BILL ANALYSIS

 

 

Senate Research Center

S.B. 1386

 

By: Lucio

 

Transportation & Homeland Security

 

8/25/2011

 

Enrolled

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Under current statute a county assessor-collector may refuse to register a motor vehicle if the owner owes the county money for a fine, fee, or tax that is past due.

 

S.B. 1386 amends the Transportation Code to include failure to appear in connection with traffic citations as a reason for which an assessor-collector may refuse to register a motor vehicle.  Additionally, a county may contract with the county assessor-collector to provide information to the Texas Department of Motor Vehicles (TxDMV) to make a determination on registration refusal.  A fee of $20 may be imposed to reimburse TxDMV or the county assessor-collector for expenses related to this act.

 

S.B. 1386 amends current law relating to the refusal to register motor vehicles by a county assessor-collector or the Texas Department of Motor Vehicles.

 

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 502.185, Transportation Code, by amending Subsections (a) and (f) and adding Subsection (f-1), as follows:

 

(a)  Authorizes a county assessor-collector or the Texas Department of Motor Vehicles (TxDMV) to refuse to register a motor vehicle if the assessor-collector or TxDMV receives information that the owner of the vehicle:

 

(1) owes the county money for a fine, fee, or tax that is past due; or

 

(2) failed to appear in connection with a complaint, citation, information, or indictment in a court in the county in which a criminal proceeding is pending against the owner.

 

(f)  Authorizes a county that has a contract under Subsection (b) to impose an additional fee of $20 to:

 

(1) a person who fails to pay a fine, fee, or tax to the county by the date on which the fine, fee, or tax is due; or

 

(2) a person who fails to appear in connection with a complaint, citation, information, or indictment in a court in the county in which a criminal proceeding is pending against the owner.

 

(f-1)  Creates this subsection from existing text.  Authorizes the additional fee to be used only to reimburse TxDMV or the county assessor-collector for its expenses for providing services under the contract, or another county department for expenses related to services under the contract.

 

SECTION 2.  Amends Section 702.003, Transportation Code, by amending Subsections (b) and (c) and adding Subsection (e-1), as follows:

 

(b)  Authorizes a municipality to contract with a county in which the municipality is located or TxDMV to provide information to the county assessor-collector or TxDMV necessary to make a determination under Subsection (a).

 

(c)  Makes a conforming change.

 

(e-1)  Authorizes a municipality that has a contract under Subsection (b) to impose an additional $20 fee to a person who has an outstanding warrant from the municipality for failure to appear or failure to pay a fine on a complaint that involves the violation of a traffic law.  Authorizes the additional fee to be used only to reimburse TxDMV or the county assessor-collector for its expenses for providing services under the contract, or another county department for expenses related to services under the contract.

 

SECTION 3.  Makes application of this Act prospective.

 

SECTION 4.  Effective date: September 1, 2011.