BILL ANALYSIS H.B. 2648 By: Herrero Homeland Security & Public Safety Committee Report (Unamended) BACKGROUND AND PURPOSE A motor vehicle title service company is required to obtain a license from a tax assessor-collector to conduct business in certain Texas counties. The current licensing process for a motor vehicle title service license applicant allows a county tax assessor-collector to obtain certain information on the applicant, including a criminal background check, to assess the risk of potential title fraud. Local law enforcement, however, is only authorized to run a county-wide background check on behalf of the county tax assessor-collector, which will not include a conviction for a crime in Texas outside the respective county. Critics assert that a county tax assessor-collector's office needs access to a comprehensive criminal history record to obtain a more complete picture of an applicant's background and make a fully-informed decision on whether to grant or deny the applicant a license. H.B. 2648 seeks to entitle a county tax assessor-collector to obtain statewide criminal history record information from the Department of Public Safety on an individual applying for a motor vehicle title service license. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 2648 amends the Government Code to entitle a county tax assessor-collector to obtain from the Department of Public Safety (DPS) criminal history record information maintained by DPS that relates to a person who is an applicant for a motor vehicle title service license. EFFECTIVE DATE On passage, or, if the bill does not receive the necessary vote, September 1, 2013.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 2648
By: Herrero
Homeland Security & Public Safety
Committee Report (Unamended)
H.B. 2648
By: Herrero
Homeland Security & Public Safety
Committee Report (Unamended)
BACKGROUND AND PURPOSE A motor vehicle title service company is required to obtain a license from a tax assessor-collector to conduct business in certain Texas counties. The current licensing process for a motor vehicle title service license applicant allows a county tax assessor-collector to obtain certain information on the applicant, including a criminal background check, to assess the risk of potential title fraud. Local law enforcement, however, is only authorized to run a county-wide background check on behalf of the county tax assessor-collector, which will not include a conviction for a crime in Texas outside the respective county. Critics assert that a county tax assessor-collector's office needs access to a comprehensive criminal history record to obtain a more complete picture of an applicant's background and make a fully-informed decision on whether to grant or deny the applicant a license. H.B. 2648 seeks to entitle a county tax assessor-collector to obtain statewide criminal history record information from the Department of Public Safety on an individual applying for a motor vehicle title service license.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 2648 amends the Government Code to entitle a county tax assessor-collector to obtain from the Department of Public Safety (DPS) criminal history record information maintained by DPS that relates to a person who is an applicant for a motor vehicle title service license.
EFFECTIVE DATE On passage, or, if the bill does not receive the necessary vote, September 1, 2013.
BACKGROUND AND PURPOSE
A motor vehicle title service company is required to obtain a license from a tax assessor-collector to conduct business in certain Texas counties. The current licensing process for a motor vehicle title service license applicant allows a county tax assessor-collector to obtain certain information on the applicant, including a criminal background check, to assess the risk of potential title fraud. Local law enforcement, however, is only authorized to run a county-wide background check on behalf of the county tax assessor-collector, which will not include a conviction for a crime in Texas outside the respective county. Critics assert that a county tax assessor-collector's office needs access to a comprehensive criminal history record to obtain a more complete picture of an applicant's background and make a fully-informed decision on whether to grant or deny the applicant a license. H.B. 2648 seeks to entitle a county tax assessor-collector to obtain statewide criminal history record information from the Department of Public Safety on an individual applying for a motor vehicle title service license.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 2648 amends the Government Code to entitle a county tax assessor-collector to obtain from the Department of Public Safety (DPS) criminal history record information maintained by DPS that relates to a person who is an applicant for a motor vehicle title service license.
EFFECTIVE DATE
On passage, or, if the bill does not receive the necessary vote, September 1, 2013.