Honorable Wayne Smith, Chair, House Committee on Licensing & Administrative Procedures
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB2281 by Phillips (Relating to the titling of nonrepairable, salvage, and abandoned motor vehicles and the regulation of dealers of those vehicles or parts from those vehicles; providing penalties.), As Introduced
The bill would amend various sections of the Occupations Code as they relate to the titling of nonrepairable, salvage, and abandoned motor vehicles and the regulation of dealers of those vehicles or parts from those vehicles. The provisions of the bill that are the subject of this analysis relate to the punishment for criminal offenses. Under the provisions of the bill, first time violations of the salvage vehicle dealer's chapter would be punishable as a class C misdemeanor and would provide for enhancement to a class A misdemeanor or state jail felony based on the specific nature of the offense and the number of previous convictions. Under current law, violations of the salvage vehicle dealer's chapter are punishable as a class C misdemeanor, a class A misdemeanor, or a state jail felony based on the specific subchapter violated and the number of previous convictions.
A Class C Misdemeanor is punishable by a fine not to exceed $500 (up to 180 days of deferred disposition; no confinement). A Class A Misdemeanor is punishable by confinement in county jail for a term not to exceed one year and/or a fine not to exceed $4,000. A state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years and, in addition to confinement, an optional fine not to exceed $10,000 or Class A Misdemeanor punishment (mandatory post conviction community supervision).
Expanding the list of activities for which a criminal penalty is applied is expected to result in increased demands upon the correctional resources of counties and or of the state due to longer terms of probation, or longer terms of confinement in county jail, state jail, or prison. In fiscal year 2012, less than five people were arrested, placed on misdemeanor community supervision, placed on felony community supervision, or admitted to state jail for violations of the Occupations Code as they relate certain motor vehicles and certain motor vehicle dealers. In the case of this bill, it is assumed the number of offenders convicted under this statute would not result in a significant impact on the programs and workload of state corrections agencies or on the demand for resources and services of those agencies.