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.