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A BILL TO BE ENTITLED
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AN ACT
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relating to the county in which a person may apply for the |
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registration of and title for a motor vehicle. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 501.023(a), Transportation Code, is |
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amended to read as follows: |
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(a) The owner of a motor vehicle must present identification |
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and apply for a title as prescribed by the department, unless |
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otherwise exempted by law. To obtain a title, the owner must |
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apply: |
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(1) to the county assessor-collector in the county in |
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which: |
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(A) the owner is domiciled; or |
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(B) the motor vehicle is purchased or encumbered; |
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or |
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(2) to any [the] county assessor-collector [of a |
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county] who is willing to accept the application [if the county |
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assessor-collector's office of the county in which the owner |
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resides is closed or may be closed for a protracted period of time |
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as defined by the department]. |
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SECTION 2. Section 501.0234(d), Transportation Code, is |
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amended to read as follows: |
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(d) A seller who applies for the registration or a title for |
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a motor vehicle under Subsection (a)(1) may [shall] apply: |
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(1) to the county assessor-collector of the county in |
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which: |
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(A) the owner is domiciled; or |
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(B) the motor vehicle is purchased or encumbered; |
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or |
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(2) to any [in the] county assessor-collector who is |
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willing to accept the application [as directed by the purchaser |
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from the counties set forth in Section 501.023]. |
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SECTION 3. Section 501.030(e), Transportation Code, is |
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amended to read as follows: |
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(e) Before a motor vehicle that is required to be registered |
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in this state and that is brought into this state by a person other |
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than a manufacturer or importer may be bargained, sold, |
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transferred, or delivered with an intent to pass an interest in the |
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vehicle or encumbered by a lien, the owner must apply for a title in |
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a manner prescribed by the department to the county |
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assessor-collector for the county in which the transaction is to |
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take place or to any assessor-collector who is willing to accept the |
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application. The assessor-collector may not issue a title receipt |
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unless the applicant delivers to the assessor-collector |
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satisfactory evidence showing that the applicant is the owner of |
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the vehicle and that the vehicle is free of any undisclosed liens. |
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SECTION 4. Section 502.0023(b), Transportation Code, is |
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amended to read as follows: |
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(b) A system of extended registration under this section |
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must allow the owner of a commercial fleet to register[: |
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[(1)] an entire commercial fleet in the county of the |
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owner's residence or principal place of business or in any county in |
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which the county assessor-collector is willing to accept the |
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registration[; or |
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[(2) the motor vehicles in a commercial fleet that are |
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operated most regularly in the same county]. |
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SECTION 5. Section 502.040(b), Transportation Code, is |
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amended to read as follows: |
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(b) The application must be accompanied by personal |
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identification as determined by department rule and made in a |
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manner prescribed by the department through: |
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(1) [through] the county assessor-collector of the |
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county in which the owner resides; or |
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(2) any [if the office of that assessor-collector is |
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closed, or may be closed for a protracted period of time, as defined |
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by department rule, through a] county assessor-collector who is |
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willing to accept the application. |
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SECTION 6. Section 502.041(a), Transportation Code, is |
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amended to read as follows: |
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(a) Notwithstanding Section 502.040, the owner of a vehicle |
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may concurrently apply for a title and for registration through the |
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county assessor-collector of the county in which: |
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(1) the owner resides; [or] |
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(2) the vehicle is purchased or encumbered; or |
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(3) the county assessor-collector is willing to accept |
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the application. |
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SECTION 7. Section 502.407(c), Transportation Code, is |
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amended to read as follows: |
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(c) It is a defense to prosecution under this section that |
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at the time of the offense: |
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(1) the office of the county assessor-collector for |
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the county in which the owner of the vehicle resided was closed for |
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a protracted period of time in accordance with department rules |
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[Section 502.040(b)(2)]; and |
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(2) the vehicle's registration was expired for 30 |
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working days or less. |
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SECTION 8. The heading to Section 520.006, Transportation |
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Code, is amended to read as follows: |
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Sec. 520.006. COLLECTION OF FEES ON BEHALF OF ANOTHER |
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ASSESSOR-COLLECTOR; COMPENSATION OF ASSESSOR-COLLECTOR. |
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SECTION 9. Sections 520.006(a-1) and (b), Transportation |
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Code, are amended to read as follows: |
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(a-1) A county assessor-collector collecting fees on behalf |
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of another [a] county assessor-collector [whose office is closed or |
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may be closed for a protracted period of time as defined by the |
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department] for purposes of Section 501.023, 501.0234, 501.030, |
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502.0023, [or] 502.040, or 502.041 shall collect all taxes, fees, |
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and other revenue based on the vehicle owner's county of residence. |
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The vehicle owner's county of residence shall be the recipient of |
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all taxes, fees, and other revenue collected as a result of the |
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transaction, except that the county processing the application may |
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retain the portion of the title application fee under Section |
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501.138 and the processing and handling fee under Section 502.1911 |
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that the tax assessor-collector is authorized to [may] retain [the |
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commission for fees collected, but shall allocate the fees to the |
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county that is closed or may be closed for a protracted period of |
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time]. |
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(b) A county assessor-collector who is compensated under |
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this section for processing a transaction shall pay the entire |
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expense of issuing registration receipts and license plates under |
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Chapter 501 or 502 from the compensation allowed under this |
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section. |
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SECTION 10. Section 521.144(c), Transportation Code, is |
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amended to read as follows: |
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(c) A registration receipt issued by a [the] county |
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assessor-collector in this state [of the county in which the new |
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resident resides] is satisfactory evidence that a motor vehicle is |
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registered under Chapter 502. |
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SECTION 11. The following provisions of the Transportation |
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Code are repealed: |
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(1) Section 501.023(e); and |
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(2) Section 501.0234(e). |
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SECTION 12. Section 502.407(c), Transportation Code, as |
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amended by this Act, applies only to an offense committed on or |
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after the effective date of this Act. An offense committed before |
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the effective date of this Act is governed by the law in effect when |
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the offense was committed, and the former law is continued in effect |
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for that purpose. For purposes of this section, an offense was |
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committed before the effective date of this Act if any element of |
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the offense occurred before that date. |
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SECTION 13. This Act takes effect September 1, 2021. |
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