88R1982 JAM-D
By: Ortega H.B. No. 46
A BILL TO BE ENTITLED
AN ACT
relating to the denial of the registration of a motor vehicle based
on certain information provided by a county to the Texas Department
of Motor Vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 502.010, Transportation Code, is amended
by amending Subsections (a), (b), (c), (d), (f), and (f-1) and
adding Subsections (a-1) and (k) to read as follows:
(a) Except as otherwise provided by this section, 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.
(a-1) If the department determines that a county
assessor-collector is authorized to refuse to register a vehicle
under Subsection (a):
(1) the vehicle may not be registered through an
online system designated by the department under Section
520.005(d); and
(2) the department shall refuse to register the
vehicle through an online system that is available to the public.
(b) The [A county may contract with the] department shall
develop and implement a system through which counties may [to]
provide information to the department necessary to make a
determination under Subsection (a-1) [(a)]. The system developed
under this section must:
(1) verify in real time the information described by
Subsection (a) by searching against the vehicle owner's driver's
license number, date of birth, or other information provided to the
department; and
(2) be used for the registration of a vehicle
conducted through the department's Internet website.
(c) A county that provides information [has a contract]
under Subsection (b) shall immediately notify the department
regarding a person for whom the county assessor-collector or the
department has refused to register a motor vehicle on:
(1) the person's payment or other means of discharge,
including a waiver, of the past due fine, fee, or tax; or
(2) perfection of an appeal of the case contesting
payment of the fine, fee, or tax.
(d) After notice is received under Subsection (c), the
county assessor-collector or the department may not refuse to
register the motor vehicle under Subsection (a) or (a-1).
(f) Except as otherwise provided by this section, a county
[that has a contract under Subsection (b)] may impose an additional
reimbursement 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, citation, information, or indictment in a court in which
a criminal proceeding is pending against the owner.
(f-1) The additional reimbursement fee may be used only to
reimburse [the department or] the county assessor-collector for its
expenses for providing services under this section [the contract],
or another county department for expenses related to services under
this section [the contract].
(k) Notwithstanding any other provision of law, the
department:
(1) may collect information necessary to implement
this section, including a vehicle owner's driver's license number
or date of birth; and
(2) may not disclose any personal identifying
information collected under this section, including a vehicle
owner's driver's license number or date of birth.
SECTION 2. Section 502.010(e), Transportation Code, is
repealed.
SECTION 3. The Texas Department of Motor Vehicles shall
implement the system required by Section 502.010(b),
Transportation Code, as amended by this Act, not later than
September 1, 2024.
SECTION 4. Section 502.010, Transportation Code, as amended
by this Act, applies only to an application for motor vehicle
registration or registration renewal received by the Texas
Department of Motor Vehicles on or after the effective date of this
Act. An application for registration or registration renewal that
was received before the effective date of this Act is governed by
the law in effect on the date the application was received, and the
former law is continued in effect for that purpose.
SECTION 5. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2024.
(b) This Act takes effect September 1, 2023.