| 1 | 1 | | 88R1982 JAM-D |
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| 2 | 2 | | By: Ortega H.B. No. 46 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the denial of the registration of a motor vehicle based |
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| 8 | 8 | | on certain information provided by a county to the Texas Department |
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| 9 | 9 | | of Motor Vehicles. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 502.010, Transportation Code, is amended |
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| 12 | 12 | | by amending Subsections (a), (b), (c), (d), (f), and (f-1) and |
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| 13 | 13 | | adding Subsections (a-1) and (k) to read as follows: |
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| 14 | 14 | | (a) Except as otherwise provided by this section, a county |
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| 15 | 15 | | assessor-collector [or the department] may refuse to register a |
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| 16 | 16 | | motor vehicle if the assessor-collector [or the department] |
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| 17 | 17 | | receives information that the owner of the vehicle: |
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| 18 | 18 | | (1) owes the county money for a fine, fee, or tax that |
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| 19 | 19 | | is past due; or |
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| 20 | 20 | | (2) failed to appear in connection with a complaint, |
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| 21 | 21 | | citation, information, or indictment in a court in the county in |
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| 22 | 22 | | which a criminal proceeding is pending against the owner. |
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| 23 | 23 | | (a-1) If the department determines that a county |
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| 24 | 24 | | assessor-collector is authorized to refuse to register a vehicle |
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| 25 | 25 | | under Subsection (a): |
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| 26 | 26 | | (1) the vehicle may not be registered through an |
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| 27 | 27 | | online system designated by the department under Section |
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| 28 | 28 | | 520.005(d); and |
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| 29 | 29 | | (2) the department shall refuse to register the |
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| 30 | 30 | | vehicle through an online system that is available to the public. |
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| 31 | 31 | | (b) The [A county may contract with the] department shall |
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| 32 | 32 | | develop and implement a system through which counties may [to] |
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| 33 | 33 | | provide information to the department necessary to make a |
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| 34 | 34 | | determination under Subsection (a-1) [(a)]. The system developed |
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| 35 | 35 | | under this section must: |
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| 36 | 36 | | (1) verify in real time the information described by |
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| 37 | 37 | | Subsection (a) by searching against the vehicle owner's driver's |
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| 38 | 38 | | license number, date of birth, or other information provided to the |
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| 39 | 39 | | department; and |
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| 40 | 40 | | (2) be used for the registration of a vehicle |
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| 41 | 41 | | conducted through the department's Internet website. |
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| 42 | 42 | | (c) A county that provides information [has a contract] |
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| 43 | 43 | | under Subsection (b) shall immediately notify the department |
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| 44 | 44 | | regarding a person for whom the county assessor-collector or the |
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| 45 | 45 | | department has refused to register a motor vehicle on: |
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| 46 | 46 | | (1) the person's payment or other means of discharge, |
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| 47 | 47 | | including a waiver, of the past due fine, fee, or tax; or |
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| 48 | 48 | | (2) perfection of an appeal of the case contesting |
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| 49 | 49 | | payment of the fine, fee, or tax. |
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| 50 | 50 | | (d) After notice is received under Subsection (c), the |
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| 51 | 51 | | county assessor-collector or the department may not refuse to |
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| 52 | 52 | | register the motor vehicle under Subsection (a) or (a-1). |
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| 53 | 53 | | (f) Except as otherwise provided by this section, a county |
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| 54 | 54 | | [that has a contract under Subsection (b)] may impose an additional |
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| 55 | 55 | | reimbursement fee of $20 to: |
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| 56 | 56 | | (1) a person who fails to pay a fine, fee, or tax to the |
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| 57 | 57 | | county by the date on which the fine, fee, or tax is due; or |
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| 58 | 58 | | (2) a person who fails to appear in connection with a |
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| 59 | 59 | | complaint, citation, information, or indictment in a court in which |
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| 60 | 60 | | a criminal proceeding is pending against the owner. |
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| 61 | 61 | | (f-1) The additional reimbursement fee may be used only to |
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| 62 | 62 | | reimburse [the department or] the county assessor-collector for its |
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| 63 | 63 | | expenses for providing services under this section [the contract], |
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| 64 | 64 | | or another county department for expenses related to services under |
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| 65 | 65 | | this section [the contract]. |
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| 66 | 66 | | (k) Notwithstanding any other provision of law, the |
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| 67 | 67 | | department: |
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| 68 | 68 | | (1) may collect information necessary to implement |
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| 69 | 69 | | this section, including a vehicle owner's driver's license number |
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| 70 | 70 | | or date of birth; and |
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| 71 | 71 | | (2) may not disclose any personal identifying |
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| 72 | 72 | | information collected under this section, including a vehicle |
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| 73 | 73 | | owner's driver's license number or date of birth. |
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| 74 | 74 | | SECTION 2. Section 502.010(e), Transportation Code, is |
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| 75 | 75 | | repealed. |
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| 76 | 76 | | SECTION 3. The Texas Department of Motor Vehicles shall |
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| 77 | 77 | | implement the system required by Section 502.010(b), |
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| 78 | 78 | | Transportation Code, as amended by this Act, not later than |
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| 79 | 79 | | September 1, 2024. |
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| 80 | 80 | | SECTION 4. Section 502.010, Transportation Code, as amended |
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| 81 | 81 | | by this Act, applies only to an application for motor vehicle |
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| 82 | 82 | | registration or registration renewal received by the Texas |
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| 83 | 83 | | Department of Motor Vehicles on or after the effective date of this |
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| 84 | 84 | | Act. An application for registration or registration renewal that |
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| 85 | 85 | | was received before the effective date of this Act is governed by |
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| 86 | 86 | | the law in effect on the date the application was received, and the |
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| 87 | 87 | | former law is continued in effect for that purpose. |
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| 88 | 88 | | SECTION 5. (a) Except as provided by Subsection (b) of this |
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| 89 | 89 | | section, this Act takes effect September 1, 2024. |
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| 90 | 90 | | (b) This Act takes effect September 1, 2023. |
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