82R9512 AJZ-F
By: Hunter H.B. No. 3320
A BILL TO BE ENTITLED
AN ACT
relating to costs related to the towing and storage of a motor
vehicle for certain law enforcement purposes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 18.23, Code of Criminal Procedure, is
repealed.
SECTION 2. Section 2308.205(c), Occupations Code, is
amended to read as follows:
(c) Except as provided by this chapter[, Article 18.23, Code
of Criminal Procedure,] or Chapter 2303, a fee may not be charged or
collected without the prior written consent of the vehicle owner or
operator.
SECTION 3. Section 545.420(i), Transportation Code, is
amended to read as follows:
(i) This subsection applies only to a motor vehicle used in
the commission of an offense under this section that results in an
accident with property damage or personal injury. A peace officer
shall require the vehicle to be taken to the nearest licensed
vehicle storage facility unless the vehicle is seized as evidence,
in which case the vehicle may be taken to a storage facility as
designated by the peace officer involved. The [Notwithstanding
Article 18.23, Code of Criminal Procedure, the] owner of a motor
vehicle that is removed or stored under this subsection is liable
for all removal and storage fees incurred and is not entitled to
take possession of the vehicle until those fees are paid.
SECTION 4. The repeal by this Act of Article 18.23, Code of
Criminal Procedure, applies only to motor vehicle towing costs that
are incurred on or after the effective date of this Act and motor
vehicle storage costs that are incurred on or after the effective
date of this Act, regardless of the date on which the motor vehicle
was towed to a property for storage. Towing and storage costs
incurred before the effective date of this Act are covered by the
law in effect when the costs were incurred, and the former law is
continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2011.