89R11994 JAM-F
By: Blanco S.B. No. 2022
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; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 502.010, Transportation Code, is amended
by adding Subsection (k) to read as follows:
(k) This section does not apply to a county described by
Section 502.0101(a).
SECTION 2. Subchapter A, Chapter 502, Transportation Code,
is amended by adding Section 502.0101 to read as follows:
Sec. 502.0101. SCOFFLAW IN CERTAIN COUNTIES. (a) This
section applies only to a county that:
(1) borders the United Mexican States; and
(2) contains a municipality with a population of more
than 500,000.
(b) In this section:
(1) a fine, fee, or tax is considered past due if it is
unpaid 90 or more days after the date it is due; and
(2) registration of a motor vehicle includes renewal
of the registration of the vehicle.
(c) Except as otherwise provided by this section, a county
assessor-collector may refuse to register a motor vehicle if:
(1) the assessor-collector receives information from
the Department of Public Safety driver's license division or the
department that the owner of the vehicle:
(A) owes the county money for a fine, fee, or tax
that is past due; or
(B) 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;
and
(2) the identity of the owner of the vehicle has been
confirmed:
(A) through the Department of Public Safety based
on the owner's name, driver's license number, and date of birth; or
(B) through the department's motor vehicle
database by the last four digits of the owner's social security
number, last four digits of the vehicle identification number, and
license plate number.
(d) If the department or the Department of Public Safety
determines that a county assessor-collector is authorized to refuse
to register a vehicle under Subsection (c):
(1) the vehicle may not be registered through an
online system designated by the department under Section
520.005(d);
(2) the department shall refuse to register the
vehicle through an online system that is available to the public;
and
(3) the department or the Department of Public Safety
shall notify the county assessor-collector that the owner of the
vehicle owes the county money for a fine, fee, or tax that is past
due.
(e) Information that is provided to make a determination
under Subsection (c)(1) and that concerns the past due status of a
fine or fee imposed for a criminal offense and owed to the county
expires on the second anniversary of the date the information was
provided and may not be used to refuse registration after that
date. Once information about a past due fine or fee is provided
under Subsection (f), subsequent information about other fines or
fees that are imposed for a criminal offense and that become past
due before the second anniversary of the date the initial
information was provided may not be used, either before or after the
second anniversary of that date, to refuse registration under this
section unless the motor vehicle is no longer subject to refusal of
registration because of notice received under Subsection (g).
(f) The department shall develop and implement a system
through which a county may provide information to the department
necessary to make a determination under Subsection (d). The
department may charge a fee for the use of the system. The system
developed under this section must:
(1) verify in real time the information described by
Subsection (c)(1) 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.
(g) A county that provides information under Subsection (f)
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.
(h) After notice is received under Subsection (g), the
county assessor-collector or the department may not refuse to
register the motor vehicle under Subsection (c) or (d).
(i) Except as otherwise provided by this section, a county
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.
(j) An additional reimbursement fee imposed under
Subsection (i) may be used only to reimburse the county
assessor-collector for providing services under this section.
(k) A municipal court judge or justice of the peace who has
jurisdiction over the underlying offense may waive an additional
reimbursement fee imposed under Subsection (i) if the judge or
justice makes a finding that the defendant is economically unable
to pay the fee or that good cause exists for the waiver.
(l) If a county assessor-collector is notified that the
court having jurisdiction over the underlying offense has waived
the past due fine or fee, including a reimbursement fee, due to the
defendant's indigency, the county may not impose an additional
reimbursement fee on the defendant under Subsection (i).
(m) Notwithstanding any other provision of law, the
department:
(1) may collect from the Department of Public Safety
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.
(n) A county assessor-collector may not refuse to register a
motor vehicle under this section if the assessor-collector receives
information that the owner of the vehicle has an income that is less
than 250 percent of the applicable income level established by the
federal poverty guidelines.
(o) This section does not apply to the registration of a
motor vehicle under Section 501.0234, unless the vehicle is titled
and registered in the name of a person who holds a general
distinguishing number.
SECTION 3. The Texas Department of Motor Vehicles shall
implement the system required by Section 502.0101(f),
Transportation Code, as added by this Act, not later than September
1, 2026.
SECTION 4. Section 502.0101, Transportation Code, as added
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, 2026.
(b) Section 3 of this Act takes effect September 1, 2025.