81R16594 EAH-D
By: Gonzalez Toureilles, King of Zavala H.B. No. 453
Substitute the following for H.B. No. 453:
By: Driver C.S.H.B. No. 453
A BILL TO BE ENTITLED
AN ACT
relating to the use of auction proceeds from the sale of certain
abandoned motor vehicles to compensate certain property owners.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 683.015, Transportation Code, is amended
by adding Subsections (f) and (g) to read as follows:
(f) A law enforcement agency may use funds received from the
sale of a motor vehicle abandoned as a result of a vehicular pursuit
involving the law enforcement agency and transferred under
Subsection (d) to compensate property owners whose property was
damaged as a result of the pursuit, regardless of whether the agency
would be liable under Chapter 101, Civil Practice and Remedies
Code. A payment for compensation under this subsection may not
exceed any of the following amounts:
(1) the net proceeds received from the sale of the
motor vehicle abandoned as a result of the pursuit;
(2) $1,000 per property owner, if more than one
property owner's property is damaged as a result of the pursuit; or
(3) the amount of the property owner's insurance
deductible.
(g) Before a law enforcement agency may compensate a
property owner under Subsection (f) using funds transferred to a
county under Subsection (d), the sheriff or constable must submit
the proposed payment for compensation for consideration at the next
regularly scheduled meeting of the commissioners court.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.