HBA-NLM C.S.H.B. 19 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 19 By: Goolsby Public Safety 3/19/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, municipalities in Texas may contract with the Texas Department of Transportation (TxDOT) to refuse to register a motor vehicle for failure to appear for a complaint, citation, or court order to pay a fine involving a violation of traffic law. However, outstanding fines on parking violations were not included in the provisions of the initial contract. The total amount of fines associated with these violations has reached over $11 million. C.S.H.B. 19 allows municipalities to contract with TxDOT to refuse to register a motor vehicle to an individual that has outstanding parking citations in excess of $100. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subtitle I, Title 7, Transportation Code, by adding Chapter 707, as follows: CHAPTER 707. DENIAL OF VEHICLE REGISTRATION FOR FAILURE TO PAY MUNICIPAL PARKING FINES Sec. 707.001. DEFINITIONS. Defines "department"and "registration." Sec. 707.002. REFUSAL TO REGISTER VEHICLE. Authorizes a county assessorcollector or the Texas Department of Transportation (TxDOT) to refuse to register a motor vehicle if the assessor-collector or TxDOT receives under a contract information from a municipality that the owner of the vehicle has an unpaid fine for a violation of an ordinance of the municipality regulating the parking, standing, or stopping of a vehicle. Authorizes a municipality to contract with a county or TxDOT in order to provide the county or TxDOT necessary information to refuse to register a motor vehicle. Provides that a municipality is authorized to report an unpaid fine for a violation of the municipality's ordinance under this section only if the fine is past due, if the person failed to make a timely appearance in court to challenge the imposition of the fine, if the person owes the municipality more than $100 in past due fines, including the fine for which a report is made, for violations of the municipality's ordinances which regulate the parking or stopping of a vehicle, and if the municipality has sent a notice to the person via first class mail indicating the person may be denied registration of any motor vehicle owned by the person for past due fines. Provides that a contract under this section must be made in accordance with Chapter 791, Government Code (Interlocal Cooperation Contracts) and is subject to the ability of the parties to provide or pay for the required services under the contract. Requires a municipality to notify the county or TxDOT regarding a person reported to have paid all unpaid fines and fees or have been dismissed for the payment of fines by the municipality and prohibits TxDOT or county from refusing the motor vehicle registration under these conditions. Makes a nonsubstantive change. Sec. 707.003. WARNING; CITATION. Provides that, if a contract is made under this chapter, a citation for certain violations of an ordinance must include a warning as required by Section 702.004 (Warning; Citation), Transportation Code, and specifies the content of the warning. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 19 modifies the original by changing the chapter title to CHAPTER 707. DENIAL OF VEHICLE REGISTRATION FOR FAILURE TO PAY MUNICIPAL PARKING FINES C.S.H.B. 19 modifies the original in SECTION 1 (Section 707.001, Transportation Code) by defining "department" to mean the Texas Department of Transportation, rather than the Department of Public Safety, and "registration" to include a renewal of the registration of a vehicle, rather than including a definition of "driver's license." C.S.H.B. 19 modifies the original in SECTION 1 (Section 707.002, Transportation Code) by changing the section title to REFUSAL TO REGISTER VEHICLE and by setting forth provisions to authorize a county assessor-collector or TxDOT to refuse to register a motor vehicle, including the addition of a fourth condition relating to a municipalities authority to report an unpaid fine. Removes the provision in the original bill authorizing a municipality to contract with the Department of Public Safety (department) in order to provide the department necessary information to deny the renewal of the driver's license of a person who has an unpaid fine for a violation of an ordinance of the municipality regulating the parking or stopping of a vehicle. C.S.H.B. 19 modifies the original in SECTION 1 (Section 707.003, Transportation Code), by changing the section title to WARNING; CITATION and by providing that, if a contract is made under this chapter, a citation for certain violations of an ordinance must include a warning as required by Section 702.004 (Warning; Citation), Transportation Code, and specifies the content of the warning. This substitute removes the provision in the original bill relating to the authority of the Department of Public Safety to deny the renewal of a driver's license. C.S.H.B. 19 modifies the original in SECTION 1 by deleting from the original bill Sections 707.004 and 707.005 relating to a warning statement that a driver's license renewal may be denied if a person fails to pay a fine associated with the violation and the requirement for the municipality to notify the Department of Public Safety that there is no longer a reason to continue to deny a driver's license renewal based on a violation.