BILL ANALYSIS Senate Research Center S.B. 1577 84R3470 AJZ-D By: Hinojosa Transportation 3/31/2015 As Filed BILL ANALYSIS Senate Research Center S.B. 1577 84R3470 AJZ-D By: Hinojosa Transportation 3/31/2015 As Filed Senate Research Center S.B. 1577 84R3470 AJZ-D By: Hinojosa Transportation 3/31/2015 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT A motor vehicle title service company is required to obtain a license from a tax assessor-collector to conduct business in certain counties. The current licensing process for a motor vehicle title service company allows a tax assessor-collector to obtain certain information on the motor vehicle title service company applicant in order to assess the risk of potential title fraud. 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. However, the tax assessor-collector is limited to conducting a search within a specific county only, and is unable 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. The purpose of S.B. 1577 is to provide a tax assessor-collector with access to criminal history record information maintained by the Department of Public Safety of the State of Texas. With access to such information, a tax assessor-collector will be able to more effectively screen motor vehicle title service company applicants and make a fully informed decision on whether to grant a motor vehicle title service license. As proposed, S.B. 1577 amends current law relating to access to criminal history record information by a county tax assessor-collector. 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 Subchapter F, Chapter 411, Government Code, by adding Section 411.14065, as follows: Sec. 411.14065. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: COUNTY TAX ASSESSOR-COLLECTOR. Entitles a county tax assessor-collector to obtain from the Department of Public Safety of the State of Texas (DPS) criminal history record information maintained by DPS that relates to a person who is an applicant for a motor vehicle title service license issued under Subchapter E (Motor Vehicle Title Services), Chapter 520 (Miscellaneous Provisions), Transportation Code. SECTION 2. Effective date: upon passage or September 1, 2015. AUTHOR'S / SPONSOR'S STATEMENT OF INTENT A motor vehicle title service company is required to obtain a license from a tax assessor-collector to conduct business in certain counties. The current licensing process for a motor vehicle title service company allows a tax assessor-collector to obtain certain information on the motor vehicle title service company applicant in order to assess the risk of potential title fraud. 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. However, the tax assessor-collector is limited to conducting a search within a specific county only, and is unable 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. The purpose of S.B. 1577 is to provide a tax assessor-collector with access to criminal history record information maintained by the Department of Public Safety of the State of Texas. With access to such information, a tax assessor-collector will be able to more effectively screen motor vehicle title service company applicants and make a fully informed decision on whether to grant a motor vehicle title service license. As proposed, S.B. 1577 amends current law relating to access to criminal history record information by a county tax assessor-collector. 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 Subchapter F, Chapter 411, Government Code, by adding Section 411.14065, as follows: Sec. 411.14065. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: COUNTY TAX ASSESSOR-COLLECTOR. Entitles a county tax assessor-collector to obtain from the Department of Public Safety of the State of Texas (DPS) criminal history record information maintained by DPS that relates to a person who is an applicant for a motor vehicle title service license issued under Subchapter E (Motor Vehicle Title Services), Chapter 520 (Miscellaneous Provisions), Transportation Code. SECTION 2. Effective date: upon passage or September 1, 2015.