Bill Text: TX HB3215 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the authority of a person to sell property without engaging in business as a motor vehicle dealer.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB3215 Detail]
Download: Texas-2017-HB3215-Enrolled.html
H.B. No. 3215 |
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relating to the authority of a person to sell property without | ||
engaging in business as a motor vehicle dealer. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 503.024(b) and (d), Transportation | ||
Code, are amended to read as follows: | ||
(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, if the sale or offer | ||
is not made to avoid a requirement of this chapter, a vehicle the | ||
person acquired for personal or business use to: | ||
(A) a person other than a retail buyer if not sold | ||
or offered through a licensed auctioneer; or | ||
(B) any person if the sale or offer is made | ||
through a licensed auctioneer [ |
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(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. | ||
(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, including a business | ||
that holds the title to any number of vehicles, 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. | ||
SECTION 2. This Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3215 was passed by the House on April | ||
20, 2017, by the following vote: Yeas 144, Nays 0, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 3215 on May 26, 2017, by the following vote: Yeas 145, Nays 0, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3215 was passed by the Senate, with | ||
amendments, on May 24, 2017, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |