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


Office of House Bill AnalysisH.B. 1664
By: Alexander
Transportation
2/27/2001
Introduced



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 for the sale and operation of certain vehicles. The bill
provides that the provisions regarding 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 sets forth that the provisions for
the transfer of ownership of a vehicle in the Transportation Code
supersedes 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 also
transfers authority from the commission to the board in relation to rules
for the display or sale of a nonmotorized vehicle or trailer, rules
relating to an established and permanent place of business, and rules in
relation to display of a dealer's or manufacturer's license plate.  

The bill repeals the provision which requires 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

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.