S.B. No. 1386
AN ACT
relating to the refusal to register motor vehicles by a county
assessor-collector or the Texas Department of Motor Vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 502.185, Transportation Code, is amended
by amending Subsections (a) and (f) and adding Subsection (f-1) to
read as follows:
(a) 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.
(f) A county that has a contract under Subsection (b) may
impose an additional fee of $20 to:
(1) a person who fails to pay [paying] a fine, fee, or
tax to the county by the date on which the fine, fee, or tax is
[after it is past] 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 fee may be used only to reimburse the
department or the county assessor-collector for its expenses for
providing services under the contract, or another county department
for expenses related to services under the contract.
SECTION 2. Section 702.003, Transportation Code, is amended
by amending Subsections (b) and (c) and adding Subsection (e-1) to
read as follows:
(b) A municipality may contract with a county in which the
municipality is located or the department to provide information to
the county assessor-collector or department necessary to make a
determination under Subsection (a).
(c) A municipality that has a contract under Subsection (b)
shall notify the county assessor-collector or the department
regarding a person for whom the county assessor-collector or the
department has refused to register a motor vehicle on:
(1) entry of a judgment against the person and the
person's payment to the court of the fine for the violation and of
all court costs;
(2) perfection of an appeal of the case for which the
arrest warrant was issued; or
(3) dismissal of the charge for which the arrest
warrant was issued.
(e-1) A municipality that has a contract under Subsection
(b) may impose an additional $20 fee to a person who has an
outstanding warrant from the municipality for failure to appear or
failure to pay a fine on a complaint that involves the violation of
a traffic law. The additional fee may be used only to reimburse the
department or the county assessor-collector for its expenses for
providing services under the contract, or another county department
for expenses related to services under the contract.
SECTION 3. The changes in law made by Sections 502.185 and
702.003, Transportation Code, as amended by this Act, apply only to
a failure to appear or a fine, fee, or tax in connection with a
complaint, citation, information, or indictment issued on or after
the effective date of this Act. A failure to appear or a fine, fee,
or tax in connection with a complaint, citation, information, or
indictment issued before the effective date of this Act is subject
to the law in effect on that date, and that law is continued in
effect for that purpose.
SECTION 4. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1386 passed the Senate on
May 9, 2011, by the following vote: Yeas 28, Nays 3; and that the
Senate concurred in House amendment on May 25, 2011, by the
following vote: Yeas 28, Nays 3.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1386 passed the House, with
amendment, on May 20, 2011, by the following vote: Yeas 140,
Nays 9, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor