BILL ANALYSIS

Senate Research Center                                                                                                      S.B. 1039

79R8334 DWS-F                                                                                                                  By: Ellis

Intergovernmental Relations

4/14/2005

As Filed

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

Curbstoning is the practice of selling automobiles on the street curb, or in parking lots, by licensed dealers, unlicensed dealers, or individuals.  It is estimated that over 100,000 cars a year are sold in this manner in the City of Houston.  The Houston Police Department has the authority to write citations for these violations; however, the violations cannot be heard in municipal courts.  Instead, the officer writing the citation must file the violation with a justice of the peace court or a county court, as these courts have concurrent original jurisdiction over an action to enforce curbstoning.  As proposed, S.B. 1039 allows municipal court to hear cases involving curbstoning violations.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 503.092(b), Transportation Code, to provide that a justice or municipal court has concurrent original jurisdiction with the county court at law over an action to enforce this chapter (Dealer's and Manufacturer's License Plates).

SECTION 2.  Effective date: upon passage or September 1, 2005.