Scofflaw Law John Gray, Dallas Region Manager May 22, 2008 TMCEC’s Municipal Traffic Safety Conference

“Definitions” scoff·law n. One who habitually violates the law or fails to answer court summonses. scoff·law n. One who habitually violates the law or fails to answer court summonses. Source: dictionary.com scoff·law n. Vehicle owner deemed delinquent in paying a fine, fee or tax to a city or county. scoff·law n. Vehicle owner deemed delinquent in paying a fine, fee or tax to a city or county. Source: Texas Trans. Code

“City” & “County” Statutes Texas Transportation Code provides two statutes for dealing with “scofflaws” Texas Transportation Code provides two statutes for dealing with “scofflaws” City statute § (1995); and City statute § (1995); and County statute § (1997) Vehicle owners deemed delinquent in paying a fine, fee or tax to a city or county Vehicle owners deemed delinquent in paying a fine, fee or tax to a city or county

Scofflaw “Allows” County Tax Assessor-Collector may refuse registration of motor vehicle County Tax Assessor-Collector may refuse registration of motor vehicle Past due is defined as a period of at least 90 days Past due is defined as a period of at least 90 days Governmental entities (i.e., county attorney’s office, toll road authority, etc.) may contract to pursue use of flagging mechanism Governmental entities (i.e., county attorney’s office, toll road authority, etc.) may contract to pursue use of flagging mechanism

“Contract” with the State Statute permits contracts with the department, which should be approved by: Statute permits contracts with the department, which should be approved by: City council, or County commissioner’s court County commissioner’s court (Depending on the type of jurisdiction/entity seeking contract) (Depending on the type of jurisdiction/entity seeking contract)

Active County Contracts Texas Department of Transportation (TxDOT) currently contracts with: El Paso County (Domestic Relations Office) El Paso County (Domestic Relations Office) Harris County (Toll Road Authority & County Attorney’s Office) Harris County (Toll Road Authority & County Attorney’s Office) Kaufman County Kaufman County Fort Bend County Fort Bend County Ector County Ector County

Active City Contracts Texas Department of Transportation (TxDOT) currently contracts with: City of El Paso City of El Paso Horizon City Horizon City City of Socorro City of Socorro City of Humble City of Humble

‘Get Tough’ Approach ‘Get Tough’ Approach El Paso County Tax Assessor-Collector Victor Flores agreed to deny vehicle registration to owners with outstanding traffic warrants issued by El Paso Municipal Courts To register, warrant holders directed to courts to secure “clearance letter” Source: El Paso Mayor’s Office

Participation Level Why not more participation in Scofflaw Program? Angry customers in tax office Angry customers in tax office Liability concerns Liability concerns Loss of local funds Loss of local funds Confusion between city / county Confusion between city / county Local programs already in place Local programs already in place Lack of detail on registration record Lack of detail on registration record

To “Flag” a Vehicle Record Information media (CD, file attachments, etc.) supplied to Technology Support Branch (TSB) by government entity Information media (CD, file attachments, etc.) supplied to Technology Support Branch (TSB) by government entity Base fee: $23 per submission of scofflaw information, plus.12 cents for each transaction (flag, clear, probe) Base fee: $23 per submission of scofflaw information, plus.12 cents for each transaction (flag, clear, probe) Cost may be passed on to customer (interlocal agreement between city/county) Cost may be passed on to customer (interlocal agreement between city/county)

Scofflaw Flag: Single

Scofflaw Flags: Multiple

Scofflaw Flag is Soft Scofflaw Flag is Soft Flagging a record does not prevent registration (Internet renewals result in a hard stop) Flagging a record does not prevent registration (Internet renewals result in a hard stop) Flagging allows a remark on the record Flagging allows a remark on the record For effectiveness, a county tax office clerk must: For effectiveness, a county tax office clerk must: 1. notice the remark and, 1. notice the remark and, 2. participate in enforcement 2. participate in enforcement Subcontractors should not process Subcontractors should not process

Registration Renewal Receipt: Registration Renewal Receipt: CITY SCOFFLAW CITY SCOFFLAW

Registration Renewal Receipt: Registration Renewal Receipt: COUNTY SCOFFLAW COUNTY SCOFFLAW

Other Concerns Scofflaw flag does not affect title process (motor vehicle could be sold by a scofflaw owner) Scofflaw flag does not affect title process (motor vehicle could be sold by a scofflaw owner) If sale occurs just prior to record getting flagged, innocent purchaser could take possession of newly-flagged vehicle If sale occurs just prior to record getting flagged, innocent purchaser could take possession of newly-flagged vehicle Fee uncollectable from innocent purchasers, dealers, et. al. - debt is “lost” Fee uncollectable from innocent purchasers, dealers, et. al. - debt is “lost”

Scofflaw Limitations RTS error report occurs if attempt made to update registration record with additional scofflaw remarks RTS error report occurs if attempt made to update registration record with additional scofflaw remarks Counties only allowed to flag a record of county resident Counties only allowed to flag a record of county resident

Scofflaw Future With ramping up of toll road authorities, the desire/need for multiple flags — even from the same toll road entity — could become a concern in regions with high traffic volume With ramping up of toll road authorities, the desire/need for multiple flags — even from the same toll road entity — could become a concern in regions with high traffic volume Toughening up scofflaw law requires legislative action Toughening up scofflaw law requires legislative action

Thank you ! Contact info: Technology Support Branch (TSB) Texas Department of Transportation 4000 Jackson Avenue Austin, Texas Attn: Jim Elizalde, Attn: Jim Elizalde, Mary Eschenburg,