82R7212 NAJ-D
By: Schwertner H.B. No. 1047
A BILL TO BE ENTITLED
AN ACT
relating to the impoundment of a motor vehicle if operated without
financial responsibility and a driver's license.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 601, Transportation Code,
is amended by adding Section 601.0535 to read as follows:
Sec. 601.0535. IMPOUNDMENT OF MOTOR VEHICLE BY PEACE
OFFICER. (a) A peace officer may impound the vehicle of a person
who:
(1) operates a motor vehicle in violation of Section
601.051; and
(2) fails to display a driver's license to the officer
under Section 521.025.
(b) A peace officer who impounds a motor vehicle under
Subsection (a) shall issue the person a written explanation, on a
form designed by the law enforcement agency that employs the
officer, as to how the owner or operator of the vehicle may recover
the motor vehicle from that law enforcement agency.
(c) The law enforcement agency that impounds a motor vehicle
under Subsection (a) may release the vehicle to the owner or
operator of the vehicle only if the owner or operator:
(1) provides to the law enforcement agency evidence
consistent with:
(A) Section 601.053, showing that on the date the
vehicle was impounded, the motor vehicle was in compliance with
Section 601.051;
(B) Section 601.052, showing that on that date
the vehicle was exempt from the requirements of Section 601.051; or
(C) Section 601.053, showing that financial
responsibility for the vehicle has been obtained and is valid;
(2) provides to the law enforcement agency a driver's
license issued to that person; and
(3) pays for the cost of the impoundment.
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after September 1, 2011. An offense
committed before September 1, 2011, is governed by the law in effect
on the date the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section,
an offense was committed before September 1, 2011, if any element of
the offense occurred before that date.
SECTION 3. This Act takes effect September 1, 2011.