89R11994 JAM-F

By: Blanco S.B. No. 2022

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; authorizing a fee.

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

SECTION 1. Section 502.010, Transportation Code, is amended by adding Subsection (k) to read as follows:

(k) This section does not apply to a county described by Section 502.0101(a).

SECTION 2. Subchapter A, Chapter 502, Transportation Code, is amended by adding Section 502.0101 to read as follows:

Sec. 502.0101. SCOFFLAW IN CERTAIN COUNTIES. (a) This section applies only to a county that:

(1) borders the United Mexican States; and

(2) contains a municipality with a population of more than 500,000.

(b) In this section:

(1) a fine, fee, or tax is considered past due if it is unpaid 90 or more days after the date it is due; and

(2) registration of a motor vehicle includes renewal of the registration of the vehicle.

(c) Except as otherwise provided by this section, a county assessor-collector may refuse to register a motor vehicle if:

(1) the assessor-collector receives information from the Department of Public Safety driver's license division or the department that the owner of the vehicle:

(A) owes the county money for a fine, fee, or tax that is past due; or

(B) 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; and

(2) the identity of the owner of the vehicle has been confirmed:

(A) through the Department of Public Safety based on the owner's name, driver's license number, and date of birth; or

(B) through the department's motor vehicle database by the last four digits of the owner's social security number, last four digits of the vehicle identification number, and license plate number.

(d) If the department or the Department of Public Safety determines that a county assessor-collector is authorized to refuse to register a vehicle under Subsection (c):

(1) the vehicle may not be registered through an online system designated by the department under Section 520.005(d);

(2) the department shall refuse to register the vehicle through an online system that is available to the public; and

(3) the department or the Department of Public Safety shall notify the county assessor-collector that the owner of the vehicle owes the county money for a fine, fee, or tax that is past due.

(e) Information that is provided to make a determination under Subsection (c)(1) and that concerns the past due status of a fine or fee imposed for a criminal offense and owed to the county expires on the second anniversary of the date the information was provided and may not be used to refuse registration after that date. Once information about a past due fine or fee is provided under Subsection (f), subsequent information about other fines or fees that are imposed for a criminal offense and that become past due before the second anniversary of the date the initial information was provided may not be used, either before or after the second anniversary of that date, to refuse registration under this section unless the motor vehicle is no longer subject to refusal of registration because of notice received under Subsection (g).

(f) The department shall develop and implement a system through which a county may provide information to the department necessary to make a determination under Subsection (d). The department may charge a fee for the use of the system. The system developed under this section must:

(1) verify in real time the information described by Subsection (c)(1) 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.

(g) A county that provides information under Subsection (f) 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.

(h) After notice is received under Subsection (g), the county assessor-collector or the department may not refuse to register the motor vehicle under Subsection (c) or (d).

(i) Except as otherwise provided by this section, a county 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.

(j) An additional reimbursement fee imposed under Subsection (i) may be used only to reimburse the county assessor-collector for providing services under this section.

(k) A municipal court judge or justice of the peace who has jurisdiction over the underlying offense may waive an additional reimbursement fee imposed under Subsection (i) if the judge or justice makes a finding that the defendant is economically unable to pay the fee or that good cause exists for the waiver.

(l) If a county assessor-collector is notified that the court having jurisdiction over the underlying offense has waived the past due fine or fee, including a reimbursement fee, due to the defendant's indigency, the county may not impose an additional reimbursement fee on the defendant under Subsection (i).

(m) Notwithstanding any other provision of law, the department:

(1) may collect from the Department of Public Safety 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.

(n) A county assessor-collector may not refuse to register a motor vehicle under this section if the assessor-collector receives information that the owner of the vehicle has an income that is less than 250 percent of the applicable income level established by the federal poverty guidelines.

(o) This section does not apply to the registration of a motor vehicle under Section 501.0234, unless the vehicle is titled and registered in the name of a person who holds a general distinguishing number.

SECTION 3. The Texas Department of Motor Vehicles shall implement the system required by Section 502.0101(f), Transportation Code, as added by this Act, not later than September 1, 2026.

SECTION 4. Section 502.0101, Transportation Code, as added 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, 2026.

(b) Section 3 of this Act takes effect September 1, 2025.