BILL ANALYSIS

C.S.H.B. 2186

By: Guillen

Transportation

Committee Report (Substituted)

BACKGROUND AND PURPOSE

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.

C.S.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

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

C.S.H.B. 2186 amends the Transportation Code to specify that certification to a local sheriff, constable, or highway patrol officer of the fact that a county assessor-collector has received from a person a check drawn against insufficient funds as payment of a vehicle registration fee is required after attempts to contact the person fail to result in the collection of payment and before the 30th day after the date the check or draft is returned unpaid, rather than immediately after the fact. The bill adds to the certification requirements that the certification be accompanied by documentation of any attempt to contact the person and collect payment.

EFFECTIVE DATE

September 1, 2009.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 2186 adds a provision not in the original to require certification relating to the payment of a vehicle registration fee by a check drawn against insufficient funds to be made before the 30th day after the date the check or draft is returned unpaid.