88R1982 JAM-D
 
  By: Ortega H.B. No. 46
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the denial of the registration of a motor vehicle based
  on certain information provided by a county to the Texas Department
  of Motor Vehicles.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 502.010, Transportation Code, is amended
  by amending Subsections (a), (b), (c), (d), (f), and (f-1) and
  adding Subsections (a-1) and (k) to read as follows:
         (a)  Except as otherwise provided by this section, a county
  assessor-collector [or the department] may refuse to register a
  motor vehicle if the assessor-collector [or the department]
  receives information that the owner of the vehicle:
               (1)  owes the county money for a fine, fee, or tax that
  is past due; or
               (2)  failed to appear in connection with a complaint,
  citation, information, or indictment in a court in the county in
  which a criminal proceeding is pending against the owner.
         (a-1)  If the department determines that a county
  assessor-collector is authorized to refuse to register a vehicle
  under Subsection (a):
               (1)  the vehicle may not be registered through an
  online system designated by the department under Section
  520.005(d); and
               (2)  the department shall refuse to register the
  vehicle through an online system that is available to the public.
         (b)  The [A county may contract with the] department shall
  develop and implement a system through which counties may [to]
  provide information to the department necessary to make a
  determination under Subsection (a-1) [(a)]. The system developed
  under this section must:
               (1)  verify in real time the information described by
  Subsection (a) by searching against the vehicle owner's driver's
  license number, date of birth, or other information provided to the
  department; and
               (2)  be used for the registration of a vehicle
  conducted through the department's Internet website.
         (c)  A county that provides information [has a contract]
  under Subsection (b) shall immediately notify the department
  regarding a person for whom the county assessor-collector or the
  department has refused to register a motor vehicle on:
               (1)  the person's payment or other means of discharge,
  including a waiver, of the past due fine, fee, or tax; or
               (2)  perfection of an appeal of the case contesting
  payment of the fine, fee, or tax.
         (d)  After notice is received under Subsection (c), the
  county assessor-collector or the department may not refuse to
  register the motor vehicle under Subsection (a) or (a-1).
         (f)  Except as otherwise provided by this section, a county
  [that has a contract under Subsection (b)] may impose an additional
  reimbursement fee of $20 to:
               (1)  a person who fails to pay a fine, fee, or tax to the
  county by the date on which the fine, fee, or tax is due; or
               (2)  a person who fails to appear in connection with a
  complaint, citation, information, or indictment in a court in which
  a criminal proceeding is pending against the owner.
         (f-1)  The additional reimbursement fee may be used only to
  reimburse [the department or] the county assessor-collector for its
  expenses for providing services under this section [the contract],
  or another county department for expenses related to services under
  this section [the contract].
         (k)  Notwithstanding any other provision of law, the
  department:
               (1)  may collect information necessary to implement
  this section, including a vehicle owner's driver's license number
  or date of birth; and
               (2)  may not disclose any personal identifying
  information collected under this section, including a vehicle
  owner's driver's license number or date of birth.
         SECTION 2.  Section 502.010(e), Transportation Code, is
  repealed.
         SECTION 3.  The Texas Department of Motor Vehicles shall
  implement the system required by Section 502.010(b),
  Transportation Code, as amended by this Act, not later than
  September 1, 2024.
         SECTION 4.  Section 502.010, Transportation Code, as amended
  by this Act, applies only to an application for motor vehicle
  registration or registration renewal received by the Texas
  Department of Motor Vehicles on or after the effective date of this
  Act. An application for registration or registration renewal that
  was received before the effective date of this Act is governed by
  the law in effect on the date the application was received, and the
  former law is continued in effect for that purpose.
         SECTION 5.  (a)  Except as provided by Subsection (b) of this
  section, this Act takes effect September 1, 2024.
         (b)  This Act takes effect September 1, 2023.