AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, a motor vehicle title service company is required to obtain a license from a tax assessor-collector to conduct business in certain Texas counties.

 

The current licensing process for a motor vehicle title service license applicant allows a county tax assessor-collector to obtain certain information on the applicant, including a criminal background check, to assess the risk of potential title fraud.

 

Local law enforcement, however, is only authorized to run a county-wide background check on behalf of the county tax assessor-collector, which will not include a conviction for a crime in Texas outside the respective county.

 

Critics assert that a county tax assessor-collector's office needs access to a comprehensive criminal history record to obtain a more complete picture of an applicant's background and make a fully-informed decision on whether to grant or deny the applicant a license.

 

H.B. 2648 seeks to entitle a county tax assessor-collector to obtain statewide criminal history record information from the Department of Public Safety of the State of Texas on an individual applying for a motor vehicle title service license.

 

H.B. 2648 amends current law relating to access to criminal history record information by a county tax assessor-collector.

 

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 Subchapter F, Chapter 411, Government Code, by adding Section 411.14065, as follows:

 

Sec. 411.14065.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: COUNTY TAX ASSESSOR-COLLECTOR.  Entitles a county tax assessor-collector to obtain from the Department of Public Safety of the State of Texas (DPS) criminal history record information maintained by DPS that relates to a person who is an applicant for a motor vehicle title service license issued under Subchapter E (Motor Vehicle Title Services), Chapter 520 (Miscellaneous Provisions), Transportation Code.

 

SECTION 2.  Effective date:  upon passage or September 1, 2013.