ORDER NO. 15609 OPTIONAL COUNTY REGISTRATION FEE On this the 13th day of August 1984, upon motion made by Commissioner Holland, seconded by Commissioner Guthrie, it was unanimously approved by the Court that Kerr County will not impose an extra fee of five dollars ($5.00) for each vehicle registered in the County, in accordance with Article 6675a-1 et seq., Vernon"s Texas Civil Statutes.. COMMISSION STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ENGINEER~DIRECTOR MARK G. GOODE ROBERT C. LAMER, CHAIRMAN ROBERT H. DEDMAN JOHN R. BUTLER, JR. MOTOR VEHICLE INFORMATION CIRCULAR NO. 27-83 SUBJECT: HOUSE BILL 965 - OPTIONAL $5 COUNTY FEE - COUNTY IN WHICH TO APPLY FOR REGISTRATION TO: ALL COUNTY TAX ASSESSOR-COLLECTORS Ladies and Gentlemen: IN REPLY REFER TO FILE NO. D12-1 Attached hereto is a copy of House Bill 965, Acts of the 68th Texas Legislature, Regular Session, 1983. This bill amends the Registration Law by providing the counties with the option of imposing an extra fee of Five Dollars ($5) in addition to the regular registration fee for each vehicle registered in the county. Four Dollars and Eighty-five Cents ($4.85) of the additional fee collected will be retained by the county for deposit in the County Road and Bridge Fund with the remaining Fifteen Cents (15C) being remitted to the Department. As you will notice, the provisions of this portion of the bill do not become effective until January 1, 1985. However, if your county desires to implement the optional Five Dollar ($5) fee, the county commissioners court must issue an order and notify the Department on or before September 1, 1984. Other- wise, you will not have this option again until January 1, 1990. We will furnish you with detailed instructions regarding the implementation of this program at a later date. In addition, House Bill 965 provides statutory authority for an applicant to apply for registration and title in the county in which he resides, the county in which the vehicle is purchased, MOTOR VEHICLE DIVISION AUSTIN, TEXAS 78779 August 16, 1983 (over) MOTOR VEHICLE INFORMATION CIRCULAR NO. 27-83 August 16, 1983 Page Two or the county in which the lienholder is located. All sub- sequent registrations of the vehicle by such owner must be obtained through the county tax collector of the county in which the owner resides. The effective date of this portion of the bill is August 29, 1983. Sincerely yours, M. G. Goode Engineer-Director By: . R. W. Townsley, D' ector Motor Vehicle Division RWT:fh Attachment House Bill 965 As Finally Passed And Signed By The Governor Effective August 29, 1983 AN ACT BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 88, General Laws, Acts of the 41st Legis- lature, 2nd Called Session, 1929 (Article 6675a-1 et seq., Vernon's Texas Civil Statutes), is amended by adding Section 9a to read as follows: Sec. 9a. OPTIONAL COUNTY REGISTRATION FEE. (a) The Commis- sinners Court of a County by order. may imposeL in addition to the fee im osed by this Act for registering a vehicle in this State, an extra fee of Five Dollars ($5) for each vehicle registered in the County• A vehicle that may be registered under this Act with- out pavment of a registration fee may be registered in the County without payment of the extra fee. (b) A county may impose a fee under this section only to take effect beginning January 1 of a year ending in a "5"_or a "0." The county shall adopt the order and notify the Department on or before September 1 of the vear preceding the Year in which the fee takes effect. Imposition of the fee may be removed but the removal may only become effective beginning January 1 of a year ending in a "5" or a "0." A county may remove the fee only by: H. B. 965 Page 2 (1) rescinding the order imposin the fee• and (2) notifyin the Department on or before September 1 of the year preceding the year in which the removal takes effect (c) The County Tax Collector of a County imposin a fee under this section shall collect the extra fee for a vehicle simultaneously with the collection of other fees imposed under this Act for the vehicle. Id) The Department shall collect the extra fee on a vehicle owned by a resident of a County imposing a fee under Subsection (a) of this section that under this Act must be registered directly with the Department. The Department shall remit all fees collected for the County under this subsection to the County Treasurer for deposit in the County Road and Bridge Fund. (e) The Department shall adopt rules and develop forms necessary to administer registration by mail for vehicles registerin in a County imposing a fee under Subsection (a) of this section SECTION 2. Section 10, Chapter 88, General Laws, Acts of the 41st Legislature, 2nd Called Session, 1929 (Article 6675a-10, Vernon's Texas Civil Statutes), is amended by amending Subsections (a) and (d) and by adding Subsection (c-1) to read as follows: (a) Except as provided by Subsection (c-1) of this section on [en] Monday of each week each County Tax Collector shall deposit H. B. 965 Page 3 in the County Depository of his County to the credit of the County Road and Bridge Fund an amount equal to one hundred per cent (100) of net collections made hereunder during the preceding week until the amount so deposited for the current calendar year shall have reached a total sum of Fifty Thousand Dollars ($50,000) plus Three Hundred and Fifty Dollars ($350) for each mile of county road, not to exceed five hundred (500) miles, maintained by the County accord- ing to the latest data available from the State Department of Highways and Public Transportation. (c-1) On Monday of each week each County Tax Collector in a County imposing a fee under Section 9a of this Act shall deposit in the County Depository of the County to the credit of the County Road and Bridge Fund, an amount equal to ninety-seven per cent (97$) of the extra fees collected under Section 9a of this Act. The County Tax Collector shall remit to the Department the remaining three per cent (3~) to defray costs incurred by the De artment in administering its duties under Section 9a of this Act. (d) Except as provided by Subsection (c-1) of this section, the [eke] County Tax Collector may defer remittance to the Depart- ment of fees collected under this Act if the fees are deposited in a daily interest savings account in the County Depository. The County Tax Collector shall remit to the Department fees so deposited H. B. 965 Page 9 no later than the thirty-fourth (34th) day after the due dates set forth in Subsections (b) and (c) of this section. SECTION 3. A fee imposed by a county under Section 9a, Chapter 88, General Laws, Acts of the 41st Legislature, 2nd Called Session, 1929 (Article 6675a-1 et seq., Vernon's Texas Civil Statutes), ap- plies to a registration period that begins on or after the date the fee takes effect. SECTION 4. Section 2, Chapter 88, General Laws, Acts of the 41st Legislature, 2nd Called Session, 1929 (Article 6675a-2, Vernon's Texas Civil Statutes), is amended by adding Subsection (a-1) to read as follows: (a-1) Notwithstanding the provisions of Subsection (a) above, when a motor vehicle is required to be registered as a prerequisite to the acceptance of an application for certificate of title, the owner thereof may concurrently file an application for certificate of title and apply for the registration of such motor vehicle through the County Tax Collector in the county of his domicile or the county in which the vehicle is purchased or encumbered, provided, however, that all subsequent registrations of the motor vehicle by such owner must be obtained through the County Tax Collector of the county in which the owner resides. H. B. 965 Page 5 SECTION 5. Section 27, Certificate of Title Act (Article 6687-1, Vernon's Texas Civil Statutes), is amended to read as follows: Sec. 27. APPLICATION FOR CERTIFICATE OF TITLE BEFORE SALE. Before selling or disposing of any motor vehicle required to be reg- istered or licensed in this State on any highway or public place within this State, except with dealer's metal or cardboard license number thereto attached as now provided by law, the owner shall make application to the designated agent in the county of his domicile or the county in which the vehicle is purchased or encumbered upon form to be prescribed by the Department for a certificate of title for such motor vehicle. SECTION 6. Article 6687-6, Revised Statutes, is amended to read as follows: Art. 6687-6. SECONDHAND VEHICLE TRANSFERS. The current year registration license receipt and the properly assigned Certificate of Title or other evidence of title required to be delivered to the transferee of a used or secondhand vehicle under the terms of Article 6687-5, Revised Civil Statutes of Texas, 1925, as amended, shall be filed by the transferee within twenty (20) working days of the date of transfer with the County Tax Assessor-Collector [ef-the eenntp-rn-Nhieh-the-~~ass€e~ee-resides] as an application for transfer of title as required under the Certificate of Title Act, as amended H. B. 965 Page 6 (Article 6687-1, Vernon's Texas Civil Statutes), and as an applica- tion for transfer of license and in addition to the fees required under the Certificate of Title Act, as amended (Article 6687-1, Vernon's Texas Civil Statutes), for the transfer of title there shall be paid a transfer fee of fifty cents (50C) for the transfer of reg- istration; provided that if said transferee does not file said ap- plications within twenty (20) working days a penalty or fee of Five Dollars ($5) shall be paid upon the filing of such application and such penalty shall be collected for each vehicle upon application filed by the transferee. The Tax Assessor-Collector and his bonds- men shall be liable for the penalty herein provided in the event such penalty is not collected. For his services under this Act the County Tax Assessor-Collector shall retain as commission one-half (112) of fees collected Łor transfer of registration and one-half (1/2) oŁ any penalties collected for delinquent filing of applications and the other one-half (1/2) such fees and penalties shall be reported to and remitted to the State Department of Highways and Public Transportation on Monday of each week as other registration fees are now required to be reported and remitted. Upon receipt of an appli- cation for transfer of Certificate of Title and registration the ap- plication for transfer of title shall be handled by the Tax Assessor- Collector as provided under the Certificate of Title Act, as amended H. B. 965 Page 7 (Article 6687-1, Vernon's Texas Civil Statutes), and in addition the Department shall issue or cause to be issued a transfer of registra- tion receipt on the application for transfer of registration. The Department may promulgate such reasonable rules and regulations and prescribe such forms as it shall deem necessary to carry out the orderly operation of this Act. It is expressly provided that upon the transfer of any vehicle from one person to another in the State of Texas, all papers or documents relating to or supporting transfer of registration and/or Certificate of Title shall be executed in full and dated as of the date of such transfer, and any person who shall transfer a vehicle and execute such papers or documents as provided for herein wholly or partly in blank leaving out any information that is required to be furnished, shall be guilty of a mesdemeanor and shall be fined in any sum not less than Fifty Dollars ($50) and not exceeding Two Hundred Dollars ($200). It is further provided than any transferee who accepts transfer papers as herein provided ex- ecuted wholly or partly in blank or any person who alters, changes, or mutilates such transfer papers, or whoever violates any provision of this Section for which no specific penalty is provided shall be guilty of a misdemeanor and shall be fined in any sum not less than Fifty Dollars ($50) nor exceeding Two Hundred Dollars ($200). In this Article, the term "working day" means any day except Saturday, Sunday, or a holiday on which county offices are closed. Certified copies mailed 8/27/84 to Austin and San Antonio to State Department of Highways & Public Transportation Addresses attached, TATS DEPARTMENT OF HIGHWAY AND PUBLIC TRAFJSPORTATIOfJ MOTOR VEHICLE DIVISION 4243 PIEDRAS DR, EAST SUITE 155 SAN ANTONIO, TX 78228 STATE DEPARTMENT OF HiGHWgyS qlp p11BLIC TRANSPORTgTION MOTOR VEHICLE DIVISION 40TH AI,~ JACKSON AVER AUSTIN, TEXAS 78779