76R9920 E By Goolsby H.B. No. 19 Substitute the following for H.B. No. 19: By Turner of Coleman C.S.H.B. No. 19 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the denial of a motor vehicle registration for failure 1-3 to pay municipal parking fines. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subtitle I, Title 7, Transportation Code, is 1-6 amended by adding Chapter 707 to read as follows: 1-7 CHAPTER 707. DENIAL OF VEHICLE REGISTRATION FOR FAILURE TO PAY 1-8 MUNICIPAL PARKING FINES 1-9 Sec. 707.001. DEFINITIONS. In this chapter: 1-10 (1) "Department" means the Texas Department of 1-11 Transportation. 1-12 (2) "Registration" of a motor vehicle includes a 1-13 renewal of the registration of that vehicle. 1-14 Sec. 707.002. REFUSAL TO REGISTER VEHICLE. (a) A county 1-15 assessor-collector or the department may refuse to register a motor 1-16 vehicle if the assessor-collector or the department receives under 1-17 a contract information from a municipality that the owner of the 1-18 vehicle has an unpaid fine for a violation of an ordinance of the 1-19 municipality regulating the parking, standing, or stopping of a 1-20 vehicle. 1-21 (b) A municipality may contract with a county in which the 1-22 municipality is located or the department to provide information to 1-23 the county or department necessary to make a determination under 1-24 Subsection (a). 2-1 (c) A municipality may report an unpaid fine for a violation 2-2 of an ordinance of the municipality under this section only if: 2-3 (1) the fine is past due; 2-4 (2) the person failed to make a timely challenge to 2-5 the imposition of the fine; 2-6 (3) the person owes the municipality more than $100 in 2-7 the aggregate in past due fines, including the fine for which a 2-8 report is made, for violations of ordinances of the municipality 2-9 regulating the parking, standing, or stopping of a vehicle; and 2-10 (4) the municipality has sent a notice to the person 2-11 via first-class mail indicating the person may be denied 2-12 registration of any motor vehicle owned by the person for past due 2-13 fines. 2-14 (d) A contract under this section must be made in accordance 2-15 with Chapter 791, Government Code. A contract under this section 2-16 is subject to the ability of the parties to provide or pay for the 2-17 services required under the contract. 2-18 (e) A municipality that has a contract under Subsection (b) 2-19 shall notify the county or the department regarding a person the 2-20 municipality has reported under this section on: 2-21 (1) the person's payment of all unpaid fines to the 2-22 municipality and any late fees associated with those fines; or 2-23 (2) dismissal of the unpaid fines by the municipality. 2-24 (f) After notice is received under Subsection (e), the 2-25 county assessor-collector or the department may not refuse to 2-26 register the motor vehicle under Subsection (a). 2-27 Sec. 707.003. WARNING; CITATION. If a municipality makes a 3-1 contract under this chapter, a citation for a violation of an 3-2 ordinance of the municipality regulating the parking, standing, or 3-3 stopping of a vehicle must include a warning as required by Section 3-4 702.004. The warning must state in substance that if the person 3-5 fails to pay a fine associated with the violation, the person may 3-6 be denied registration of any motor vehicle owned by the person. 3-7 SECTION 2. The change in law made by this Act applies only 3-8 to the violation of a municipal ordinance regulating the parking, 3-9 standing, or stopping of a vehicle that occurs on or after the 3-10 effective date of this Act. For purposes of this section, a 3-11 violation is committed before the effective date of this Act if any 3-12 element of the violation occurs before that date. 3-13 SECTION 3. This Act takes effect September 1, 1999. 3-14 SECTION 4. The importance of this legislation and the 3-15 crowded condition of the calendars in both houses create an 3-16 emergency and an imperative public necessity that the 3-17 constitutional rule requiring bills to be read on three several 3-18 days in each house be suspended, and this rule is hereby suspended.