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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the Texas Department of Transportation |
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to refuse to register a motor vehicle in certain circumstances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 502.185, Transportation Code, is amended |
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to read as follows: |
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Sec. 502.185. REFUSAL TO REGISTER CERTAIN VEHICLES [VEHICLE
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IN CERTAIN COUNTIES]. (a) A county may enter into a contract with |
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[assessor-collector or] the department under which the department |
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shall [may] refuse to register a motor vehicle if the |
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assessor-collector for that county notifies [or] the department |
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[receives information] that the owner of the vehicle owes the |
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county money for a fine, fee, or tax that is past due. |
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(b) The [A county may contract with the] department shall |
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refuse to register a motor vehicle if the department has received |
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from the assessor-collector for a county that has entered into a |
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contract with [to provide information to] the department [necessary
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to make a determination] under Subsection (a) notice that the owner |
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of the vehicle owes the county money for a fine, fee, or tax that is |
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past due. To be valid, the notice must include: |
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(1) the name of the owner and the license number or |
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vehicle identification number of the vehicle; |
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(2) the amount of each fine, fee, or tax that is past |
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due; |
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(3) the name of the entity to which each fine, fee, or |
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tax is due; and |
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(4) the address of the office where payment of each |
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fine, fee, or tax can be made or sent and the telephone number for |
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that office. |
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(c) On receipt of notice that complies with Subsection (b), |
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the department shall notify the owner of the vehicle, in writing, of |
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the department's refusal under this section to register the |
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vehicle. The department shall include with the notice to the owner |
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a copy of the notice received from the county assessor-collector |
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under Subsection (b) or a statement that includes the information |
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listed in Subsections (b)(1)-(4). The notice must state that the |
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department will continue to refuse to register the vehicle until |
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the owner pays or otherwise discharges each fine, fee, or tax due |
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the county. |
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(d) A county assessor-collector who [that] has sent a notice |
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to the department [contract] under Subsection (b) shall notify the |
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department not later than the third business day after the date the |
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person [regarding a person for whom the county assessor-collector
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or the department has refused to register a motor vehicle on]: |
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(1) makes [the person's] payment or other means of |
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discharge of the past due fine, fee, or tax; or |
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(2) perfects [perfection of] an appeal of the case |
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contesting payment of the fine, fee, or tax. |
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(e) [(d)] After notice is received under Subsection (d), |
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[(c), the county assessor-collector or] the department may not |
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refuse to register the motor vehicle under Subsection (b) [(a)]. |
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(f) The department may enter into a [(e) A] contract with a |
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private vendor to implement this section [under Subsection (b) must
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be entered into in accordance with Chapter 791, Government Code,
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and is subject to the ability of the parties to provide or pay for
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the services required under the contract]. |
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(g) [(f)] A county that has entered into a contract under |
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Subsection (a) [(b)] may impose an additional fee on [to] a person |
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paying a fine, fee, or tax to the county after the date the county |
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assessor-collector sends notice to the department under Subsection |
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(b) [it is past due]. The amount of the additional fee must be |
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reasonable. Each additional fee collected by a county shall be sent |
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to the department for deposit to the credit of the state highway |
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fund and [may be] used only to reimburse the department for its |
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expenses for providing services under the contract. |
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(h) [(g)] In this section: |
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(1) a fine, fee, or tax is considered past due if it is |
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unpaid 90 or more days after the date it is due; and |
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(2) registration of a motor vehicle includes renewal |
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of the registration of the vehicle. |
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(i) [(h)] This section does not apply to the registration of |
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a motor vehicle under Section 501.0234. |
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SECTION 2. An existing contract entered into by a county and |
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the Texas Department of Transportation under Section 502.185, |
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Transportation Code, as that section existed immediately before the |
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effective date of this Act, automatically terminates on the |
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effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2010. |
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