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


Office of House Bill AnalysisH.B. 1743
By: Shields
Transportation
4/23/1999
Introduced



BACKGROUND AND PURPOSE 

Current law requires that all motor vehicles operated on Texas public
streets and highways have a current Texas registration and that all
vehicles titled in Texas have a current registration to transfer title.
This registration requirement extends to vehicles owned by military
personnel who are stationed in other countries and who have a vehicle with
them.  Such military service members are also required to maintain current
registrations for the vehicle in accordance with the applicable status of
forces agreement between the United States and the host country.  As a
result, military personnel are required to maintain both a current Texas
and host nation registration in order to transfer title to the vehicle. 

H.B. 1743 recognizes a valid military registration or host nation
registration for a vehicle owned by a Texas resident who is stationed
overseas on active duty in the military and is located overseas with the
owner.  This bill allows the owner to provide proof of current status of
forces of registration to transfer title without having the vehicle
currently registered in Texas.  

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 only applies to a motor
vehicle that is owned by a person who is a resident of this state; is on
active duty in the armed forces of the United States; is stationed in or
has been assigned to another nation under military orders; and has
registered the vehicle or 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 assigned.   

(b)  Provides that unless the registration or license issued for a vehicle
described by Subsection (a) is suspended, canceled, or revoked by this
state as provided by law, Section 502.002(a) (Registration Required;
General Rule) does not apply and the registration or license issued by the
armed forces or host nation remains valid for a vehicle described by
Subsection (a) and authorizes the operation of the vehicle under that
registration or license for a period of not more than 90 days after the
date on which the person returns to this state. 

SECTION 2.  Amends Subchapter C, Chapter 520, Transportation Code, by
adding Section 520.0225, as follows: 

Sec. 520.0225.  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 is on active duty in the armed forces of the
United States; is stationed in or  has been assigned to another nation
under military orders; and  has registered the vehicle or been issued a
license for the vehicle under the applicable status of forces agreement by
certain entities.  
   
(b)  Provides that the requirement in Section 520.021 (Current Registration
Required) that a used vehicle be registered under the law of this state
does not apply to a vehicle described by Subsection (a).  Requires a person
selling, trading, or otherwise transferring a used motor vehicle described
by Subsection (a), in lieu of delivering the license receipt to the
transferee of the vehicle as required by Section 520.022 (Delivery of
Receipt and Title to Transferee; Penalty), to deliver to the transferee a
letter written on official letterhead by the owner's unit commander
attesting to the registration of the vehicle or the registration receipt
issued by the appropriate branch of the armed forces or host nation.  

(c)  Provides that a registration receipt issued 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 the registration receipt
into English. 
 
SECTION 3.  Amends Section 520.031(a), Transportation Code, to make
conforming and nonsubstantive changes. 

SECTION 4.  Effective date: September 1, 1999. 

SECTION 5.Emergency clause.