By Woolley H.B. No. 1532
75R2766 DRH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to refusing to register a vehicle for or suspending the
1-3 driver's license of a person who owes a fine, fee, or tax to
1-4 certain counties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter D, Chapter 502, Transportation Code,
1-7 is amended by adding Section 502.185 to read as follows:
1-8 Sec. 502.185. REFUSAL TO REGISTER VEHICLE IN CERTAIN
1-9 COUNTIES. (a) This section applies only to a county with a
1-10 population of 2,800,000 or more.
1-11 (b) A county assessor-collector or the department may refuse
1-12 to register a motor vehicle if the assessor-collector or the
1-13 department receives information that the owner of the vehicle owes
1-14 the county money for a fine, fee, or tax that is past due.
1-15 (c) A county may contract with the department to provide
1-16 information to the department necessary to make a determination
1-17 under Subsection (b).
1-18 (d) A county that has a contract under Subsection (c) shall
1-19 notify the department regarding a person for whom the county
1-20 assessor-collector or the department has refused to register a
1-21 motor vehicle on:
1-22 (1) the person's payment or other means of discharge
1-23 of the past due fine, fee, or tax; or
1-24 (2) perfection of an appeal of the case contesting
2-1 payment of the fine, fee, or tax.
2-2 (e) After notice is received under Subsection (d), the
2-3 county assessor-collector or the department may not refuse to
2-4 register the motor vehicle under Subsection (b).
2-5 (f) A contract under Subsection (c) must be entered into in
2-6 accordance with Chapter 791, Government Code, and is subject to the
2-7 ability of the parties to provide or pay for the services required
2-8 under the contract.
2-9 (g) A county that has a contract under Subsection (c) may
2-10 impose an additional fee to a person paying a fine, fee, or tax to
2-11 the county after it is past due. The additional fee may be used
2-12 only to reimburse the department for its expenses for providing
2-13 services under the contract.
2-14 (h) In this section, "registration" of a motor vehicle
2-15 includes renewal of the registration of that vehicle.
2-16 SECTION 2. Subchapter N, Chapter 521, Transportation Code,
2-17 is amended by adding Section 521.313 to read as follows:
2-18 Sec. 521.313. REVOCATION OF DRIVER'S LICENSE, PERMIT, OR
2-19 PRIVILEGE. (a) This section applies only to a county with a
2-20 population of 2,800,000 or more.
2-21 (b) If the Department of Public Safety receives under a
2-22 contract information from a county that a person owes a county
2-23 money for a fine, fee, or tax that is past due, the department may
2-24 begin proceedings to:
2-25 (1) revoke the driver's license or permit of the
2-26 person;
2-27 (2) revoke the driving privilege of the person; or
3-1 (3) prohibit the person from obtaining a driver's
3-2 license.
3-3 (c) A county may contract with the department to provide
3-4 information to the department necessary to make a determination
3-5 under Subsection (b).
3-6 (d) A county that has a contract under Subsection (c) shall
3-7 notify the department to reinstate a person's unexpired driver's
3-8 license, permit, or driving privilege that was revoked under this
3-9 section on:
3-10 (1) the person's payment or other means of discharge
3-11 of the past due fine, fee, or tax; or
3-12 (2) perfection of an appeal of the case contesting
3-13 payment of the fine, fee, or tax.
3-14 (e) A contract under Subsection (c) must be entered into in
3-15 accordance with Chapter 791, Government Code, and is subject to the
3-16 ability of the parties to provide or pay for the services required
3-17 under the contract.
3-18 (f) A county that has a contract under Subsection (c) may
3-19 impose an additional fee to a person paying a fine, fee, or tax to
3-20 the county after it is past due. The additional fee may be used
3-21 only to reimburse the department for its expenses for providing
3-22 services under the contract.
3-23 SECTION 3. Section 521.291(a), Transportation Code, is
3-24 amended to read as follows:
3-25 (a) If the director determines under Section 521.163 that a
3-26 license holder is incapable of safely operating a motor vehicle, or
3-27 if the department receives information about a license holder in
4-1 accordance with a contract under Chapter 702 or Section 521.313,
4-2 the director may notify the license holder of that fact and may
4-3 summon the license holder to appear at a hearing.
4-4 SECTION 4. Sections 521.294(d) and (e), Transportation Code,
4-5 are amended to read as follows:
4-6 (d) The presiding officer shall determine whether a person's
4-7 license should be revoked because the person:
4-8 (1) is incapable of safely operating a motor vehicle;
4-9 (2) has not complied with the terms of a citation
4-10 issued by a jurisdiction that is a party to the Nonresident
4-11 Violator Compact of 1977 for a traffic violation to which that
4-12 compact applies;
4-13 (3) [has an outstanding arrest warrant for failure to
4-14 appear or pay a fine on a complaint involving a violation of a
4-15 traffic law issued by a municipality that has contracted with the
4-16 department under Chapter 702;]
4-17 [(4)] has failed to provide medical records or has
4-18 failed to undergo medical or other examinations as required by a
4-19 panel of the medical advisory board;
4-20 (4) [(5)] has failed to pass an examination required
4-21 by the director under this chapter; [or]
4-22 (5) [(6)] has been reported by a court under Section
4-23 729.003 for failure to appear or for default in payment of a fine
4-24 unless the court files an additional report on final disposition of
4-25 the case;
4-26 (6) has been reported by a justice or municipal court
4-27 for failure to appear or for a default in payment of a fine for a
5-1 misdemeanor punishable only by fine, other than a failure or
5-2 default reported under Section 729.003, committed by a person
5-3 younger than 17 years of age when the offense was committed, unless
5-4 the court files an additional report on final disposition of the
5-5 case; or
5-6 (7) has been reported under a contract described by
5-7 Section 521.313(c) for failure to pay a fine, fee, or tax imposed
5-8 by a county.
5-9 (e) The presiding officer shall report the officer's
5-10 determination to the department. If the presiding officer makes an
5-11 affirmative determination under Subsection (d)(7) [(d)(3)], the
5-12 presiding officer shall report to the department to revoke the
5-13 person's license until notice to reinstate the license is received
5-14 under Section 521.313(d) [702.004(c)].
5-15 SECTION 5. (a) In addition to the substantive changes made
5-16 by this Act, this Act conforms Sections 521.294(d) and (e),
5-17 Transportation Code, to Section 2, Chapter 434, Acts of the 74th
5-18 Legislature, 1995, and Section 1, Chapter 512, Acts of the 74th
5-19 Legislature, 1995. To the extent of any conflict, this Act
5-20 prevails over another Act of the 75th Legislature, Regular Session,
5-21 1997, relating to nonsubstantive additions to or corrections in
5-22 enacted codes.
5-23 (b) Section 1, Chapter 512, Acts of the 74th Legislature,
5-24 1995, and Section 2, Chapter 434, Acts of the 74th Legislature,
5-25 1995, are repealed.
5-26 (c) To the extent of any conflict, this Act prevails over
5-27 another Act of the 75th Legislature, Regular Session, 1997,
6-1 relating to nonsubstantive additions to and corrections in enacted
6-2 codes.
6-3 SECTION 6. This Act takes effect September 1, 1997.
6-4 SECTION 7. The importance of this legislation and the
6-5 crowded condition of the calendars in both houses create an
6-6 emergency and an imperative public necessity that the
6-7 constitutional rule requiring bills to be read on three several
6-8 days in each house be suspended, and this rule is hereby suspended.