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.