Texas House Bill HB453

Texas 2009 - 81st Regular

• Filed: 12/19/08
• Out of House Committee: 4/21/09
• Voted on by House: 5/2/09
• Out of Senate Committee: 5/20/09
• Voted on by Senate: 5/26/09
• Governor Action: 6/19/09
• Enrolled: 5/28/09
• Passed: 6/19/09

Caption

Relating to the use of auction proceeds from the sale of certain abandoned motor vehicles to compensate certain property owners.

Impact

With the enactment of HB 453, law enforcement agencies are granted the ability to use specific funds derived from auction proceeds to make compensatory payments to affected property owners. This amendment in Section 683.015 of the Texas Transportation Code reflects an important shift in how compensation for damages may be approached. It effectively allows for financial recourse for individuals who might otherwise be left without remedy due to traditional liability exempting law enforcement from damages incurred during pursuits.

Summary

House Bill 453 aims to modify the use of auction proceeds resulting from the sale of abandoned motor vehicles, watercraft, and outboard motors. The primary purpose of the bill is to allocate these proceeds to compensate property owners whose property has been damaged as a result of police pursuits involving law enforcement agencies. This inclusion is significant as it addresses the financial burden placed on property owners following incidents that are beyond their control, especially those stemming from law enforcement actions.

Contention

During discussions surrounding the bill, notable points of contention emerged regarding the potential implications for law enforcement accountability and the burden on public funds. Critics may argue that this provision permits law enforcement agencies to evade traditional liability standards set forth in Chapter 101 of the Civil Practice and Remedies Code. This criticism stems from concerns about the broader implications of allowing auction proceeds to fund compensation directly linked to law enforcement activities, which may lead to debates over policy transparency and responsibility.

Last_action

The latest action on HB 453 was recorded on June 19, 2009, indicating that it received the necessary support to become effective immediately. The clear intent behind this bill is to create a mechanism for property owners to receive compensation without necessarily having to navigate the complexities of pursuing legal action against the state or law enforcement agencies.