By: Cortez H.B. No. 3416

A BILL TO BE ENTITLED

AN ACT

relating to Texas Department of Motor Vehicles and county tax assessor-collector vehicle titling and registration duties and fees associated with those duties.

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

SECTION 1. Section 502.040, Transportation Code, is amended by adding Subsection (e) to read as follows:

(e) With the approval of the commissioners court of a county, a county assessor-collector may contract with a private entity to enable an applicant for registration to use an electronic off-premises location.

SECTION 2. Subchapter B, Chapter 502, Transportation Code, is amended by adding Section 502.0441 to read as follows:

Sec 502.0441. REGISTRATION RENEWAL THROUGH ELECTRONIC SYSTEM. (a) The department may designate an electronic system for registration renewal applications.

(b) If the department designates an electronic system, each county assessor-collector shall:

(1) use the system to receive registration renewal applications for vehicles that are not required by this chapter to be registered directly by the department;

(2) review and process the applications; and

(3) mail to an applicant for renewed registration in the assessor-collector's county the registration receipt or insignia issued to the applicant.

SECTION 3. Section 502.1911, Transportation Code, is amended by amending Subsections (b) and (c) and adding Subsection (d) to read as follows:

(b) The board by rule shall set the fee in an amount that:

(1) includes the fee established under Section 502.356(a); and

(2) is sufficient to cover the expenses associated with collecting registration fees by:

(A) the department;

(B) a county tax assessor-collector;

(C) a private entity with which a county tax assessor-collector contracts under Section 502.040(e) [502.197]; or

(D) a deputy assessor-collector that is deputized in accordance with board rule under Section 520.0071.

(c) The county tax assessor-collector, a private entity with which a county tax assessor-collector contracts under Section 502.040(e) [502.197], or a deputy assessor-collector may retain a portion of the fee [collected under Subsection (b)] as provided by board rule. Remaining amounts collected under this section shall be deposited to the credit of the Texas Department of Motor Vehicles fund.

(d) The rules adopted under this section must allow a county tax assessor-collector to retain a service charge of at least $1.50 for each application submitted to the assessor-collector by mail. The retained service charge shall be used to pay the costs of handling and postage to mail the registration receipt and insignia to the applicant.

SECTION 4. Section 502.471(b), Transportation Code, is amended to read as follows:

(b) This section does not apply to a violation of Section 502.003, 502.042, [502.197,] or 502.431.

SECTION 5. Section 520.0071, Transportation Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows:

(a) The board by rule shall prescribe:

(1) the classification types of deputies performing titling and registration duties;

(2) the duties and obligations of deputies;

(3) the type and amount of any bonds that may be required by a county assessor-collector for a deputy to perform titling and registration duties; and

(4) except as provided by Subsection (c), the fees that may be charged or retained by deputies.

(c) A county assessor-collector that deputizes an individual or business under this section may authorize the deputy to charge or retain a fee in addition to fees authorized under Chapter 501 or 502 in an amount to be determined by the assessor-collector.

SECTION 6. Sections 348.005 and 353.006, Finance Code, are amended to read as follows:

Sec. 348.005. ITEMIZED CHARGE. An amount in a retail installment contract is an itemized charge if the amount is not included in the cash price and is the amount of:

(1) fees for registration, certificate of title, and license and any additional registration fees charged by a deputy as authorized [by rules adopted] under Section 520.0071, Transportation Code;

(2) any taxes;

(3) fees or charges prescribed by law and connected with the sale or inspection of the motor vehicle; and

(4) charges authorized for insurance, service contracts, warranties, automobile club memberships, or a debt cancellation agreement by Subchapter C.

Sec. 353.006. ITEMIZED CHARGE. An amount in a retail installment contract is an itemized charge if the amount is not included in the cash price and is the amount of:

(1) fees for registration, certificate of title, and license and any additional registration fees charged by a deputy as authorized [by rules adopted] under Section 520.0071, Transportation Code;

(2) any taxes;

(3) fees or charges prescribed by law and connected with the sale or inspection of the commercial vehicle;

(4) charges authorized for insurance, service contracts, and warranties by Subchapter C; and

(5) advances or payments authorized under Section 353.402(b) or (c) made by the retail seller to or for the benefit of the retail buyer.

SECTION 7. Sections 502.197 and 520.005(d), Transportation Code, are repealed.

SECTION 8. This Act takes effect September 1, 2017.