BILL ANALYSIS

 

 

Senate Research Center

S.B. 1386

82R8212 TRH-D

By: Lucio

 

Transportation & Homeland Security

 

4/12/2011

 

As Filed

 

 

 

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

 

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), (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.