HBA-JRA H.B. 89 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 89
By: Gutierrez
Transportation
4/16/1999
Introduced



BACKGROUND AND PURPOSE 

Currently the penalty for a late vehicle registration is 20 percent of the
total amount due regardless of how late the penalty is paid.  Texas
Department of Transportation surveys indicate that an average of four
percent of the vehicles being driven on Texas highways have invalid vehicle
registrations and the average delinquent registration occurs three to four
months after the due date.  H.B. 89 increases the penalty for the late
registration of a motor vehicle to either 20 percent of the total amount
due or $5.00 for each calendar month, beginning the second month after the
expiration date of the registration, whichever is greater. 

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 Section 502.158(f), Transportation Code, to require that
a vehicle registration application filed more than five days, rather than
one month, after the prior registration expires, be accompanied by proof,
rather than a statement, that the vehicle has not been operated on a public
highway since the registration expired, or be accompanied by a delinquent
fee under Section 502.176. 

SECTION 2.  Amends Section 502.176, Transportation Code, by amending
Subsection (b) and adding Subsection (c), as follows: 

(b)(1)  Prohibits the county assessor-collector to register a vehicle with
a delinquent registration fee unless the owner provides proof, as an
alternative to paying an additional charge, that the vehicle has not been
operated on a public highway. 

(2)  Creates this subdivision from existing text and provides an additional
charge  of either 20 percent of the registration fee or $5 for each full or
partial calendar month beginning the second month after the date the
registration expired, whichever is greater. 

(c)  Requires the fees collected to be disposed of and reported as provided
by Sections 502.102 (Disposition of Fees Generally) and 502.105 (Report of
Fees Collected) if the county has implemented the Texas Department of
Transportation's automated registration and title system.  Requires the
fees collected to be sent to the comptroller for deposit to the credit of
the state highway fund if the automated system has not been implemented in
the county. 

SECTION 3.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 4.  Emergency clause.