Blanco Bill Lets Border Counties Refuse Registration Over Late Fines

The text as introduced · 1,237 words

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.