Bill Text: TX HB3416 | 2017-2018 | 85th Legislature | Introduced

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Bill Title: Relating to Texas Department of Motor Vehicles and county tax assessor-collector vehicle titling and registration duties and fees associated with those duties.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2017-03-31 - Referred to Transportation [HB3416 Detail]

Download: Texas-2017-HB3416-Introduced.html

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By: Cortez H.B. No. 3416

A BILL TO BE ENTITLED
AN ACT
relating to Texas Department of Motor Vehicles and county tax
assessor-collector vehicle titling and registration duties and
fees associated with those duties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 502.040, Transportation Code, is amended
by adding Subsection (e) to read as follows:
(e) With the approval of the commissioners court of a
county, a county assessor-collector may contract with a private
entity to enable an applicant for registration to use an electronic
off-premises location.
SECTION 2. Subchapter B, Chapter 502, Transportation Code,
is amended by adding Section 502.0441 to read as follows:
Sec 502.0441. REGISTRATION RENEWAL THROUGH ELECTRONIC
SYSTEM. (a) The department may designate an electronic system for
registration renewal applications.
(b) If the department designates an electronic system, each
county assessor-collector shall:
(1) use the system to receive registration renewal
applications for vehicles that are not required by this chapter to
be registered directly by the department;
(2) review and process the applications; and
(3) mail to an applicant for renewed registration in
the assessor-collector's county the registration receipt or
insignia issued to the applicant.
SECTION 3. Section 502.1911, Transportation Code, is
amended by amending Subsections (b) and (c) and adding Subsection
(d) to read as follows:
(b) The board by rule shall set the fee in an amount that:
(1) includes the fee established under Section
502.356(a); and
(2) is sufficient to cover the expenses associated
with collecting registration fees by:
(A) the department;
(B) a county tax assessor-collector;
(C) a private entity with which a county tax
assessor-collector contracts under Section 502.040(e) [502.197];
or
(D) a deputy assessor-collector that is
deputized in accordance with board rule under Section 520.0071.
(c) The county tax assessor-collector, a private entity
with which a county tax assessor-collector contracts under Section
502.040(e) [502.197], or a deputy assessor-collector may retain a
portion of the fee [collected under Subsection (b)] as provided by
board rule. Remaining amounts collected under this section shall be
deposited to the credit of the Texas Department of Motor Vehicles
fund.
(d) The rules adopted under this section must allow a county
tax assessor-collector to retain a service charge of at least $1.50
for each application submitted to the assessor-collector by mail.
The retained service charge shall be used to pay the costs of
handling and postage to mail the registration receipt and insignia
to the applicant.
SECTION 4. Section 502.471(b), Transportation Code, is
amended to read as follows:
(b) This section does not apply to a violation of Section
502.003, 502.042, [502.197,] or 502.431.
SECTION 5. Section 520.0071, Transportation Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) The board by rule shall prescribe:
(1) the classification types of deputies performing
titling and registration duties;
(2) the duties and obligations of deputies;
(3) the type and amount of any bonds that may be
required by a county assessor-collector for a deputy to perform
titling and registration duties; and
(4) except as provided by Subsection (c), the fees
that may be charged or retained by deputies.
(c)
A county assessor-collector that deputizes an
individual or business under this section may authorize the deputy
to charge or retain a fee in addition to fees authorized under
Chapter 501 or 502 in an amount to be determined by the
assessor-collector.
SECTION 6. Sections 348.005 and 353.006, Finance Code, are
amended to read as follows:
Sec. 348.005. ITEMIZED CHARGE. An amount in a retail
installment contract is an itemized charge if the amount is not
included in the cash price and is the amount of:
(1) fees for registration, certificate of title, and
license and any additional registration fees charged by a deputy as
authorized [by rules adopted] under Section 520.0071,
Transportation Code;
(2) any taxes;
(3) fees or charges prescribed by law and connected
with the sale or inspection of the motor vehicle; and
(4) charges authorized for insurance, service
contracts, warranties, automobile club memberships, or a debt
cancellation agreement by Subchapter C.
Sec. 353.006. ITEMIZED CHARGE. An amount in a retail
installment contract is an itemized charge if the amount is not
included in the cash price and is the amount of:
(1) fees for registration, certificate of title, and
license and any additional registration fees charged by a deputy as
authorized [by rules adopted] under Section 520.0071,
Transportation Code;
(2) any taxes;
(3) fees or charges prescribed by law and connected
with the sale or inspection of the commercial vehicle;
(4) charges authorized for insurance, service
contracts, and warranties by Subchapter C; and
(5) advances or payments authorized under Section
353.402(b) or (c) made by the retail seller to or for the benefit of
the retail buyer.
SECTION 7. Sections 502.197 and 520.005(d), Transportation
Code, are repealed.
SECTION 8. This Act takes effect September 1, 2017.