85(R) - 2017
Transportation & Infrastructure
Vote No; Amend
Relating to the titling of motor vehicles; creating a criminal offense and authorizing fees.
From the LBB: no significant fiscal implication to the state is anticipated.
HB 2462 would make a multitude of changes to the Transportation Code including redefining the terms "travel trailer" and and "nonrepairable motor vehicle" and updating various title and registration requirements for various trailers, semitrailers, and motor vehicles. Most significantly, knowingly providing false or incorrect information or without legal authority signing the name of another person on certain title applications would be a third degree felony. The punishment for a third degree felony is not less than two years but not more than ten years in confinement and a fine up to $10,000.
Vote Recommendation Notes
Most of the changes this legislation makes are procedural or administrative changes that are within the legitimate purview of the legislature to make. However, a third degree felony seems disproportionate to the offense of knowingly providing false or incorrect information on a title application. We would withdraw our objection if this legislation were amended to reduce the penalty to state jail felony, or even better a Class A misdemeanor for a first offence. A Class A misdemeanor is still a significant penalty which would carry the possibility but not requirement of incarceration.