SRC-JJJ H.B. 3521 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 3521
76R11338 WP-FBy: Noriega (Whitmire)
Infrastructure
5/10/1999
Engrossed


DIGEST 

Currently, motor vehicle title services are unregulated, post no bonds, and
are not required to maintain records.  Such third-party title services have
been linked to vehicle insurance fraud and car theft.  H.B. 3521would
establish provisions regarding motor vehicle title services, and would
provide a criminal penalty. 

PURPOSE

As proposed, H.B. 3521 establishes provisions regarding motor vehicle title
services, and  provides a criminal penalty. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the county tax assessor-collector in
SECTION 1 (Section 520.059(b), Transportation Code) of this bill.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 520, Transportation Code, by adding Subchapter
E, as follows: 

SUBCHAPTER E.  MOTOR VEHICLE TITLE SERVICES 

Sec. 520.051.  DEFINITIONS.  Defines "motor vehicle," "motor vehicle title
service," "title documents," "title service license holder," "title service
record," and "title service runner." 

Sec. 520.052.  APPLICABILITY.  Provides that this subchapter applies to any
motor vehicle title service operating in a county that has a population of
more than 2.8 million. 

Sec. 520.053.  LICENSE REQUIRED.  Prohibits a person from acting as a motor
vehicle title service or acting as an agent for that business unless that
person holds a license issued under this subchapter. 

Sec. 520.054.  GENERAL LICENSE APPLICATION REQUIREMENTS.  Requires an
applicant for a motor vehicle title service license (service license) to
apply on a form prescribed by the county tax assessor-collector.  Sets
forth inclusions required in the application.   
   
Sec. 520.055.  APPLICATION REQUIREMENTS: CORPORATION.  Sets forth
additional required information for a service license applicant that
intends to engage in business as a corporation. 

Sec. 520.056.  APPLICATION REQUIREMENTS: PARTNERSHIP.  Sets forth
additional required information for a service license applicant that
intends to engage in business as a partnership. 

Sec.  520.057.  RECORDS.  Requires a service license holder to maintain
required records on a prescribed form and made available by the county tax
assessor-collector for each transaction in which the license holder
receives compensation.  Sets forth required inclusions  for the record.
Sets forth certain documents that a motor vehicle service is required to
keep.  
Sec. 520.058.  INSPECTION OF RECORDS.  Requires a license holder or any of
its employees to allow an inspection of required records by a peace officer
on the premises of the motor vehicle title service at any reasonable time
to verify, check, or audit the records. 

Sec. 520.059.  DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.  Authorizes
the county tax assessor-collector to deny, suspend, revoke, or reinstate a
service license. Requires the county tax assessor-collector to adopt rules
that establish grounds for the denial, suspension, revocation, or
reinstatement of a licence and rules that establish procedures for
disciplinary action.  Establishes that procedures issued under this
subchapter are subject to Chapter 2001, Government Code.  Prohibits a
person whose service license is revoked from applying for a new license
before the first anniversary of the date of the revocation.  Prohibits a
service license from being issued under a fictitious name that is similar
to or may be confused with the name of a governmental entity or that is
deceptive or misleading to the public. 

Sec. 520.060.  LICENSE RENEWAL.  Provides that a service license expires on
the first anniversary of the date of issuance and may be renewed annually
on or before the expiration date on payment of the required renewal fee.
Authorizes a person who is otherwise eligible to renew a service license to
renew an unexpired license by paying to the county tax assessorcollector
before the expiration date of the service license the required renewal fee.
Prohibits a person whose license has expired from engaging in activities
that require a service license until the license has been renewed.  Sets
forth conditions regarding renewal providing the amount of time the license
has been expired.  Authorizes a person who has been out of the state doing
business for a two years preceding the application to renew an expired
service license.  Requires the person to pay to the county tax
assessor-collector a fee that is equal to two times the required renewal
fee for the license.  Requires the county tax assessor-collector to notify
a person of the impending expiration of service license, before the 30th
day preceding the expiration date.  Requires the notice to be in writing
and sent to the person.   

Sec. 520.061.  CRIMINAL PENALTY.  Provides that a person commits an offense
if the person violates this subchapter or a rule adopted by the county
assessor-collector. Establishes that an offense under this section is a
Class A misdemeanor. 

Sec. 520.062.  INJUNCTION.  Authorizes a district attorney of the county in
which the motor vehicle title service is located to bring an action to
enjoin the operation of a motor vehicle title service if the service
license holder or a runner of the motor vehicle title service while in the
scope of the runner's employment  is convicted of more than one offense
under this subchapter.  Sets forth provisions by which the court is
authorized to grant relief.   
  
Sec. 520.063.  EXEMPTIONS.  Provides that certain persons and their agents
are exempt from the licensing and other requirements established by this
subchapter.   

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.