82R17231 NAJ-D
By: Schwertner, Phillips H.B. No. 1047
Substitute the following for H.B. No. 1047:
By: Bonnen C.S.H.B. No. 1047
A BILL TO BE ENTITLED
AN ACT
relating to the impoundment of a motor vehicle if operated without
financial responsibility.
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) In this section, "owner of a vehicle" and "vehicle
storage facility" have the meanings assigned by Section 2303.002,
Occupations Code.
(b) A peace officer may impound the vehicle of a person who:
(1) is involved in a motor vehicle accident or is
stopped for an alleged violation of a local traffic ordinance, a
state traffic law, or any other law that applies to the operation of
a vehicle on a roadway; and
(2) operates a motor vehicle in violation of Section
601.051.
(c) A peace officer who impounds a motor vehicle under
Subsection (b) shall instruct the operator of the vehicle as to how
the owner of the vehicle may recover the motor vehicle from that law
enforcement agency or a vehicle storage facility authorized to
remove and store the vehicle by that law enforcement agency.
(d) The law enforcement agency or authorized vehicle
storage facility that impounds a motor vehicle under this section
may release the vehicle to the owner of the vehicle only if the
owner:
(1) provides to the law enforcement agency or
authorized vehicle storage facility 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 or
authorized vehicle storage facility a driver's license issued to
the owner of the vehicle; and
(3) pays all associated fees authorized under Chapters
2303 and 2308, Occupations Code.
(e) The law enforcement agency or authorized vehicle
storage facility that impounds a motor vehicle under this section
may release the vehicle to a person who is shown as a lienholder on
the vehicle's certificate of title only if the person:
(1) provides to the law enforcement agency or
authorized vehicle storage facility a statement from an officer of
the lienholder establishing that the obligation secured by the
vehicle is in default; and
(2) pays all associated fees authorized under Chapters
2303 and 2308, Occupations Code.
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.