Texas 2011 - 82nd Regular

Texas House Bill HB1047 Compare Versions

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Old	New	Differences
1	1	82R17231 NAJ-D
2	2	By: Schwertner, Phillips H.B. No. 1047
3	3	Substitute the following for H.B. No. 1047:
4	4	By: Bonnen C.S.H.B. No. 1047
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the impoundment of a motor vehicle if operated without
10	10	financial responsibility.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter C, Chapter 601, Transportation Code,
13	13	is amended by adding Section 601.0535 to read as follows:
14	14	Sec. 601.0535. IMPOUNDMENT OF MOTOR VEHICLE BY PEACE
15	15	OFFICER. (a) In this section, "owner of a vehicle" and "vehicle
16	16	storage facility" have the meanings assigned by Section 2303.002,
17	17	Occupations Code.
18	18	(b) A peace officer may impound the vehicle of a person who:
19	19	(1) is involved in a motor vehicle accident or is
20	20	stopped for an alleged violation of a local traffic ordinance, a
21	21	state traffic law, or any other law that applies to the operation of
22	22	a vehicle on a roadway; and
23	23	(2) operates a motor vehicle in violation of Section
24	24	601.051.
25	25	(c) A peace officer who impounds a motor vehicle under
26	26	Subsection (b) shall instruct the operator of the vehicle as to how
27	27	the owner of the vehicle may recover the motor vehicle from that law
28	28	enforcement agency or a vehicle storage facility authorized to
29	29	remove and store the vehicle by that law enforcement agency.
30	30	(d) The law enforcement agency or authorized vehicle
31	31	storage facility that impounds a motor vehicle under this section
32	32	may release the vehicle to the owner of the vehicle only if the
33	33	owner:
34	34	(1) provides to the law enforcement agency or
35	35	authorized vehicle storage facility evidence consistent with:
36	36	(A) Section 601.053, showing that on the date the
37	37	vehicle was impounded, the motor vehicle was in compliance with
38	38	Section 601.051;
39	39	(B) Section 601.052, showing that on that date
40	40	the vehicle was exempt from the requirements of Section 601.051; or
41	41	(C) Section 601.053, showing that financial
42	42	responsibility for the vehicle has been obtained and is valid;
43	43	(2) provides to the law enforcement agency or
44	44	authorized vehicle storage facility a driver's license issued to
45	45	the owner of the vehicle; and
46	46	(3) pays all associated fees authorized under Chapters
47	47	2303 and 2308, Occupations Code.
48	48	(e) The law enforcement agency or authorized vehicle
49	49	storage facility that impounds a motor vehicle under this section
50	50	may release the vehicle to a person who is shown as a lienholder on
51	51	the vehicle's certificate of title only if the person:
52	52	(1) provides to the law enforcement agency or
53	53	authorized vehicle storage facility a statement from an officer of
54	54	the lienholder establishing that the obligation secured by the
55	55	vehicle is in default; and
56	56	(2) pays all associated fees authorized under Chapters
57	57	2303 and 2308, Occupations Code.
58	58	SECTION 2. The change in law made by this Act applies only
59	59	to an offense committed on or after September 1, 2011. An offense
60	60	committed before September 1, 2011, is governed by the law in effect
61	61	on the date the offense was committed, and the former law is
62	62	continued in effect for that purpose. For purposes of this section,
63	63	an offense was committed before September 1, 2011, if any element of
64	64	the offense occurred before that date.
65	65	SECTION 3. This Act takes effect September 1, 2011.