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A BILL TO BE ENTITLED
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AN ACT
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relating to Texas Department of Motor Vehicles and county tax |
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assessor-collector vehicle titling and registration duties and |
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fees associated with those duties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 502.040, Transportation Code, is amended |
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by adding Subsection (e) to read as follows: |
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(e) With the approval of the commissioners court of a |
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county, a county assessor-collector may contract with a private |
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entity to enable an applicant for registration to use an electronic |
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off-premises location. |
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SECTION 2. Subchapter B, Chapter 502, Transportation Code, |
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is amended by adding Section 502.0441 to read as follows: |
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Sec 502.0441. REGISTRATION RENEWAL THROUGH ELECTRONIC |
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SYSTEM. (a) The department may designate an electronic system for |
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registration renewal applications. |
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(b) If the department designates an electronic system, each |
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county assessor-collector shall: |
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(1) use the system to receive registration renewal |
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applications for vehicles that are not required by this chapter to |
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be registered directly by the department; |
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(2) review and process the applications; and |
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(3) mail to an applicant for renewed registration in |
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the assessor-collector's county the registration receipt or |
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insignia issued to the applicant. |
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SECTION 3. Section 502.1911, Transportation Code, is |
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amended by amending Subsections (b) and (c) and adding Subsection |
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(d) to read as follows: |
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(b) The board by rule shall set the fee in an amount that: |
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(1) includes the fee established under Section |
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502.356(a); and |
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(2) is sufficient to cover the expenses associated |
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with collecting registration fees by: |
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(A) the department; |
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(B) a county tax assessor-collector; |
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(C) a private entity with which a county tax |
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assessor-collector contracts under Section 502.040(e) [502.197]; |
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or |
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(D) a deputy assessor-collector that is |
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deputized in accordance with board rule under Section 520.0071. |
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(c) The county tax assessor-collector, a private entity |
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with which a county tax assessor-collector contracts under Section |
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502.040(e) [502.197], or a deputy assessor-collector may retain a |
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portion of the fee [collected under Subsection (b)] as provided by |
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board rule. Remaining amounts collected under this section shall be |
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deposited to the credit of the Texas Department of Motor Vehicles |
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fund. |
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(d) The rules adopted under this section must allow a county |
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tax assessor-collector to retain a service charge of at least $1.50 |
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for each application submitted to the assessor-collector by mail. |
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The retained service charge shall be used to pay the costs of |
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handling and postage to mail the registration receipt and insignia |
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to the applicant. |
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SECTION 4. Section 502.471(b), Transportation Code, is |
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amended to read as follows: |
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(b) This section does not apply to a violation of Section |
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502.003, 502.042, [502.197,] or 502.431. |
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SECTION 5. Section 520.0071, Transportation Code, is |
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amended by amending Subsection (a) and adding Subsection (c) to |
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read as follows: |
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(a) The board by rule shall prescribe: |
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(1) the classification types of deputies performing |
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titling and registration duties; |
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(2) the duties and obligations of deputies; |
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(3) the type and amount of any bonds that may be |
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required by a county assessor-collector for a deputy to perform |
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titling and registration duties; and |
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(4) except as provided by Subsection (c), the fees |
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that may be charged or retained by deputies. |
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(c) |
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A county assessor-collector that deputizes an |
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individual or business under this section may authorize the deputy |
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to charge or retain a fee in addition to fees authorized under |
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Chapter 501 or 502 in an amount to be determined by the |
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assessor-collector. |
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SECTION 6. Sections 348.005 and 353.006, Finance Code, are |
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amended to read as follows: |
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Sec. 348.005. ITEMIZED CHARGE. An amount in a retail |
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installment contract is an itemized charge if the amount is not |
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included in the cash price and is the amount of: |
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(1) fees for registration, certificate of title, and |
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license and any additional registration fees charged by a deputy as |
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authorized [by rules adopted] under Section 520.0071, |
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Transportation Code; |
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(2) any taxes; |
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(3) fees or charges prescribed by law and connected |
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with the sale or inspection of the motor vehicle; and |
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(4) charges authorized for insurance, service |
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contracts, warranties, automobile club memberships, or a debt |
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cancellation agreement by Subchapter C. |
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Sec. 353.006. ITEMIZED CHARGE. An amount in a retail |
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installment contract is an itemized charge if the amount is not |
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included in the cash price and is the amount of: |
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(1) fees for registration, certificate of title, and |
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license and any additional registration fees charged by a deputy as |
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authorized [by rules adopted] under Section 520.0071, |
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Transportation Code; |
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(2) any taxes; |
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(3) fees or charges prescribed by law and connected |
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with the sale or inspection of the commercial vehicle; |
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(4) charges authorized for insurance, service |
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contracts, and warranties by Subchapter C; and |
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(5) advances or payments authorized under Section |
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353.402(b) or (c) made by the retail seller to or for the benefit of |
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the retail buyer. |
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SECTION 7. Sections 502.197 and 520.005(d), Transportation |
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Code, are repealed. |
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SECTION 8. This Act takes effect September 1, 2017. |