By: Gonzalez Toureilles, King of Zavala H.B. No. 453
(Senate Sponsor - Hinojosa)
(In the Senate - Received from the House May 4, 2009;
May 6, 2009, read first time and referred to Committee on Criminal
Justice; May 20, 2009, reported favorably by the following vote:
Yeas 7, Nays 0; May 20, 2009, sent to printer.)
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 county 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, and the
commissioners court shall consider the proposed payment for
compensation, 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.
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