BILL ANALYSIS

C.S.S.B. 1817

By: Seliger

Transportation

Committee Report (Substituted)

BACKGROUND AND PURPOSE

The Texas Department of Motor Vehicles (TxDMV) has the authority to refuse, cancel, suspend, or revoke a motor vehicle title registration. However, it has been suggested that there is a need to account for lawsuits regarding vehicle ownership in the title application process and that certain titling and registration requirements need updating to allow titling processes to operate more efficiently. C.S.S.B. 1817 seeks to address these issues by requiring TxDMV to place a hold on processing such an application if it receives a request for a hold accompanied by evidence of a legal action regarding ownership of or a lien interest in the vehicle and by prohibiting an appeal of the hold if the title is related to a salvage or nonrepairable vehicle. The bill also requires a vehicle sold in compliance with the Vehicle Storage Facility Act to be titled and registered without the imposition of certain additional requirements.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.S.B. 1817 amends the Transportation Code to require the Texas Department of Motor Vehicles (TxDMV) to place a hold on processing a motor vehicle title application if it receives a request for a hold accompanied by evidence of a legal action regarding ownership of or a lien interest in the vehicle. The bill establishes that the hold continues until a final, nonappealable judgment is entered in the action or the party requesting the hold requests that the hold be removed.

C.S.S.B. 1817 changes the deadline by which an applicant aggrieved by an assessor-collector's determination regarding a refusal, rescission, cancellation, suspension, or revocation of title must file an appeal to the determination from not later than the fifth day after the date of that determination to not later than the fifth day after receipt of the determination. The bill prohibits a person from applying for a hearing on a title refusal, rescission, cancellation, suspension, or revocation if TxDMV's determination to take such action is related to a title for a salvage motor vehicle or a nonrepairable motor vehicle. The bill prohibits a person from obtaining a title for a salvage vehicle or nonrepairable motor vehicle by filing a bond with TxDMV as an alternative to applying for a hearing.

C.S.S.B. 1817 amends the Occupations Code to require a vehicle sold in compliance with the Vehicle Storage Facility Act to be titled and registered without the imposition by a county office of additional requirements not otherwise permitted by law.

EFFECTIVE DATE

September 1, 2021.

COMPARISON OF SENATE ENGROSSED AND SUBSTITUTE

While C.S.S.B. 1817 may differ from the engrossed in minor or nonsubstantive ways, the following summarizes the substantial differences between the engrossed and committee substitute versions of the bill.

The substitute includes a requirement that did not appear in the engrossed for a vehicle sold in compliance with the Vehicle Storage Facility Act to be titled and registered without the imposition by a county office of additional requirements not otherwise permitted by law.