TITLE: Relating to the authority of a person to sell property without engaging in business as a motor vehicle dealer.

SUMMARY: Relating to the authority of a person to sell property without engaging in business as a motor vehicle dealer.

FULL TEXT:
AN ACT relating to the authority of a person to sell property without engaging in business as a motor vehicle dealer. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Sections 503.024(b) and (d), Transportation Code, are amended to read as follows: (b) For the purposes of Section 503.021, a person is not engaging in business as a dealer by: (1) selling or offering to sell,if the sale or offer is not made to avoid a requirement of this chapter, a vehicle the person acquired for personal or business use to:(A) a person other than a retail buyer if not sold or offered through a licensed auctioneer; or (B) any person if the sale or offer is made through a licensed auctioneer [if the sale or offer is not made to avoid a requirement of this chapter];(2) selling, in a manner provided by law for the forced sale of vehicles, a vehicle in which the person holds a security interest; (3) acting under a court order as a receiver, trustee, administrator, executor, guardian, or other appointed person; (4) selling a vehicle the person acquired from the vehicle's owner as a result of paying an insurance claim if the person is an insurance company; (5) selling an antique passenger car or truck that is at least 25 years of age; or (6) selling a special interest vehicle that is at least 12 years of age if the person is a collector. (d) For the purposes of Section 503.021, a licensed auctioneer is not engaging in business as a dealer by, as a bid caller, selling or offering to sell property,including a business that holds the title to any number of vehicles, to the highest bidder at a bona fide auction if: (1) legal or equitable title does not pass to the auctioneer; (2) the auction is not held to avoid a requirement of this chapter; and (3) for an auction of vehicles owned legally or equitably by a person who holds a general distinguishing number, the auction is conducted at the location for which the general distinguishing number was issued. SECTION 2. This Act takes effect September 1, 2017.