84R11998 AAF-F

By: Ellis S.B. No. 1451

A BILL TO BE ENTITLED

AN ACT

relating to the disputed payment by a credit card or debit card of a vehicle registration fee.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter E, Chapter 502, Transportation Code, is amended by adding Section 502.1931 to read as follows:

Sec. 502.1931. DISPUTED PAYMENT BY CREDIT CARD OR DEBIT CARD. (a) A county assessor-collector who receives from any person a payment by credit card or debit card for a registration fee for a registration year that has not ended that is returned unpaid because the payment by the credit card or debit card has been disputed by the credit card or debit card company shall certify the fact to the sheriff or a constable or highway patrol officer in the county after attempts to contact the person fail to result in the collection of payment. The certification must be made before the 30th day after the date the assessor-collector is made aware that the credit card or debit card payment has been disputed and:

(1) be under the assessor-collector's official seal;

(2) include the name and address of the person who authorized the credit card or debit card payment;

(3) include the license plate number and make of the vehicle;

(4) be accompanied by evidence from the credit card or debit card company that the company has determined that it will not make payment on the disputed credit card or debit card charge; and

(5) be accompanied by documentation of any attempt to contact the person and collect payment.

(b) On receiving a complaint under Subsection (a) from the county assessor-collector, the sheriff, constable, or highway patrol officer shall find the person who authorized the credit card or debit card payment, if the person is in the county, and demand immediate redemption of payment from the person. If the person fails or refuses to redeem the payment, the sheriff, constable, or highway patrol officer shall:

(1) seize and remove the license plates and registration insignia from the vehicle; and

(2) return the license plates and registration insignia to the assessor-collector.

SECTION 2. The change in law made by this Act applies only to a payment of a registration fee submitted to a county assessor-collector on or after the effective date of this Act. A payment submitted before the effective date of this Act is governed by the law in effect on the date the payment was submitted, and the former law is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2015.