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BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 2186

81R18837 JAM-D                                                                                         By: Guillen (Huffman)

                                                                                                 Transportation & Homeland Security

                                                                                                                                              5/8/2009

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Under Texas law, registered tax assessor-collectors are required to immediately certify returned payments for vehicle registration to law enforcement for action.  This requirement does not allow time to contact the customer in order to correct the situation.  In most cases, returned remittance can be redeemed with little effort and was simply the result of a mistake.

 

H.B. 2186 allows county assessor-collectors to contact individuals in an effort to collect payment on returned checks or drafts before they are required to certify the returned payments to law enforcement for action.

 

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 502.181(a), Transportation Code, as follows:

 

(a)  Requires a county assessor-collector who receives from any person a check or draft drawn on a bank or trust company in payment of a registration fee for a registration year that has not ended on a motor vehicle, trailer, or motorcycle sidecar that is returned unpaid because of insufficient funds or no funds in the bank or trust company to the credit of the drawer of the check or draft to certify, rather than immediately certify, the fact to the sheriff or a constable or highway patrol officer in the county after attempts to contact the person fail to result in the collection of payment.  Requires the certification be made before the 30th day after the date the check or draft is returned unpaid and be accompanied by documentation of any attempt to contact the person and collect payment.

 

SECTION 2.  Makes application of this Act prospective.

 

SECTION 3.  Effective date:  September 1, 2009.