| 1 | 1 | | H.B. No. 453 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the use of auction proceeds from the sale of certain |
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| 6 | 6 | | abandoned motor vehicles to compensate certain property owners. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 683.015, Transportation Code, is amended |
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| 9 | 9 | | by adding Subsections (f) and (g) to read as follows: |
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| 10 | 10 | | (f) A county law enforcement agency may use funds received |
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| 11 | 11 | | from the sale of a motor vehicle abandoned as a result of a |
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| 12 | 12 | | vehicular pursuit involving the law enforcement agency and |
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| 13 | 13 | | transferred under Subsection (d) to compensate property owners |
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| 14 | 14 | | whose property was damaged as a result of the pursuit, regardless of |
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| 15 | 15 | | whether the agency would be liable under Chapter 101, Civil |
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| 16 | 16 | | Practice and Remedies Code. A payment for compensation under this |
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| 17 | 17 | | subsection may not exceed any of the following amounts: |
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| 18 | 18 | | (1) the net proceeds received from the sale of the |
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| 19 | 19 | | motor vehicle abandoned as a result of the pursuit; |
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| 20 | 20 | | (2) $1,000 per property owner, if more than one |
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| 21 | 21 | | property owner's property is damaged as a result of the pursuit; or |
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| 22 | 22 | | (3) the amount of the property owner's insurance |
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| 23 | 23 | | deductible. |
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| 24 | 24 | | (g) Before a law enforcement agency may compensate a |
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| 25 | 25 | | property owner under Subsection (f) using funds transferred to a |
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| 26 | 26 | | county under Subsection (d), the sheriff or constable must submit |
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| 27 | 27 | | the proposed payment for compensation for consideration, and the |
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| 28 | 28 | | commissioners court shall consider the proposed payment for |
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| 29 | 29 | | compensation, at the next regularly scheduled meeting of the |
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| 30 | 30 | | commissioners court. |
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| 31 | 31 | | SECTION 2. This Act takes effect immediately if it receives |
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| 32 | 32 | | a vote of two-thirds of all the members elected to each house, as |
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| 33 | 33 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 34 | 34 | | Act does not receive the vote necessary for immediate effect, this |
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| 35 | 35 | | Act takes effect September 1, 2009. |
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| 36 | 36 | | ______________________________ ______________________________ |
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| 37 | 37 | | President of the Senate Speaker of the House |
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| 38 | 38 | | I certify that H.B. No. 453 was passed by the House on May 1, |
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| 39 | 39 | | 2009, by the following vote: Yeas 142, Nays 0, 1 present, not |
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| 40 | 40 | | voting. |
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| 41 | 41 | | ______________________________ |
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| 42 | 42 | | Chief Clerk of the House |
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| 43 | 43 | | I certify that H.B. No. 453 was passed by the Senate on May |
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| 44 | 44 | | 26, 2009, by the following vote: Yeas 31, Nays 0. |
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| 45 | 45 | | ______________________________ |
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| 46 | 46 | | Secretary of the Senate |
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| 47 | 47 | | APPROVED: _____________________ |
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| 48 | 48 | | Date |
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| 49 | 49 | | _____________________ |
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| 50 | 50 | | Governor |
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