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Scofflaw Law

Scofflaw Law. John Gray, Dallas Region Manager jgray3@dot.state.tx.us. May 22, 2008 TMCEC’s Municipal Traffic Safety Conference. “Definitions”. scoff·law n. O ne who habitually violates the law or fails to answer court summonses . Source: dictionary.com

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Scofflaw Law

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  1. Scofflaw Law John Gray, Dallas Region Manager jgray3@dot.state.tx.us May 22, 2008 TMCEC’s Municipal Traffic Safety Conference

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

  3. “City” & “County” Statutes • Texas Transportation Code provides two statutes for dealing with “scofflaws” • City statute §702.003 (1995); and County statute §502.185 (1997) • Vehicle owners deemed delinquent in paying a fine, fee or tax to a city or county

  4. Scofflaw “Allows” • County Tax Assessor-Collector may refuse registration of motor vehicle • 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

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

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

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

  8. ‘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

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

  10. To “Flag” a Vehicle Record • Information media (CD, e-mail 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) • Cost may be passed on to customer (interlocal agreement between city/county)

  11. Scofflaw Flag: Single

  12. Scofflaw Flags: Multiple

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

  14. Registration Renewal Receipt: CITY SCOFFLAW

  15. Registration Renewal Receipt: COUNTY SCOFFLAW

  16. Other Concerns • 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 • Fee uncollectable from innocent purchasers, dealers, et. al. - debt is “lost”

  17. Scofflaw Limitations • 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

  18. 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 • Toughening up scofflaw law requires legislative action

  19. Thank you ! Contact info: Technology Support Branch (TSB) Texas Department of Transportation 4000 Jackson Avenue Austin, Texas 78731 Attn: Jim Elizalde, JELIZAL@dot.state.tx.us Mary Eschenburg, MESCHEN@dot.state.tx.us

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