Scofflaw LawScofflaw LawJohn Gray, Dallas Region ManagerJohn Gray, Dallas Region Manager

jgray3@dot.state.tx.usjgray3@dot.state.tx.us

May 22, 2008

TMCEC’s Municipal Traffic Safety Conference

““Definitions”Definitions”

scoff·lawscoff·law    n.n. OOne who habitually violates ne who habitually violates the law or fails to answer court the law or fails to answer court summonsessummonses..

Source: dictionary.comSource: dictionary.com

scoff·lawscoff·law    n.n. VVehicle owner deemed ehicle owner deemed delinquent in paying a fine, fee or tax to a delinquent in paying a fine, fee or tax to a city or countycity or county..

Source: Texas Trans. CodeSource: Texas Trans. Code

““City” & “County” StatutesCity” & “County” Statutes

Texas Transportation CodeTexas Transportation Code provides provides two two statutesstatutes for dealing with “scofflaws” for dealing with “scofflaws”

City statute City statute §§702702..003003 (1995); and (1995); and

County statute County statute §§502502..185185 (1997) (1997) Vehicle owners deemed delinquent in Vehicle owners deemed delinquent in

paying a paying a fine, fee or taxfine, fee or tax to a city or county to a city or county

Scofflaw “Allows”Scofflaw “Allows”

County Tax Assessor-Collector may County Tax Assessor-Collector may refuse registration of motor vehiclerefuse registration of motor vehicle

Past due is defined as a period of Past due is defined as a period of at leastat least 90 days 90 days

Governmental entities (i.e., county Governmental entities (i.e., county attorney’s office, toll road authority, etc.) attorney’s office, toll road authority, etc.) may contract to pursue use of flagging may contract to pursue use of flagging mechanismmechanism

““Contract” with the StateContract” with the State

Statute permits contracts with the Statute permits contracts with the department, which should be approved department, which should be approved by:by:

City councilCity council, or, or

County commissioner’s courtCounty commissioner’s court

(Depending on the type of (Depending on the type of jurisdiction/entity seeking contract)jurisdiction/entity seeking contract)

Active County ContractsActive County Contracts

Texas Department of Transportation Texas Department of Transportation

(TxDOT) currently contracts with:(TxDOT) currently contracts with: El Paso County (Domestic Relations Office)El Paso County (Domestic Relations Office) Harris County (Toll Road Authority & County Harris County (Toll Road Authority & County

Attorney’s Office)Attorney’s Office) Kaufman CountyKaufman County Fort Bend CountyFort Bend County Ector CountyEctor County

Active City Contracts Active City Contracts

Texas Department of Transportation Texas Department of Transportation

(TxDOT) currently contracts with:(TxDOT) currently contracts with: City of El Paso City of El Paso Horizon CityHorizon City City of SocorroCity of Socorro City of HumbleCity of Humble

‘ ‘Get Tough’ ApproachGet Tough’ Approach

El Paso County Tax Assessor-Collector El Paso County Tax Assessor-Collector Victor Flores agreed to deny vehicle Victor Flores agreed to deny vehicle registration to owners with outstanding registration to owners with outstanding traffic warrants issued by El Paso traffic warrants issued by El Paso Municipal CourtsMunicipal Courts

To register, warrant holders directed to To register, warrant holders directed to courts to secure “clearance letter”courts to secure “clearance letter”

Source: El Paso Mayor’s OfficeSource: El Paso Mayor’s Office

Participation LevelParticipation Level

Why not more participation in Scofflaw Why not more participation in Scofflaw Program?Program?

Angry customers in tax officeAngry customers in tax office Liability concerns Liability concerns Loss of local funds Loss of local funds Confusion between city / countyConfusion between city / county Local programs already in placeLocal programs already in place Lack of detail on registration recordLack of detail on registration record

To “Flag” a Vehicle RecordTo “Flag” a Vehicle Record

Information media (CD, e-mail file Information media (CD, e-mail file attachments, etc.) supplied to Technology attachments, etc.) supplied to Technology Support Branch (TSB) by government Support Branch (TSB) by government entityentity

Base fee: $23 per submission of scofflaw Base fee: $23 per submission of scofflaw information, plus .12 cents for each information, plus .12 cents for each transaction (flag, clear, probe)transaction (flag, clear, probe)

Cost may be passed on to customer Cost may be passed on to customer (interlocal agreement between city/county)(interlocal agreement between city/county)

Scofflaw Flag: SingleScofflaw Flag: Single

Scofflaw Flags: MultipleScofflaw Flags: Multiple

Scofflaw Flag is SoftScofflaw Flag is Soft

Flagging a record does not Flagging a record does not preventprevent registration (Internet renewals result in a registration (Internet renewals result in a hard stop)hard stop)

Flagging allows a Flagging allows a remarkremark on the record on the record For effectiveness, a county tax office For effectiveness, a county tax office

clerk must:clerk must: 1. notice the 1. notice the remarkremark and, and, 2. participate in 2. participate in enforcementenforcement

Subcontractors should not process Subcontractors should not process

Registration Registration Renewal Renewal Receipt: Receipt:

CITY SCOFFLAWCITY SCOFFLAW

Registration Registration Renewal Renewal Receipt: Receipt:

COUNTY COUNTY SCOFFLAWSCOFFLAW

Other ConcernsOther Concerns

Scofflaw flag does not affect Scofflaw flag does not affect title processtitle process (motor vehicle could be sold by a scofflaw (motor vehicle could be sold by a scofflaw owner)owner)

If sale occurs just prior to record getting If sale occurs just prior to record getting flagged, innocent purchaser could take flagged, innocent purchaser could take possession of newly-flagged vehiclepossession of newly-flagged vehicle

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

Scofflaw LimitationsScofflaw Limitations

RTS error report occurs if attempt made RTS error report occurs if attempt made to update registration record with to update registration record with additional scofflaw remarksadditional scofflaw remarks

Counties only allowed to flag a record of Counties only allowed to flag a record of county residentcounty resident

Scofflaw FutureScofflaw Future

With ramping up of toll road authorities, With ramping up of toll road authorities, the desire/need for multiple flags — even the desire/need for multiple flags — even from the same toll road entity — could from the same toll road entity — could become a concern in regions with high become a concern in regions with high traffic volumetraffic volume

Toughening up scofflaw law requires Toughening up scofflaw law requires legislative actionlegislative action

Thank youThank you ! !

Contact info:Contact info:

Technology Support Branch (TSB)Technology Support Branch (TSB)

Texas Department of TransportationTexas Department of Transportation

4000 Jackson Avenue4000 Jackson Avenue

Austin, Texas 78731Austin, Texas 78731

AttnAttn: Jim Elizalde, : Jim Elizalde, JELIZAL@dot.state.tx.us

Mary Eschenburg, MESCHEN@dot.state.tx.us