BILL ANALYSIS

 

 

 

H.B. 2648

By: Herrero

Homeland Security & Public Safety

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

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 on an individual applying for a motor vehicle title service license.

 

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

 

H.B. 2648 amends the Government Code to entitle a county tax assessor-collector to obtain from the Department of Public Safety (DPS) criminal history record information maintained by DPS that relates to a person who is an applicant for a motor vehicle title service license.

 

EFFECTIVE DATE

 

On passage, or, if the bill does not receive the necessary vote, September 1, 2013.