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 shall be imposed to reimburse TxDMV or the county assessor-collector for expenses related to this act.
As proposed, 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
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 502.185, Transportation Code, by amending Subsections (a), (b), 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 or citation relating to a county fine, fee or tax.
(b) Authorizes a county to contract with TxDMV or the county assessor-collector to provide information to TxDMV or the assessor-collector necessary to make a determination under Subsection (a).
(f) Requires 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 or citation relating to a county fine, fee, or tax.
Deletes existing text authorizing a county that has a contract under Subsection (b) to impose an additional fee to a person paying a fine, fee, or tax to the county after it is past due.
(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.
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 the assessor-collector for the county, rather than 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) Requires 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.
SECTION 3. Makes application of this Act prospective.
SECTION 4. Effective date: September 1, 2011.