BILL ANALYSIS
By: Bohac
BACKGROUND AND PURPOSE
The issue of illegal automobile sales (curbstoning) is both a consumer protection issue and a public safety threat. Consumers are often left without any recourse when they encounter problems with such vehicles, due to the unlawful seller not being the person to whom the vehicle is titled. Additionally, these vehicles inundate city streets and residential areas, usually have flood damaged or salvage titles and cannot be properly licensed or insured. Salvage titled vehicles often lack the basic safety features required for operation on our roadways. There is also, to a large extent, severe tax fraud being committed by these unlicensed dealers. Finally, these activities create an atmosphere that negatively affects the quality of life for our residents and community.
Although a city police department has the authority to write citations for these violations and a city attorney may bring forth actions of enforcement, a municipal court lacks original jurisdiction to enforce these laws.
HB 2509 would give municipal courts concurrent original jurisdiction with a county court or a county court at law over an action to enforce these vehicle dealer and manufacturer license plate laws.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
The bill amends Section 503.092(b) of the Transportation Code to give municipal courts concurrent jurisdiction with county courts and county courts at law over an action to enforce Chapter 503, including power to impose criminal sanctions and civil fines.
EFFECTIVE DATE
September 1, 2005