BILL ANALYSIS

H.B. 3927

By: Hefner

Transportation

Committee Report (Unamended)

BACKGROUND AND PURPOSE

It has been suggested that more tools are necessary in order for law enforcement agencies and the Texas Department of Motor Vehicles (TxDMV) to enforce laws and regulations relating to the unlawful sale and use of temporary tags. Unlawfully obtained temporary tags can be used in furtherance of criminal behavior such as kidnapping and trafficking and it has been noted that the unlawful sale of temporary tags has become a source of income for criminals who often engage in this behavior. Some criminals have even gained access to the TxDMV WebDealer system, a loophole which allows them to sell temporary tags on the black market with no intention of running a legitimate dealer business. H.B. 3927 seeks to address these issues by clarifying and strengthening current law intended to suppress this unlawful behavior.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 3927 amends the Transportation Code to remove prohibitions against the Texas Department of Motor Vehicles from doing the following:

·       denying access to the dealer's and converter's temporary tag database to any dealer who holds a general distinguishing number or any dealer or converter who is licensed to sell or lease motor vehicles in Texas; and

·       denying access to the buyer's temporary tag database to any dealer who holds a general distinguishing number or is licensed to sell or lease motor vehicles in Texas.

H.B. 3927 prohibits a person from operating a vehicle that displays a temporary tag in violation of statutory provisions relating to dealer's and manufacturer's vehicle license plates or to vehicle registration. The bill removes the authorization for a printer or distributor engaged in the business of selling temporary tags for certain authorized uses to sell or distribute a temporary tag or an item represented to be a temporary tag.

H.B. 3927 amends the Penal Code to include a temporary motor vehicle tag as a governmental record for purposes of perjury and other falsification offenses.

EFFECTIVE DATE

September 1, 2021.