|
|
|
|
AN ACT
|
|
relating to the regulation of the sale of certain mobility motor |
|
vehicles equipped to transport a person with a disability. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 2301.002, Occupations Code, is amended |
|
by amending Subdivision (25) and adding Subdivisions (17-a), |
|
(20-a), and (23-a) to read as follows: |
|
(17-a) "Independent mobility motor vehicle dealer" |
|
means a nonfranchised dealer who: |
|
(A) holds a general distinguishing number issued |
|
by the board under Chapter 503, Transportation Code; |
|
(B) holds a converter's license issued under this |
|
chapter; |
|
(C) is engaged in the business of buying, |
|
selling, or exchanging mobility motor vehicles and servicing or |
|
repairing the devices installed on mobility motor vehicles at an |
|
established and permanent place of business in this state; and |
|
(D) is certified by the manufacturer of each |
|
mobility device that the dealer installs, if the manufacturer |
|
offers that certification. |
|
(20-a) "Mobility motor vehicle" means a motor vehicle |
|
that is designed and equipped to transport a person with a |
|
disability and that: |
|
(A) has a chassis that contains: |
|
(i) a permanently lowered floor or lowered |
|
frame; or |
|
(ii) a permanently raised roof and raised |
|
door; |
|
(B) contains at least one of the following: |
|
(i) an electronic or mechanical wheelchair, |
|
scooter, or platform lift that enables a person to enter or exit the |
|
vehicle while occupying a wheelchair or scooter; |
|
(ii) an electronic or mechanical wheelchair |
|
ramp; or |
|
(iii) a system to secure a wheelchair or |
|
scooter to allow for a person to be safely transported while |
|
occupying the wheelchair or scooter; and |
|
(C) is installed as an integral part or permanent |
|
attachment to the motor vehicle's chassis. |
|
(23-a) "New mobility motor vehicle" means a mobility |
|
motor vehicle that has not been the subject of a retail sale, |
|
regardless of the mobility motor vehicle's mileage. |
|
(25) "Nonfranchised dealer" means a person who holds |
|
an independent motor vehicle dealer's general distinguishing |
|
number, an independent mobility motor vehicle dealer's general |
|
distinguishing number, or a wholesale motor vehicle dealer's |
|
general distinguishing number issued by the board under Chapter |
|
503, Transportation Code. |
|
SECTION 2. Subchapter H, Chapter 2301, Occupations Code, is |
|
amended by adding Section 2301.361 to read as follows: |
|
Sec. 2301.361. INDEPENDENT MOBILITY MOTOR VEHICLE DEALER. |
|
(a) Notwithstanding any other law or rule, an independent mobility |
|
motor vehicle dealer may: |
|
(1) purchase or otherwise acquire a new motor vehicle |
|
with a lowered floor or frame or a raised roof and door to fit or |
|
equip the motor vehicle for retail sale as a mobility motor vehicle; |
|
(2) display a new mobility motor vehicle to a person |
|
with a disability to fit or equip the vehicle as a mobility motor |
|
vehicle for the person; and |
|
(3) sell or arrange for the sale and delivery of a new |
|
mobility motor vehicle to a purchaser at the independent mobility |
|
motor vehicle dealer's place of business if the transaction occurs |
|
through or by a franchised dealer of the motor vehicle's chassis |
|
line make. |
|
(b) An independent mobility motor vehicle dealer who |
|
purchased or acquired a new motor vehicle from a franchised dealer |
|
to equip the vehicle as a mobility motor vehicle may not advertise |
|
the vehicle for sale until the vehicle is fitted or equipped as a |
|
mobility motor vehicle. |
|
(c) An independent mobility motor vehicle dealer may not |
|
sell or offer to sell a new motor vehicle other than a new mobility |
|
motor vehicle. |
|
SECTION 3. Section 503.001, Transportation Code, is amended |
|
by amending Subdivisions (4) and (9) and adding Subdivision (8-a) |
|
to read as follows: |
|
(4) "Dealer" means a person who regularly and actively |
|
buys, sells, or exchanges vehicles at an established and permanent |
|
location. The term includes a franchised motor vehicle dealer, an |
|
independent motor vehicle dealer, an independent mobility motor |
|
vehicle dealer, and a wholesale motor vehicle dealer. |
|
(8-a) "Independent mobility motor vehicle dealer" has |
|
the meaning assigned by Section 2301.002, Occupations Code. |
|
(9) "Independent motor vehicle dealer" means a dealer |
|
other than a franchised motor vehicle dealer, an independent |
|
mobility motor vehicle dealer, or a wholesale motor vehicle dealer. |
|
SECTION 4. Section 503.021, Transportation Code, is amended |
|
to read as follows: |
|
Sec. 503.021. DEALER GENERAL DISTINGUISHING NUMBER. A |
|
person may not engage in business as a dealer, directly or |
|
indirectly, including by consignment, without a dealer general |
|
distinguishing number in one of the [six] categories described by |
|
Section 503.029(a)(6) for each location from which the person |
|
conducts business as a dealer. |
|
SECTION 5. Section 503.029(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) An applicant for an original or renewal dealer general |
|
distinguishing number must submit to the department a written |
|
application on a form that: |
|
(1) is provided by the department; |
|
(2) contains the information required by the |
|
department; |
|
(3) contains information that demonstrates the person |
|
meets the requirements prescribed by Section 503.032; |
|
(4) contains information that demonstrates the |
|
applicant has complied with all applicable state laws and municipal |
|
ordinances; |
|
(5) states that the applicant agrees to allow the |
|
department to examine during working hours the ownership papers for |
|
each registered or unregistered vehicle in the applicant's |
|
possession or control; and |
|
(6) specifies whether the applicant proposes to be a: |
|
(A) franchised motor vehicle dealer; |
|
(B) independent motor vehicle dealer; |
|
(C) wholesale motor vehicle dealer; |
|
(D) motorcycle dealer; |
|
(E) house trailer dealer; [or] |
|
(F) trailer or semitrailer dealer; or |
|
(G) independent mobility motor vehicle dealer. |
|
SECTION 6. Subchapter B, Chapter 503, Transportation Code, |
|
is amended by adding Section 503.0295 to read as follows: |
|
Sec. 503.0295. INDEPENDENT MOBILITY MOTOR VEHICLE DEALERS. |
|
A person who seeks to act as an independent mobility motor vehicle |
|
dealer shall provide with each application for a general |
|
distinguishing number and each renewal application: |
|
(1) a written statement that the dealer: |
|
(A) shall maintain written records until at least |
|
the third anniversary of the date that adaptive work is performed; |
|
and |
|
(B) agrees to comply with Chapter 469, Government |
|
Code; and |
|
(2) proof that the person: |
|
(A) maintains a garagekeeper's insurance policy |
|
in an amount of at least $50,000 and a products-completed |
|
operations insurance policy in an amount of at least $1 million per |
|
occurrence and in the aggregate; |
|
(B) holds a welder's certification, or that the |
|
person's approved subcontractor holds a certificate, that complies |
|
with the standards of the American Welding Society Sections D1.1 |
|
and D1.3, if the person or subcontractor will perform any |
|
structural modifications; and |
|
(C) is registered with the National Highway |
|
Traffic and Safety Administration. |
|
SECTION 7. Section 503.036(b), Transportation Code, is |
|
amended to read as follows: |
|
(b) The holder of an independent motor vehicle dealer's |
|
general distinguishing number or an independent mobility motor |
|
vehicle dealer's general distinguishing number may reassign a |
|
certificate of title or other basic evidence of ownership of any |
|
type of vehicle owned by the dealer that the dealer is not otherwise |
|
prohibited by law from selling or offering for sale. |
|
SECTION 8. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2007. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 2216 was passed by the House on May |
|
10, 2007, by the following vote: Yeas 142, Nays 1, 3 present, not |
|
voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
I certify that H.B. No. 2216 was passed by the Senate on May |
|
21, 2007, by the following vote: Yeas 31, Nays 0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: _____________________ |
|
Date |
|
|
|
_____________________ |
|
Governor |