	73		information to the National Motor Vehicle Title Information System
77	74		in accordance with rules adopted under 28 C.F.R. Section 25.56 not
78	75		later than 24 hours, not counting weekends or official state
79	76		holidays, after the close of business on the day the vehicle was
80		-	received. The department may report information received under ~~this~~
81		-	subsection to the National Motor Vehicle Title Information ~~System~~
82		-	on behalf of the recycler. A recycler is not required to ~~report~~
83		-	information to the National Motor Vehicle Title Information ~~System~~
84		-	if the department reports the information on behalf of the ~~recycler~~
85		-	under this subsection.
	77	+	received. The department may report information received under
	78	+	this subsection to the National Motor Vehicle Title Information
	79	+	System on behalf of the recycler. A recycler is not required to
	80	+	report information to the National Motor Vehicle Title Information
	81	+	System if the department reports the information on behalf of the
	82	+	recycler under this subsection.
86	83		(d) Not later than 48 hours after receiving information from
87	84		a recycler under Subsection (c) about a motor vehicle, the
88	85		department shall notify the recycler whether the vehicle has been
89	86		reported stolen.
90	87		(e) If the department notifies a recycler under Subsection
91	88		(d) that a motor vehicle has been reported stolen, the recycler
92	89		shall notify the appropriate local law enforcement agency of the
93	90		current location of the vehicle and provide to the agency
94	91		identifying information of the person who sold the vehicle.
95	92		(f) On receipt of information under Subsection (c)
96	93		regarding a motor vehicle purchased under this section, the
97	94		department shall:
98	95		(1) add a notation to the motor vehicle record of the
99	96		vehicle indicating that the vehicle has been dismantled, scrapped,
100	97		or destroyed; and
101	98		(2) cancel the title of the vehicle.
102	99		(g) A person who purchases a motor vehicle under this
103	100		section that is later determined by the department or another
104	101		governmental entity to have been reported stolen is not criminally
105	102		or civilly liable unless the person had knowledge that the vehicle
106	103		was a stolen vehicle or failed to comply with the requirements of
107	104		Subsection (b) or (c).
108	105		(h) A court shall order a person who sells a motor vehicle
109	106		under this section to make restitution, including attorney's fees,
110	107		to the owner or lienholder of the vehicle, or to a metal recycler or
111	108		used automotive parts recycler, for any damage or loss caused by an
112	109		offense committed by the seller related to the vehicle.
113	110		(i) The records required to be maintained under this section
114	111		must be open to inspection by a representative of the department or
115	112		a law enforcement officer during reasonable business hours.
116	113		(j) A contract with a United States Department of Justice
117	114		approved third-party data consolidator, pursuant to 28 C.F.R. Part
118	115		25, may be used to satisfy:
119	116		(1) the responsibilities of the department under this
120	117		section; and
121	118		(2) the reporting responsibilities of a recycler under
122	119		Subsection (c).
123	120		(k) A metal recycler may purchase from a used automotive
124	121		parts recycler a vehicle under this section without complying with
125	122		Subsections (b) and (c) if:
126	123		(1) the vehicle has been flattened, crushed, baled, or
127	124		logged such that the vehicle is less than 50 percent of its original
128	125		volume;
129	126		(2) the vehicle is purchased for purposes of scrap
130	127		metal only; and
131	128		(3) the seller or an agent acting on behalf of the
132	129		seller of the vehicle certifies to the purchaser that all vehicles
133	130		included in the sale were reported to the department or the National
134	131		Motor Vehicle Title Information System.
135	132		(l) This section preempts all requirements that are
136	133		inconsistent with specific provisions of this section relating to
137	134		the purchase and dismantling, crushing, or shredding of a motor
138	135		vehicle without obtaining the title to the vehicle.
139	136		SECTION 2. Section 501.109, Transportation Code, is amended
140	137		by adding Subsections (c-1) and (i) and amending Subsections (d)
141	138		and (e) to read as follows:
142	139		(c-1) A person commits an offense if the person knowingly:
143	140		(1) fails to obtain or falsifies information required
144	141		under Section 501.098(c);
145	142		(2) falsifies the information required under Section
146	143		501.098(b);
147	144		(3) falsifies the statement required under Section
148	145		501.098(b)(8);
149	146		(4) sells a vehicle under Section 501.098 that is the
150	147		subject of a security interest or lien other than a security
151	148		interest or lien described by Section 501.098(a)(1)(B); or
152	149		(5) otherwise violates Section 501.098.
153	150		(d) Except as provided by Subsection (e), an offense under
154	151		Subsection (a), (b), [or] (c), or (c-1) is a Class C misdemeanor.
155	152		(e) If it is shown on the trial of an offense under
156	153		Subsection (a), (b), [or] (c), or (c-1) that the defendant has been
157	154		previously convicted of:
158	155		(1) one offense under Subsection (a), (b), [or] (c),
159	156		or (c-1), the offense is a Class B misdemeanor; or
160	157		(2) two or more offenses under Subsection (a), (b),
161	158		[or] (c), or (c-1), the offense is a state jail felony.
162	159		(i) Money generated from penalties collected for offenses
163	160		under Subsection (c-1) may be used only for enforcement,
164	161		investigation, prosecution, and training activities related to
165	162		motor vehicle related offenses.
166	163		SECTION 3. This Act takes effect September 1, 2021.