AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Motor vehicle title service companies are required to obtain a license from a tax assessor-collector to conduct business in certain counties. The current licensing process for a motor vehicle title service company allows tax assessor-collectors to obtain certain information on the motor vehicle title service company applicant in order to assess the risk of potential title fraud. This procedure uses local law enforcement to run a county-wide background check on behalf of the tax assessor-collector to verify information provided by the applicant. However, the tax assessor-collector is limited to conduct a search within a specific county only, and is unable to verify whether the applicant has been convicted of a crime in a different county. Concerns have been raised about the tax assessor-collector's ability to stop title fraud in light of this limitation. The purpose of H.B. 2208 is to provide a tax assessor-collector with access to criminal history record information maintained by the Department of Public Safety of the State of Texas. With access to such information, a tax assessor-collector will be able to more effectively screen motor vehicle title service company applicants and make a fully informed decision on whether to grant a motor vehicle title service license.
H.B. 2208 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 in a county described by Section 520.052 (Applicability), Transportation Code, 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, 2015.