BILL ANALYSIS H.B. 2208 By: Herrero Homeland Security & Public Safety Committee Report (Unamended) BACKGROUND AND PURPOSE Interested parties note that motor vehicle title service companies are required to obtain a license from tax assessor-collectors to conduct business in certain counties. The current licensing process for a motor vehicle title service company allows tax assessor-collectors to obtain certain information on the motor vehicle title service company applicant in order to assess the risk of potential title fraud. The parties explain that this procedure uses local law enforcement to run a countywide background check on behalf of the tax assessor-collector to verify information provided by the applicant. The parties emphasize that this prevents the tax assessor-collector from being able to verify whether the applicant has been convicted of a crime in a different county. Concerns have been raised about the tax assessor-collector's ability to stop title fraud in light of this limitation. H.B. 2208 seeks to provide a tax assessor-collector with access to an applicant's criminal history record information so that it is possible for that official to make a fully informed decision on whether to grant a motor vehicle title service license. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. 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. 2208 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, 2015.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 2208
By: Herrero
Homeland Security & Public Safety
Committee Report (Unamended)
H.B. 2208
By: Herrero
Homeland Security & Public Safety
Committee Report (Unamended)
BACKGROUND AND PURPOSE Interested parties note that motor vehicle title service companies are required to obtain a license from tax assessor-collectors to conduct business in certain counties. The current licensing process for a motor vehicle title service company allows tax assessor-collectors to obtain certain information on the motor vehicle title service company applicant in order to assess the risk of potential title fraud. The parties explain that this procedure uses local law enforcement to run a countywide background check on behalf of the tax assessor-collector to verify information provided by the applicant. The parties emphasize that this prevents the tax assessor-collector from being able to verify whether the applicant has been convicted of a crime in a different county. Concerns have been raised about the tax assessor-collector's ability to stop title fraud in light of this limitation. H.B. 2208 seeks to provide a tax assessor-collector with access to an applicant's criminal history record information so that it is possible for that official to make a fully informed decision on whether to grant a motor vehicle title service license.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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. 2208 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, 2015.
BACKGROUND AND PURPOSE
Interested parties note that motor vehicle title service companies are required to obtain a license from tax assessor-collectors to conduct business in certain counties. The current licensing process for a motor vehicle title service company allows tax assessor-collectors to obtain certain information on the motor vehicle title service company applicant in order to assess the risk of potential title fraud. The parties explain that this procedure uses local law enforcement to run a countywide background check on behalf of the tax assessor-collector to verify information provided by the applicant. The parties emphasize that this prevents the tax assessor-collector from being able to verify whether the applicant has been convicted of a crime in a different county. Concerns have been raised about the tax assessor-collector's ability to stop title fraud in light of this limitation. H.B. 2208 seeks to provide a tax assessor-collector with access to an applicant's criminal history record information so that it is possible for that official to make a fully informed decision on whether to grant a motor vehicle title service license.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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. 2208 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, 2015.