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.