HBA-MPA H.B. 1743 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1743
By: Shields
Transportation
7/2/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, a valid Texas registration was required to
transfer a title for a vehicle titled in Texas.  A Texas registration is a
road use fee, required only of vehicles which will be operated on the
public roads and streets of this state.  Active duty service members of the
U.S. military who are residents of Texas may maintain Texas title to the
vehicles, even if the vehicles are shipped overseas.  Once the vehicle
arrives in another country, the service member is required to register the
vehicle according to the provision of the status of forces agreement with
the host nation. If, after registering the vehicle according to the status
of forces agreement, the Texas resident desired to transfer title of the
vehicle, the service member was required to obtain a current Texas
registration. This amounted to a double road use fee -- once in Texas where
the vehicle will not be operated and once in the country where it will be
operated.  Texas residents who are service members and serving overseas
were penalized if they desired to transfer title of a vehicle which was
titled in Texas but physically located overseas. 

This bill changes the provision of the Transportation Code which requires a
vehicle of a Texas resident service member located and properly registered
overseas to reregister merely to transfer title. H.B. 1743 authorizes a
Texas resident service member who is stationed and has a Texas titled
vehicle overseas to provide proof that the vehicle is currently registered
in accordance with the status of forces agreement in lieu of obtaining a
current registration in order to transfer title to the vehicle. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 502, Transportation Code, by
adding Section 502.0025, as follows: 

Sec. 502.0025.  EFFECT OF CERTAIN MILITARY SERVICE ON REGISTRATION
REQUIREMENT.  (a) Provides that this section applies only to a motor
vehicle that is owned by a person who: 

(1) is a resident of this state;
(2) is on active duty in the armed forces of the United States;
(3) is stationed in or has been assigned to another nation under military
orders; and 
(4) has registered the vehicle or has been issued a license for the vehicle
under the applicable status of forces agreement by the appropriate branch
of the armed forces of the United States, or the nation in which the person
is stationed or to which the person has been assigned. 

(b) Provides that, unless such  registration or license is suspended,
canceled, or revoked by this state as provided by law, Section 502.002
(Registration Required; General Rule) does not apply, and the registration
or license issued by the armed forces or host nation remains valid and the
motor vehicle may be operated under it for 90 days after the vehicle
returns to this state. 
 
SECTION 2.  Amends Subchapter C, Chapter 520, Transportation Code, by
adding Section 502.0225, as follows: 

Sec. 502.0225.  PERSONS ON ACTIVE DUTY IN ARMED FORCES OF UNITED STATES.
(a) Provides that this section applies only to a used motor vehicle that is
owned by a person who: 

(1) is on active duty in the armed forces of the United States;
(2) is stationed in or has been assigned to another nation under military
orders; and 
(3) has registered the vehicle or has been issued a license for the vehicle
under the applicable status of forces agreement by the appropriate branch
of the armed forces of the United States, or the nation in which the person
is stationed or to which the person has been assigned. 

(b) Provides that the requirement in Section 520.021 (Current Registration
Required) that a used vehicle be registered does not apply to a vehicle
described in Subsection (a). Requires that the person selling, trading, or
otherwise transferring a used motor vehicle described in Subsection (a) to
deliver to the transferee, in lieu of the license receipt required by
Section 520.022 (Delivery of Receipt and Title to Transferee; Penalty), a
letter on official letterhead by the owner's unit commander attesting to
the registration of the vehicle, or the registration receipt issued by the
appropriate armed service or host nation. 

(c) Provides that a registration receipt by a host nation that is not
written in the English language must be accompanied by a written
translation of the registration receipt in English, and an affidavit, in
English and signed by the person translating the registration receipt,
attesting to the person's ability to translate it into English. 

SECTION 3.  Amends Section 520.031(a), Transportation Code, to make
conforming changes. 

SECTION 4.  Effective date: September 1, 1999.

SECTION 5.  Emergency clause.