| 1 | 1 | | H.B. No. 548 |
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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 impoundment of certain motor vehicles involved in |
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| 6 | 6 | | the commission of the offense of racing on a highway. |
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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 545.420, Transportation Code, is amended |
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| 9 | 9 | | by adding Subsection (i) to read as follows: |
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| 10 | 10 | | (i) This subsection applies only to a motor vehicle used in |
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| 11 | 11 | | the commission of an offense under this section that results in an |
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| 12 | 12 | | accident with property damage or personal injury. A peace officer |
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| 13 | 13 | | shall require the vehicle to be taken to the nearest licensed |
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| 14 | 14 | | vehicle storage facility unless the vehicle is seized as evidence, |
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| 15 | 15 | | in which case the vehicle may be taken to a storage facility as |
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| 16 | 16 | | designated by the peace officer involved. Notwithstanding Article |
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| 17 | 17 | | 18.23, Code of Criminal Procedure, the owner of a motor vehicle that |
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| 18 | 18 | | is removed or stored under this subsection is liable for all removal |
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| 19 | 19 | | and storage fees incurred and is not entitled to take possession of |
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| 20 | 20 | | the vehicle until those fees are paid. |
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| 21 | 21 | | SECTION 2. The change in law made by this Act applies only |
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| 22 | 22 | | to an offense committed on or after the effective date of this Act. |
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| 23 | 23 | | An offense committed before the effective date of this Act is |
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| 24 | 24 | | covered by the law in effect immediately before the effective date |
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| 25 | 25 | | of this Act, and the former law is continued in effect for that |
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| 26 | 26 | | purpose. For purposes of this section, an offense was committed |
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| 27 | 27 | | before the effective date of this Act if any element of the offense |
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| 28 | 28 | | was committed before that date. |
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| 29 | 29 | | SECTION 3. This Act takes effect September 1, 2009. |
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| 30 | 30 | | ______________________________ ______________________________ |
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| 31 | 31 | | President of the Senate Speaker of the House |
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| 32 | 32 | | I certify that H.B. No. 548 was passed by the House on May 1, |
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| 33 | 33 | | 2009, by the following vote: Yeas 139, Nays 0, 1 present, not |
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| 34 | 34 | | voting; that the House refused to concur in Senate amendments to |
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| 35 | 35 | | H.B. No. 548 on May 29, 2009, and requested the appointment of a |
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| 36 | 36 | | conference committee to consider the differences between the two |
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| 37 | 37 | | houses; and that the House adopted the conference committee report |
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| 38 | 38 | | on H.B. No. 548 on May 31, 2009, by the following vote: Yeas 140, |
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| 39 | 39 | | Nays 0, 1 present, not voting. |
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| 40 | 40 | | ______________________________ |
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| 41 | 41 | | Chief Clerk of the House |
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| 42 | 42 | | I certify that H.B. No. 548 was passed by the Senate, with |
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| 43 | 43 | | amendments, on May 26, 2009, by the following vote: Yeas 31, Nays |
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| 44 | 44 | | 0; at the request of the House, the Senate appointed a conference |
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| 45 | 45 | | committee to consider the differences between the two houses; and |
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| 46 | 46 | | that the Senate adopted the conference committee report on H.B. No. |
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| 47 | 47 | | 548 on May 31, 2009, by the following vote: Yeas 31, Nays 0. |
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| 48 | 48 | | ______________________________ |
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| 49 | 49 | | Secretary of the Senate |
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| 50 | 50 | | APPROVED: __________________ |
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| 51 | 51 | | Date |
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| 52 | 52 | | __________________ |
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| 53 | 53 | | Governor |
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