BILL ANALYSIS Senate Research Center S.B. 1386 82R8212 TRH-D By: Lucio Transportation & Homeland Security 4/12/2011 As Filed
BILL ANALYSIS
Senate Research Center S.B. 1386
82R8212 TRH-D By: Lucio
Transportation & Homeland Security
4/12/2011
As Filed
Senate Research Center
S.B. 1386
82R8212 TRH-D
By: Lucio
Transportation & Homeland Security
4/12/2011
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Under current statute a county assessor-collector may refuse to register a motor vehicle if the owner owes the county money for a fine, fee, or tax that is past due. S.B. 1386 amends the Transportation Code to include failure to appear in connection with traffic citations as a reason for which an assessor-collector may refuse to register a motor vehicle. Additionally, a county may contract with the county assessor-collector to provide information to the Texas Department of Motor Vehicles (TxDMV) to make a determination on registration refusal. A fee of $20 shall be imposed to reimburse TxDMV or the county assessor-collector for expenses related to this act. As proposed, S.B. 1386 amends current law relating to the refusal to register motor vehicles by a county assessor-collector or the Texas Department of Motor Vehicles. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 502.185, Transportation Code, by amending Subsections (a), (b), and (f) and adding Subsection (f-1), as follows: (a) Authorizes a county assessor-collector or the Texas Department of Motor Vehicles (TxDMV) to refuse to register a motor vehicle if the assessor-collector or TxDMV 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 or citation relating to a county fine, fee or tax. (b) Authorizes a county to contract with TxDMV or the county assessor-collector to provide information to TxDMV or the assessor-collector necessary to make a determination under Subsection (a). (f) Requires a county that has a contract under Subsection (b) to impose an additional 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 or citation relating to a county fine, fee, or tax. Deletes existing text authorizing a county that has a contract under Subsection (b) to impose an additional fee to a person paying a fine, fee, or tax to the county after it is past due. (f-1) Creates this subsection from existing text. Authorizes the additional fee to be used only to reimburse TxDMV or the county assessor-collector for its expenses for providing services under the contract. SECTION 2. Amends Section 702.003, Transportation Code, by amending Subsections (b) and (c) and adding Subsection (e-1), as follows: (b) Authorizes a municipality to contract with the assessor-collector for the county, rather than with a county, in which the municipality is located or TxDMV to provide information to the county assessor-collector or TxDMV necessary to make a determination under Subsection (a). (c) Makes a conforming change. (e-1) Requires a municipality that has a contract under Subsection (b) to 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. Authorizes the additional fee to be used only to reimburse TxDMV or the county assessor-collector for its expenses for providing services under the contract. SECTION 3. Makes application of this Act prospective. SECTION 4. Effective date: September 1, 2011.
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Under current statute a county assessor-collector may refuse to register a motor vehicle if the owner owes the county money for a fine, fee, or tax that is past due.
S.B. 1386 amends the Transportation Code to include failure to appear in connection with traffic citations as a reason for which an assessor-collector may refuse to register a motor vehicle. Additionally, a county may contract with the county assessor-collector to provide information to the Texas Department of Motor Vehicles (TxDMV) to make a determination on registration refusal. A fee of $20 shall be imposed to reimburse TxDMV or the county assessor-collector for expenses related to this act.
As proposed, S.B. 1386 amends current law relating to the refusal to register motor vehicles by a county assessor-collector or the Texas Department of Motor Vehicles.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 502.185, Transportation Code, by amending Subsections (a), (b), and (f) and adding Subsection (f-1), as follows:
(a) Authorizes a county assessor-collector or the Texas Department of Motor Vehicles (TxDMV) to refuse to register a motor vehicle if the assessor-collector or TxDMV 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 or citation relating to a county fine, fee or tax.
(b) Authorizes a county to contract with TxDMV or the county assessor-collector to provide information to TxDMV or the assessor-collector necessary to make a determination under Subsection (a).
(f) Requires a county that has a contract under Subsection (b) to impose an additional 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 or citation relating to a county fine, fee, or tax.
Deletes existing text authorizing a county that has a contract under Subsection (b) to impose an additional fee to a person paying a fine, fee, or tax to the county after it is past due.
(f-1) Creates this subsection from existing text. Authorizes the additional fee to be used only to reimburse TxDMV or the county assessor-collector for its expenses for providing services under the contract.
SECTION 2. Amends Section 702.003, Transportation Code, by amending Subsections (b) and (c) and adding Subsection (e-1), as follows:
(b) Authorizes a municipality to contract with the assessor-collector for the county, rather than with a county, in which the municipality is located or TxDMV to provide information to the county assessor-collector or TxDMV necessary to make a determination under Subsection (a).
(c) Makes a conforming change.
(e-1) Requires a municipality that has a contract under Subsection (b) to 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. Authorizes the additional fee to be used only to reimburse TxDMV or the county assessor-collector for its expenses for providing services under the contract.
SECTION 3. Makes application of this Act prospective.
SECTION 4. Effective date: September 1, 2011.