Texas 2011 - 82nd Regular

Texas House Bill HB2686 Compare Versions

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1	1	82R6934 NAJ-D
2	2	By: Lucio III H.B. No. 2686
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the impoundment of a motor vehicle involved in an
8	8	accident if operated without financial responsibility.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 601, Transportation Code, is amended by
11	11	adding Subchapter O to read as follows:
12	12	SUBCHAPTER O. IMPOUNDMENT OF MOTOR VEHICLE INVOLVED IN ACCIDENT
13	13	Sec. 601.501. IMPOUNDMENT OF MOTOR VEHICLE. (a) A peace
14	14	officer shall impound the motor vehicle of a person who:
15	15	(1) operates the vehicle in violation of Section
16	16	601.051; and
17	17	(2) is involved in an accident in the vehicle.
18	18	(b) A peace officer who impounds a motor vehicle under
19	19	Subsection (a) shall issue the person a written explanation, on a
20	20	form designed by the law enforcement agency that employs the
21	21	officer, as to how the owner of the vehicle may recover the motor
22	22	vehicle from that law enforcement agency.
23	23	(c) In addition to the notice required under Subsection (b),
24	24	the law enforcement agency shall send notice of impoundment to:
25	25	(1) the last known registered owner of the vehicle if
26	26	the person operating the vehicle does not own the vehicle; and
27	27	(2) the lienholder recorded under Chapter 501 for the
28	28	vehicle if there is a lienholder for the vehicle.
29	29	(d) The law enforcement agency that impounds a motor vehicle
30	30	under Subsection (a) may release the vehicle to the owner of the
31	31	vehicle only if the owner:
32	32	(1) provides to the law enforcement agency evidence
33	33	consistent with:
34	34	(A) Section 601.053, showing that on the date the
35	35	vehicle was impounded, the motor vehicle was in compliance with
36	36	Section 601.051;
37	37	(B) Section 601.052, showing that on that date
38	38	the vehicle was exempt from the requirements of Section 601.051; or
39	39	(C) Section 601.053, showing that financial
40	40	responsibility for the vehicle has been obtained and is valid;
41	41	(2) claims the vehicle not later than the 60th day
42	42	after the date the vehicle is impounded; and
43	43	(3) pays for the cost of the impoundment.
44	44	(e) If the owner of the motor vehicle does not comply with
45	45	the requirements under Subsection (d) before the 61st day after the
46	46	date the vehicle is impounded and there is a lienholder recorded
47	47	under Chapter 501 for the vehicle, the law enforcement agency that
48	48	impounds the vehicle may release the vehicle to a person who:
49	49	(1) is shown as a lienholder on the vehicle's
50	50	certificate of title or is that lienholder's agent;
51	51	(2) presents an affidavit from an officer of the
52	52	lienholder establishing that the debt secured by the vehicle is in
53	53	default or has matured;
54	54	(3) provides evidence of financial responsibility;
55	55	and
56	56	(4) pays for the cost of the impoundment.
57	57	(f) Notwithstanding any other law, if a lienholder does not
58	58	take possession of the motor vehicle under Subsection (e), the
59	59	lienholder forfeits the lienholder's interest in the vehicle and
60	60	the law enforcement agency that impounds the vehicle may auction
61	61	the vehicle.
62	62	(g) If the owner of the motor vehicle does not comply with
63	63	the requirements under Subsection (d) before the 61st day after the
64	64	date the vehicle is impounded and there is no lienholder recorded
65	65	under Chapter 501 for the vehicle, the law enforcement agency that
66	66	impounds the vehicle may auction the vehicle.
67	67	SECTION 2. The change in law made by this Act applies only
68	68	to an offense committed on or after the effective date of this Act.
69	69	An offense committed before the effective date of this Act is
70	70	governed by the law in effect on the date the offense was committed,
71	71	and the former law is continued in effect for that purpose. For
72	72	purposes of this section, an offense was committed before the
73	73	effective date of this Act if any element of the offense occurred
74	74	before that date.
75	75	SECTION 3. This Act takes effect September 1, 2011.