| 1 | 1 | | By: Gattis, Pickett, Vaught H.B. No. 3255 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the impoundment of a motor vehicle if operated without |
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| 7 | 7 | | financial responsibility. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter C, Chapter 601, Transportation Code, |
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| 10 | 10 | | is amended by adding Section 601.0535 to read as follows: |
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| 11 | 11 | | Sec. 601.0535. IMPOUNDMENT OF MOTOR VEHICLE BY PEACE |
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| 12 | 12 | | OFFICER. (a) A peace officer may impound the vehicle of a person |
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| 13 | 13 | | who operates a motor vehicle in violation of Section 601.051 if the |
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| 14 | 14 | | person has been previously convicted of a violation of that |
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| 15 | 15 | | section. |
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| 16 | 16 | | (b) If an officer impounds a motor vehicle under Subsection |
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| 17 | 17 | | (a), the officer shall issue the person a written explanation, on a |
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| 18 | 18 | | form designed by the law enforcement agency that employs the peace |
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| 19 | 19 | | officer, as to how the owner or operator of the vehicle may recover |
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| 20 | 20 | | the motor vehicle from that law enforcement agency. |
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| 21 | 21 | | (c) The law enforcement agency that impounds a motor vehicle |
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| 22 | 22 | | under Subsection (a) may release the vehicle to the owner or |
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| 23 | 23 | | operator of the vehicle only if the owner or operator: |
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| 24 | 24 | | (1) provides to the law enforcement agency evidence |
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| 25 | 25 | | consistent with: |
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| 26 | 26 | | (A) Section 601.053, showing that on the date the |
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| 27 | 27 | | vehicle was impounded, the motor vehicle was in compliance with |
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| 28 | 28 | | Section 601.051; |
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| 29 | 29 | | (B) Section 601.052, showing that on that date |
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| 30 | 30 | | the vehicle was exempt from the requirements of Section 601.051; or |
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| 31 | 31 | | (C) Section 601.053, showing that financial |
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| 32 | 32 | | responsibility for the vehicle has been obtained and is valid; and |
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| 33 | 33 | | (2) pays for the cost of the impoundment. |
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| 34 | 34 | | SECTION 2. The change in law made by this Act applies only |
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| 35 | 35 | | to an offense committed on or after September 1, 2009. An offense |
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| 36 | 36 | | committed before September 1, 2009, is covered by the law in effect |
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| 37 | 37 | | when the offense was committed, and the former law is continued in |
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| 38 | 38 | | effect for that purpose. For purposes of this section, an offense |
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| 39 | 39 | | was committed before September 1, 2009, if any element of the |
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| 40 | 40 | | offense occurred before that date. |
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| 41 | 41 | | SECTION 3. This Act takes effect September 1, 2009. |
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