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A BILL TO BE ENTITLED
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AN ACT
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relating to the denial of vehicle registration for failure to pay |
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parking tickets. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle I, Title 7, Transportation Code, is |
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amended by adding Chapter 707 to read as follows: |
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CHAPTER 707. DENIAL OF VEHICLE REGISTRATION FOR FAILURE TO PAY |
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MUNICIPAL PARKING FINES |
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Sec. 707.001. DEFINITIONS. In this chapter: |
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(1) "Department" means the Texas Department of |
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Transportation. |
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(2) "Registration" of a motor vehicle includes a |
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renewal of the registration of that vehicle. |
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Sec. 707.002. CONTRACT WITH COUNTY OR DEPARTMENT. (a) A |
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municipality may contract with a county in which the municipality |
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is located or with the department to provide information necessary |
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for the county or department to deny registration of a motor vehicle |
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if the owner of the vehicle has an unpaid fine for a violation of an |
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ordinance of the municipality regulating the parking, standing, or |
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stopping of a vehicle. |
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(b) A contract under this section: |
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(1) must be made in accordance with Chapter 791, |
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Government Code; and |
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(2) is subject to the ability of the parties to provide |
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or pay for the services required under the contract. |
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Sec. 707.003. WARNING; CITATION. (a) If a municipality |
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makes a contract under this chapter, a citation for a violation of |
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an ordinance of the municipality regulating the parking, standing, |
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or stopping of a vehicle must include a written warning. |
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(b) The warning required by this section must state that if |
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the person fails to pay a fine associated with the violation, the |
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person may be denied registration of any motor vehicle owned by the |
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person. |
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(c) The warning required by this section may be printed on |
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the citation. |
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Sec. 707.004. REFUSAL TO REGISTER VEHICLE. (a) If a |
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municipality has contracted with a county or the department, a |
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county assessor-collector or the department may deny registration |
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of a motor vehicle if the assessor-collector or the department |
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receives information from a municipality that the owner of the |
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vehicle has an unpaid fine for a violation of an ordinance of the |
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municipality regulating the parking, standing, or stopping of a |
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vehicle. |
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(b) A municipality may report an unpaid fine for a violation |
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of an ordinance of the municipality under this section only if: |
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(1) the fine is past due; |
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(2) the person failed to make a timely challenge to the |
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imposition of the fine; |
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(3) the person owes the municipality more than $100 in |
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the aggregate in past due fines, including the fine for which a |
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report is made, for violations of ordinances of the municipality |
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regulating the parking, standing, or stopping of a vehicle; and |
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(4) the municipality has sent a notice to the person by |
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first-class mail indicating the person may be denied registration |
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of a motor vehicle owned by the person for past due fines. |
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(c) A municipality may not report an unpaid fine for a |
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violation of an ordinance of the municipality under this section if |
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a registered owner who is the rental owner or lessor of a vehicle, |
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not later than the 30th day after the date the notice required under |
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Subsection (b)(4) is mailed, provides to the authority a copy of the |
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rental, lease, or other contract document covering the vehicle on |
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the date of the violation of the municipal ordinance. The name and |
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address of the lessee must be clearly legible. |
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(d) If an unpaid fine is successfully challenged under |
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Subsection (c) by a lessor or rental owner, the lessee of the |
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vehicle on the date of the violation is considered to be the owner |
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of the vehicle for purposes of this section. |
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(e) This section does not apply to a vehicle transferred to, |
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or owned or transferred by, a dealer as defined by Section 503.001. |
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Sec. 707.005. NOTICE TO COUNTY OR DEPARTMENT. A municipality |
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shall notify the county or the department that there is no cause to |
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continue to deny registration of a motor vehicle owned by a person |
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based on the person's failure to pay a fine for a violation of an |
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ordinance of the municipality regulating the parking, standing, or |
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stopping of a vehicle on: |
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(1) the person's payment of all unpaid fines to the |
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municipality and any late fees associated with those fines; or |
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(2) dismissal of the unpaid fines by the municipality. |
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SECTION 2. (a) The change in law made by this Act applies |
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only to the violation of a municipal ordinance regulating the |
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parking, standing, or stopping of a vehicle that occurs on or after |
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the effective date of this Act. A violation of a municipal |
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ordinance regulating the parking, standing, or stopping of a |
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vehicle that occurs before the effective date of this Act is |
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governed by the law in effect when the violation occurs, and the |
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current law is continued in effect for that purpose. |
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(b) For purposes of this section, a violation is committed |
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before the effective date of this Act if any element of the |
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violation occurs before that date. |
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SECTION 3. This Act takes effect September 1, 2007. |