Bill Text: TX HB385 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the requirement for a dealer general distinguishing number for private sales of an automobile.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-04-20 - Withdrawn from schedule [HB385 Detail]
Download: Texas-2015-HB385-Introduced.html
By: Keough | H.B. No. 385 |
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Re | ||
lating to the requirement for a dealer general distinguishing | ||
number for private sales of an automobile. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 503.024, Transportation Code, is amended | ||
to read as follows: | ||
EXCLUSIONS FOR DEALER. (a) A person is not required to | ||
obtain a dealer general distinguishing number if the person: | ||
(1) sells or offers to sell during a calendar year | ||
fewer than twelve [ |
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and registered in that person's name; or | ||
(2) is a federal, state, or local governmental agency. | ||
(b) For the purposes of Section 503.021, a person is not | ||
engaging in business as a dealer by: | ||
(1) selling or offering to sell a vehicle the person | ||
acquired for personal or business use to a person other than a | ||
retail buyer if the sale or offer is not made to avoid a requirement | ||
of this chapter; | ||
(2) selling, in a manner provided by law for the forced | ||
sale of vehicles, a vehicle in which the person holds a security | ||
interest; | ||
(3) acting under a court order as a receiver, trustee, | ||
administrator, executor, guardian, or other appointed person; | ||
(4) selling a vehicle the person acquired from the | ||
vehicle's owner as a result of paying an insurance claim if the | ||
person is an insurance company; | ||
(5) selling an antique passenger car or truck that is | ||
at least 25 years of age; or | ||
(6) selling a special interest vehicle that is at | ||
least 12 years of age if the person is a collector. | ||
(c) For the purposes of Section 503.021, a domiciliary of | ||
another state who holds a dealer license and bond, if applicable, | ||
issued by the other state is not engaging in business as a dealer by | ||
buying a vehicle from, selling a vehicle to, or exchanging a vehicle | ||
with a person who: | ||
(1) holds a general distinguishing number issued by | ||
the department, if the transaction is not intended to avoid a | ||
requirement of this chapter; or | ||
(2) is a domiciliary of another state who holds a | ||
dealer license and bond, if applicable, issued by the other state | ||
and the transaction is not intended to avoid a requirement of this | ||
chapter. | ||
(d) For the purposes of Section 503.021, a licensed | ||
auctioneer is not engaging in business as a dealer by, as a bid | ||
caller, selling or offering to sell property to the highest bidder | ||
at a bona fide auction if: | ||
(1) legal or equitable title does not pass to the | ||
auctioneer; | ||
(2) the auction is not held to avoid a requirement of | ||
this chapter; and | ||
(3) for an auction of vehicles owned legally or | ||
equitably by a person who holds a general distinguishing number, | ||
the auction is conducted at the location for which the general | ||
distinguishing number was issued. | ||
(e) In this section, "special interest vehicle" has the | ||
meaning assigned by Section 683.077(b). | ||
SECTION 2. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2015. |