HBA-NRS H.B. 1664 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1664
By: Alexander
Transportation
8/8/2001
Enrolled



BACKGROUND AND PURPOSE 

The Certificate of Title Act and certain provisions relating to dealer's
and manufacturer's vehicle license plates in the Transportation Code work
together with other laws such as the Tax Code and the Texas Motor Vehicle
Commission Code to provide an integrated, cohesive, regulatory structure
applicable to commerce in and  the titling and registration of motor
vehicles. Over time, these laws have changed as have practices in the
operation and sale of motor vehicles. House Bill 1664 provides technical
changes to relevant provisions of the Transportation Code to ensure
uniformity among all components of the motor vehicle industry regulatory
structure.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Motor Vehicle Board of the Texas
Department of Transportation in SECTION 4 (Section 503.002, Transportation
Code), SECTION 5 (Section 503.003, Transportation Code), SECTION 7 (Section
503.027, Transportation Code), and SECTION 10 (Section 503.069,
Transportation Code) of this bill. 

ANALYSIS

House Bill 1664 amends the Transportation Code relating to certain
regulations of the sale and operation of certain vehicles. The bill
provides that the duties of a vehicle dealer on the sale of a motor vehicle
do not apply to vehicles with a gross weight in excess of 11,000 pounds.
The bill also establishes that the provisions of the Transportation Code
governing transferal of the title of a motor vehicle by an operation of law
supersede other law in the event of a conflict. 

The bill authorizes the Motor Vehicle Board of the Texas Department of
Transportation (board), rather than the Texas Transportation Commission
(commission), to adopt rules for the administration of provisions relating
to dealer's and manufacturer's vehicle license plates. 

The bill repeals the provision providing that a dealer's general
distinguishing number expires on March 31 of each year. The bill removes
the requirement that license plates be mailed to qualified applicants
during February and March.  

The bill requires a dealer or manufacturer who has been issued converter's
license plates to notify the Texas Department of Transportation of a change
to the converter's address within a specified time period. 

EFFECTIVE DATE

May 14, 2001.