1 | 1 | | 89R11994 JAM-F |
---|
2 | 2 | | By: Blanco S.B. No. 2022 |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | |
---|
6 | 6 | | |
---|
7 | 7 | | A BILL TO BE ENTITLED |
---|
8 | 8 | | AN ACT |
---|
9 | 9 | | relating to the denial of the registration of a motor vehicle based |
---|
10 | 10 | | on certain information provided by a county to the Texas Department |
---|
11 | 11 | | of Motor Vehicles; authorizing a fee. |
---|
12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
13 | 13 | | SECTION 1. Section 502.010, Transportation Code, is amended |
---|
14 | 14 | | by adding Subsection (k) to read as follows: |
---|
15 | 15 | | (k) This section does not apply to a county described by |
---|
16 | 16 | | Section 502.0101(a). |
---|
17 | 17 | | SECTION 2. Subchapter A, Chapter 502, Transportation Code, |
---|
18 | 18 | | is amended by adding Section 502.0101 to read as follows: |
---|
19 | 19 | | Sec. 502.0101. SCOFFLAW IN CERTAIN COUNTIES. (a) This |
---|
20 | 20 | | section applies only to a county that: |
---|
21 | 21 | | (1) borders the United Mexican States; and |
---|
22 | 22 | | (2) contains a municipality with a population of more |
---|
23 | 23 | | than 500,000. |
---|
24 | 24 | | (b) In this section: |
---|
25 | 25 | | (1) a fine, fee, or tax is considered past due if it is |
---|
26 | 26 | | unpaid 90 or more days after the date it is due; and |
---|
27 | 27 | | (2) registration of a motor vehicle includes renewal |
---|
28 | 28 | | of the registration of the vehicle. |
---|
29 | 29 | | (c) Except as otherwise provided by this section, a county |
---|
30 | 30 | | assessor-collector may refuse to register a motor vehicle if: |
---|
31 | 31 | | (1) the assessor-collector receives information from |
---|
32 | 32 | | the Department of Public Safety driver's license division or the |
---|
33 | 33 | | department that the owner of the vehicle: |
---|
34 | 34 | | (A) owes the county money for a fine, fee, or tax |
---|
35 | 35 | | that is past due; or |
---|
36 | 36 | | (B) failed to appear in connection with a |
---|
37 | 37 | | complaint, citation, information, or indictment in a court in the |
---|
38 | 38 | | county in which a criminal proceeding is pending against the owner; |
---|
39 | 39 | | and |
---|
40 | 40 | | (2) the identity of the owner of the vehicle has been |
---|
41 | 41 | | confirmed: |
---|
42 | 42 | | (A) through the Department of Public Safety based |
---|
43 | 43 | | on the owner's name, driver's license number, and date of birth; or |
---|
44 | 44 | | (B) through the department's motor vehicle |
---|
45 | 45 | | database by the last four digits of the owner's social security |
---|
46 | 46 | | number, last four digits of the vehicle identification number, and |
---|
47 | 47 | | license plate number. |
---|
48 | 48 | | (d) If the department or the Department of Public Safety |
---|
49 | 49 | | determines that a county assessor-collector is authorized to refuse |
---|
50 | 50 | | to register a vehicle under Subsection (c): |
---|
51 | 51 | | (1) the vehicle may not be registered through an |
---|
52 | 52 | | online system designated by the department under Section |
---|
53 | 53 | | 520.005(d); |
---|
54 | 54 | | (2) the department shall refuse to register the |
---|
55 | 55 | | vehicle through an online system that is available to the public; |
---|
56 | 56 | | and |
---|
57 | 57 | | (3) the department or the Department of Public Safety |
---|
58 | 58 | | shall notify the county assessor-collector that the owner of the |
---|
59 | 59 | | vehicle owes the county money for a fine, fee, or tax that is past |
---|
60 | 60 | | due. |
---|
61 | 61 | | (e) Information that is provided to make a determination |
---|
62 | 62 | | under Subsection (c)(1) and that concerns the past due status of a |
---|
63 | 63 | | fine or fee imposed for a criminal offense and owed to the county |
---|
64 | 64 | | expires on the second anniversary of the date the information was |
---|
65 | 65 | | provided and may not be used to refuse registration after that |
---|
66 | 66 | | date. Once information about a past due fine or fee is provided |
---|
67 | 67 | | under Subsection (f), subsequent information about other fines or |
---|
68 | 68 | | fees that are imposed for a criminal offense and that become past |
---|
69 | 69 | | due before the second anniversary of the date the initial |
---|
70 | 70 | | information was provided may not be used, either before or after the |
---|
71 | 71 | | second anniversary of that date, to refuse registration under this |
---|
72 | 72 | | section unless the motor vehicle is no longer subject to refusal of |
---|
73 | 73 | | registration because of notice received under Subsection (g). |
---|
74 | 74 | | (f) The department shall develop and implement a system |
---|
75 | 75 | | through which a county may provide information to the department |
---|
76 | 76 | | necessary to make a determination under Subsection (d). The |
---|
77 | 77 | | department may charge a fee for the use of the system. The system |
---|
78 | 78 | | developed under this section must: |
---|
79 | 79 | | (1) verify in real time the information described by |
---|
80 | 80 | | Subsection (c)(1) by searching against the vehicle owner's driver's |
---|
81 | 81 | | license number, date of birth, or other information provided to the |
---|
82 | 82 | | department; and |
---|
83 | 83 | | (2) be used for the registration of a vehicle |
---|
84 | 84 | | conducted through the department's Internet website. |
---|
85 | 85 | | (g) A county that provides information under Subsection (f) |
---|
86 | 86 | | shall immediately notify the department regarding a person for whom |
---|
87 | 87 | | the county assessor-collector or the department has refused to |
---|
88 | 88 | | register a motor vehicle on: |
---|
89 | 89 | | (1) the person's payment or other means of discharge, |
---|
90 | 90 | | including a waiver, of the past due fine, fee, or tax; or |
---|
91 | 91 | | (2) perfection of an appeal of the case contesting |
---|
92 | 92 | | payment of the fine, fee, or tax. |
---|
93 | 93 | | (h) After notice is received under Subsection (g), the |
---|
94 | 94 | | county assessor-collector or the department may not refuse to |
---|
95 | 95 | | register the motor vehicle under Subsection (c) or (d). |
---|
96 | 96 | | (i) Except as otherwise provided by this section, a county |
---|
97 | 97 | | may impose an additional reimbursement fee of $20 to: |
---|
98 | 98 | | (1) a person who fails to pay a fine, fee, or tax to the |
---|
99 | 99 | | county by the date on which the fine, fee, or tax is due; or |
---|
100 | 100 | | (2) a person who fails to appear in connection with a |
---|
101 | 101 | | complaint, citation, information, or indictment in a court in which |
---|
102 | 102 | | a criminal proceeding is pending against the owner. |
---|
103 | 103 | | (j) An additional reimbursement fee imposed under |
---|
104 | 104 | | Subsection (i) may be used only to reimburse the county |
---|
105 | 105 | | assessor-collector for providing services under this section. |
---|
106 | 106 | | (k) A municipal court judge or justice of the peace who has |
---|
107 | 107 | | jurisdiction over the underlying offense may waive an additional |
---|
108 | 108 | | reimbursement fee imposed under Subsection (i) if the judge or |
---|
109 | 109 | | justice makes a finding that the defendant is economically unable |
---|
110 | 110 | | to pay the fee or that good cause exists for the waiver. |
---|
111 | 111 | | (l) If a county assessor-collector is notified that the |
---|
112 | 112 | | court having jurisdiction over the underlying offense has waived |
---|
113 | 113 | | the past due fine or fee, including a reimbursement fee, due to the |
---|
114 | 114 | | defendant's indigency, the county may not impose an additional |
---|
115 | 115 | | reimbursement fee on the defendant under Subsection (i). |
---|
116 | 116 | | (m) Notwithstanding any other provision of law, the |
---|
117 | 117 | | department: |
---|
118 | 118 | | (1) may collect from the Department of Public Safety |
---|
119 | 119 | | information necessary to implement this section, including a |
---|
120 | 120 | | vehicle owner's driver's license number or date of birth; and |
---|
121 | 121 | | (2) may not disclose any personal identifying |
---|
122 | 122 | | information collected under this section, including a vehicle |
---|
123 | 123 | | owner's driver's license number or date of birth. |
---|
124 | 124 | | (n) A county assessor-collector may not refuse to register a |
---|
125 | 125 | | motor vehicle under this section if the assessor-collector receives |
---|
126 | 126 | | information that the owner of the vehicle has an income that is less |
---|
127 | 127 | | than 250 percent of the applicable income level established by the |
---|
128 | 128 | | federal poverty guidelines. |
---|
129 | 129 | | (o) This section does not apply to the registration of a |
---|
130 | 130 | | motor vehicle under Section 501.0234, unless the vehicle is titled |
---|
131 | 131 | | and registered in the name of a person who holds a general |
---|
132 | 132 | | distinguishing number. |
---|
133 | 133 | | SECTION 3. The Texas Department of Motor Vehicles shall |
---|
134 | 134 | | implement the system required by Section 502.0101(f), |
---|
135 | 135 | | Transportation Code, as added by this Act, not later than September |
---|
136 | 136 | | 1, 2026. |
---|
137 | 137 | | SECTION 4. Section 502.0101, Transportation Code, as added |
---|
138 | 138 | | by this Act, applies only to an application for motor vehicle |
---|
139 | 139 | | registration or registration renewal received by the Texas |
---|
140 | 140 | | Department of Motor Vehicles on or after the effective date of this |
---|
141 | 141 | | Act. An application for registration or registration renewal that |
---|
142 | 142 | | was received before the effective date of this Act is governed by |
---|
143 | 143 | | the law in effect on the date the application was received, and the |
---|
144 | 144 | | former law is continued in effect for that purpose. |
---|
145 | 145 | | SECTION 5. (a) Except as provided by Subsection (b) of this |
---|
146 | 146 | | section, this Act takes effect September 1, 2026. |
---|
147 | 147 | | (b) Section 3 of this Act takes effect September 1, 2025. |
---|