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TITLE 43TRANSPORTATION
PART 10TEXAS DEPARTMENT OF MOTOR VEHICLES
CHAPTER 223COMPLIANCE AND INVESTIGATIONS
SUBCHAPTER AFRAUD, WASTE, OR ABUSE
RULE §223.5External Risk-Based Monitoring System

(a) All county tax assessor-collectors, their contractors' staff, and the deputies who use RTS are subject to periodic examination by the department. As a result of the examination, the department will classify each county tax assessor-collector, each of their contractors' staff, and each deputy as priority or non-priority for the purposes of prioritizing reviews to determine whether there is evidence of fraud by the county tax assessor-collector, their contractors' staff, or a deputy. In classifying a county tax assessor-collector, their contractors' staff, or a deputy, the department may consider factors, including, but not limited to:

  (1) referrals or complaints received from partner state agencies;

  (2) referrals or complaints received from public safety agencies;

  (3) the retirement, resignation, or impeachment of the county tax assessor-collector;

  (4) a contingency that disrupted county motor vehicle title and registration operations, such as a natural disaster or the theft or the burglary of a county tax assessor-collector's premises;

  (5) previous compliance review designations;

  (6) previous instances of non-compliance; and

  (7) a complaint filed through an internal reporting mechanism, such as a Red Flag referral, telephone call, or an email received by the department's Consumer Relations Division (CRD), or any other means of communication with the department.

(b) It is the department's goal to review each county tax assessor-collector, each of their contractors' staff, and each deputy as follows:

  (1) if the county tax assessor-collector, their contractors' staff person, or deputy is classified as a priority, they will be reviewed at least once per year; or

  (2) if the county tax assessor-collector, their contractors' staff person, or deputy is classified as a non-priority, they will be reviewed at least once every two years.

(c) Examinations under this section may be virtual; on premises at the county tax assessor-collector's, their contractors' staff person's, or deputy's location; or some combination of these options.

(d) The department may notify the county tax assessor-collector of possible fraudulent activity in the county tax assessor-collector's office when the department is authorized by law enforcement.


Source Note: The provisions of this §223.5 adopted to be effective August 29, 2024, 49 TexReg 6466

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