| 1 | 1 | | 82R9512 AJZ-F |
|---|
| 2 | 2 | | By: Hunter H.B. No. 3320 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to costs related to the towing and storage of a motor |
|---|
| 8 | 8 | | vehicle for certain law enforcement purposes. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Article 18.23, Code of Criminal Procedure, is |
|---|
| 11 | 11 | | repealed. |
|---|
| 12 | 12 | | SECTION 2. Section 2308.205(c), Occupations Code, is |
|---|
| 13 | 13 | | amended to read as follows: |
|---|
| 14 | 14 | | (c) Except as provided by this chapter[, Article 18.23, Code |
|---|
| 15 | 15 | | of Criminal Procedure,] or Chapter 2303, a fee may not be charged or |
|---|
| 16 | 16 | | collected without the prior written consent of the vehicle owner or |
|---|
| 17 | 17 | | operator. |
|---|
| 18 | 18 | | SECTION 3. Section 545.420(i), Transportation Code, is |
|---|
| 19 | 19 | | amended to read as follows: |
|---|
| 20 | 20 | | (i) This subsection applies only to a motor vehicle used in |
|---|
| 21 | 21 | | the commission of an offense under this section that results in an |
|---|
| 22 | 22 | | accident with property damage or personal injury. A peace officer |
|---|
| 23 | 23 | | shall require the vehicle to be taken to the nearest licensed |
|---|
| 24 | 24 | | vehicle storage facility unless the vehicle is seized as evidence, |
|---|
| 25 | 25 | | in which case the vehicle may be taken to a storage facility as |
|---|
| 26 | 26 | | designated by the peace officer involved. The [Notwithstanding |
|---|
| 27 | 27 | | Article 18.23, Code of Criminal Procedure, the] owner of a motor |
|---|
| 28 | 28 | | vehicle that is removed or stored under this subsection is liable |
|---|
| 29 | 29 | | for all removal and storage fees incurred and is not entitled to |
|---|
| 30 | 30 | | take possession of the vehicle until those fees are paid. |
|---|
| 31 | 31 | | SECTION 4. The repeal by this Act of Article 18.23, Code of |
|---|
| 32 | 32 | | Criminal Procedure, applies only to motor vehicle towing costs that |
|---|
| 33 | 33 | | are incurred on or after the effective date of this Act and motor |
|---|
| 34 | 34 | | vehicle storage costs that are incurred on or after the effective |
|---|
| 35 | 35 | | date of this Act, regardless of the date on which the motor vehicle |
|---|
| 36 | 36 | | was towed to a property for storage. Towing and storage costs |
|---|
| 37 | 37 | | incurred before the effective date of this Act are covered by the |
|---|
| 38 | 38 | | law in effect when the costs were incurred, and the former law is |
|---|
| 39 | 39 | | continued in effect for that purpose. |
|---|
| 40 | 40 | | SECTION 5. This Act takes effect September 1, 2011. |
|---|