HBA-EVB H.B. 3521 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3521
By: Noriega
Transportation
4/6/1999
Introduced



BACKGROUND AND PURPOSE 

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. 3521 regulates
motor vehicle title services in counties with a population of more than 1.6
million. The bill also requires that motor vehicle title services in such
counties be registered and licensed, and required to maintain records that
are available for inspection. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

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 clerk," "title service license
holder," " title service record," and "title service runner." 

Sec. 520.052. APPLICABILITY. Applies this subchapter to any motor vehicle
title service operating in a county that has a population of more than 1.6
million. 

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

(b) Prohibits a person from acting as a title service clerk or a title
service runner unless the person holds a license issued under this
subchapter. 

Sec. 520.054. GENERAL LICENSE APPLICATION REQUIREMENTS. (a) Provides that
an applicant for a motor vehicle title service license must apply on a form
prescribed by the county tax assessor-collector. Provides that the
application form must be signed by the applicant and be accompanied by the
application fee. 

(b) Provides that the application must include certain enumerated
information. 

Sec. 520.055. APPLICATION REQUIREMENTS: CORPORATION. Requires an applicant
for a motor vehicle title service license that intends to engage in
business as a corporation to submit, in addition to the information
required in Section 520.054, an enumerated list of information. 

Sec. 520.056. APPLICATION REQUIREMENTS: PARTNERSHIP. Requires an applicant
for a motor vehicle title service license that intends to engage in
business as a partnership to submit, in addition to the information
required in Section 520.054, an  application that includes an enumerated
list of information. 

Sec. 520.057. CLASSIFICATION OF LICENSE ENDORSEMENTS. (a) Requires the
county tax assessor-collector to classify motor vehicle title service
employees according to the type of activity performed by the license
holder. Prohibits a motor vehicle title service employee from engaging in
activities for a particular classification under this subchapter unless the
employee holds a license under that classification. 

(b) Authorizes an applicant to apply for a motor vehicle title service
license with an endorsement for an employee as a title service clerk or a
title service runner. 

(c) Requires the county tax assessor-collector to prescribe the procedures
and qualifications for obtaining a title service clerk's or a title service
runner's license. 

Sec. 520.058. RECORDS. (a) Requires a holder of a motor vehicle title
service license to maintain records as required by this section on a form
prescribed and made available by the county tax assessor-collector for each
transaction in which the licensee receives compensation. Requires the
records to include enumerated information. 

(b) Requires the motor vehicle title service to keep two copies of all
records required under this section for at least two years after the date
of the transaction. 

Sec. 520.059. INSPECTION OF RECORDS. Requires a motor vehicle title service
license holder or any of its employees to allow an inspection of records
required under Section 520.058, 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. 520.060. AGENT. Authorizes the holder of a title service clerk's
license to authorize not more than five individuals to operate as a title
service runner under the holder's license. Provides that a person
authorized to operate as a title service runner under a title service
clerk's license is not required to hold a license under Section 520.053(b)
or 520.057(a). 

Sec. 520.061. DENIAL, SUSPENSION, OR REVOCATION OF LICENSE. (a) Authorizes
the county tax assessor-collector to deny, suspend, revoke, or reinstate a
license issued under this subchapter. 

(b) Requires the county tax assessor-collector to adopt rules that
establish grounds for the denial, suspension, revocation, or reinstatement
of a license and rules that establish procedures for disciplinary action.
Provides that any procedures issued under this subchapter are subject to
Chapter 2001, Government Code. 

(c) Prohibits a person whose license is revoked from applying for a new
license before the first anniversary of the date of the revocation. 

(d) Prohibits a 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. 520.062. CRIMINAL PENALTY. Provides that a person commits an offense
if the person violates a provision of this subchapter or a rule adopted by
the commission under this subchapter. Provides that an offense under this
section is a Class A misdemeanor. 

Sec. 520.063. INJUNCTION. (a) 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 motor vehicle
title service license holder, or a title service clerk or runner of the
motor vehicle title service, while in the scope of the clerk's or runner's
employment, is convicted of more  than one offense under this subchapter. 

 (b) Authorizes the court, if the court grants relief under Subsection (a),
to enjoin the person from maintaining or participating in the business of a
motor vehicle title service for a period of time as determined by the
court; or declare the place where the person's business is located to be
closed for any use relating to the business of the motor vehicle title
service for as long as the person is enjoined from participating in that
business. 

SECTION 2. Effective date: September 1, 1999.

SECTION 3. Emergency clause.