LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION April 11, 2011 TO: Honorable Mike Hamilton, Chair, House Committee on Licensing & Administrative Procedures FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB2929 by Elkins (Relating to the sale of salvage motor vehicles and the regulation of salvage vehicle dealers; providing a civil penalty.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend Section 2302.204 of the Occupations Code, to specify that the provisions of Chapter 2302, relating to the regulation of salvage vehicle dealers, would not apply to a person who purchases not more than 5 nonrepairable or salvage motor vehicles from certain entities in a casual sale at auction (rather than fewer than three of such vehicles under current law). The bill would establish a civil penalty in amounts specified by the bill which would be applicable to a person who violates Chapter 2302 or a rule established under that chapter. The bill would authorize the Attorney General, or the appropriate district or county attorney, in the name of the state, to institute and conduct an action authorized by the bill in a district court of Travis County or of a county in which any part of the violation occurs. The bill would authorize the Attorney General or district/county attorney to recover reasonable expenses incurred in obtaining the civil penalty. A penalty collected under the provisions of the bill would be deposited to the General Revenue Fund. Based on the analysis of the Department of Motor Vehicles and the Office of the Attorney General, it is assumed any costs or duties associated with implementing the bill could be absorbed within the agencies existing resources. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies:302 Office of the Attorney General, 304 Comptroller of Public Accounts, 608 Department of Motor Vehicles LBB Staff: JOB, AG, TG
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION
April 11, 2011
TO: Honorable Mike Hamilton, Chair, House Committee on Licensing & Administrative Procedures FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB2929 by Elkins (Relating to the sale of salvage motor vehicles and the regulation of salvage vehicle dealers; providing a civil penalty.), As Introduced
TO: Honorable Mike Hamilton, Chair, House Committee on Licensing & Administrative Procedures
FROM: John S O'Brien, Director, Legislative Budget Board
IN RE: HB2929 by Elkins (Relating to the sale of salvage motor vehicles and the regulation of salvage vehicle dealers; providing a civil penalty.), As Introduced
Honorable Mike Hamilton, Chair, House Committee on Licensing & Administrative Procedures
Honorable Mike Hamilton, Chair, House Committee on Licensing & Administrative Procedures
John S O'Brien, Director, Legislative Budget Board
John S O'Brien, Director, Legislative Budget Board
HB2929 by Elkins (Relating to the sale of salvage motor vehicles and the regulation of salvage vehicle dealers; providing a civil penalty.), As Introduced
HB2929 by Elkins (Relating to the sale of salvage motor vehicles and the regulation of salvage vehicle dealers; providing a civil penalty.), As Introduced
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend Section 2302.204 of the Occupations Code, to specify that the provisions of Chapter 2302, relating to the regulation of salvage vehicle dealers, would not apply to a person who purchases not more than 5 nonrepairable or salvage motor vehicles from certain entities in a casual sale at auction (rather than fewer than three of such vehicles under current law). The bill would establish a civil penalty in amounts specified by the bill which would be applicable to a person who violates Chapter 2302 or a rule established under that chapter. The bill would authorize the Attorney General, or the appropriate district or county attorney, in the name of the state, to institute and conduct an action authorized by the bill in a district court of Travis County or of a county in which any part of the violation occurs. The bill would authorize the Attorney General or district/county attorney to recover reasonable expenses incurred in obtaining the civil penalty. A penalty collected under the provisions of the bill would be deposited to the General Revenue Fund. Based on the analysis of the Department of Motor Vehicles and the Office of the Attorney General, it is assumed any costs or duties associated with implementing the bill could be absorbed within the agencies existing resources.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 608 Department of Motor Vehicles
302 Office of the Attorney General, 304 Comptroller of Public Accounts, 608 Department of Motor Vehicles
LBB Staff: JOB, AG, TG
JOB, AG, TG