82R4163 JXC-D
By: Kuempel H.B. No. 787
A BILL TO BE ENTITLED
AN ACT
relating to abandoned, wrecked, dismantled, discarded, and
inoperable aircraft and watercraft.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 683.001, Transportation Code, is amended
by adding Subdivision (11) to read as follows:
(11) "Aircraft" has the meaning assigned by Section
24.001.
SECTION 2. Section 683.011, Transportation Code, is amended
to read as follows:
Sec. 683.011. AUTHORITY TO TAKE ABANDONED MOTOR VEHICLE
INTO CUSTODY. (a) A law enforcement agency may take into custody
an abandoned motor vehicle, aircraft, watercraft, or outboard motor
found on public or private property.
(b) A law enforcement agency may use agency personnel,
equipment, and facilities or contract for other personnel,
equipment, and facilities to remove, preserve, store, send notice
regarding, and dispose of an abandoned motor vehicle, aircraft,
watercraft, or outboard motor taken into custody by the agency
under this subchapter.
SECTION 3. Sections 683.012(a), (b), (c), and (d),
Transportation Code, are amended to read as follows:
(a) A law enforcement agency shall send notice of
abandonment to:
(1) the last known registered owner of each motor
vehicle, aircraft, watercraft, or outboard motor taken into custody
by the agency or for which a report is received under Section
683.031; and
(2) each lienholder recorded:
(A) under Chapter 501 for the motor vehicle;
(B) with the Federal Aviation Administration or
the secretary of state for the aircraft; or
(C) under Chapter 31, Parks and Wildlife Code,
for the watercraft or outboard motor.
(b) The notice under Subsection (a) must:
(1) be sent by certified mail not later than the 10th
day after the date the agency:
(A) takes the abandoned motor vehicle, aircraft,
watercraft, or outboard motor into custody; or
(B) receives the report under Section 683.031;
(2) specify the year, make, model, and identification
number of the item;
(3) give the location of the facility where the item is
being held;
(4) inform the owner and lienholder of the right to
claim the item not later than the 20th day after the date of the
notice on payment of:
(A) towing, preservation, and storage charges;
or
(B) garagekeeper's charges and fees under
Section 683.032 and, if the vehicle is a commercial motor vehicle
impounded under Section 644.153(q), the delinquent administrative
penalty and costs; and
(5) state that failure of the owner or lienholder to
claim the item during the period specified by Subdivision (4) is:
(A) a waiver by that person of all right, title,
and interest in the item; and
(B) consent to the sale of the item at a public
auction.
(c) Notice by publication in one newspaper of general
circulation in the area where the motor vehicle, aircraft,
watercraft, or outboard motor was abandoned is sufficient notice
under this section if:
(1) the identity of the last registered owner cannot
be determined;
(2) the registration has no address for the owner; or
(3) the determination with reasonable certainty of the
identity and address of all lienholders is impossible.
(d) Notice by publication:
(1) must be published in the same period that is
required by Subsection (b) for notice by certified mail and contain
all of the information required by that subsection; and
(2) may contain a list of more than one abandoned motor
vehicle, aircraft, watercraft, or outboard motor.
SECTION 4. Section 683.013, Transportation Code, is amended
to read as follows:
Sec. 683.013. STORAGE FEES. A law enforcement agency or the
agent of a law enforcement agency that takes into custody an
abandoned motor vehicle, aircraft, watercraft, or outboard motor is
entitled to reasonable storage fees:
(1) for not more than 10 days, beginning on the day the
item is taken into custody and ending on the day the required notice
is mailed; and
(2) beginning on the day after the day the agency mails
notice and ending on the day accrued charges are paid and the
vehicle, aircraft, watercraft, or outboard motor is removed.
SECTION 5. Sections 683.014(a) and (c), Transportation
Code, are amended to read as follows:
(a) If an abandoned motor vehicle, aircraft, watercraft, or
outboard motor is not claimed under Section 683.012:
(1) the owner or lienholder:
(A) waives all rights and interests in the item;
and
(B) consents to the sale of the item by public
auction or the transfer of the item, if a watercraft, as provided by
Subsection (d); and
(2) the law enforcement agency may sell the item at a
public auction, transfer the item, if a watercraft, as provided by
Subsection (d), or use the item as provided by Section 683.016.
(c) The purchaser of a motor vehicle, aircraft, watercraft,
or outboard motor:
(1) takes title free and clear of all liens and claims
of ownership;
(2) shall receive a sales receipt from the law
enforcement agency; and
(3) is entitled to register the motor vehicle,
aircraft, watercraft, or outboard motor and receive a certificate
of title.
SECTION 6. Sections 683.015(a) and (c), Transportation
Code, are amended to read as follows:
(a) A law enforcement agency is entitled to reimbursement
from the proceeds of the sale of an abandoned motor vehicle,
aircraft, watercraft, or outboard motor for:
(1) the cost of the auction;
(2) towing, preservation, and storage fees resulting
from the taking into custody; and
(3) the cost of notice or publication as required by
Section 683.012.
(c) After the period provided by Subsection (b), proceeds
unclaimed by the owner or lienholder shall be deposited in an
account that may be used for the payment of auction, towing,
preservation, storage, and notice and publication fees resulting
from taking other vehicles, aircraft, watercraft, or outboard
motors into custody if the proceeds from the sale of the other items
are insufficient to meet those fees.
SECTION 7. Section 683.071, Transportation Code, is amended
to read as follows:
Sec. 683.071. DEFINITION AND APPLICABILITY. (a) In this
subchapter, "junked vehicle" means a vehicle that:
(1) is self-propelled; and[:
[(1) does not have lawfully attached to it:
[(A) an unexpired license plate; and
[(B) a valid motor vehicle inspection
certificate; and]
(2) is:
(A) wrecked, dismantled or partially dismantled,
or discarded; or
(B) inoperable and has remained inoperable for
more than:
(i) 72 consecutive hours, if the vehicle is
on public property; or
(ii) 30 consecutive days, if the vehicle is
on private property.
(b) For purposes of this subchapter, "junked vehicle"
includes a motor vehicle, aircraft, or watercraft. This subchapter
applies only to:
(1) a motor vehicle that does not have lawfully
attached to it:
(A) an unexpired license plate; and
(B) a valid motor vehicle inspection
certificate;
(2) an aircraft that does not have lawfully printed on
the aircraft an unexpired federal aircraft identification number
registered under Federal Aviation Administration aircraft
registration regulations in 14 C.F.R. Part 47; or
(3) a watercraft that does not have lawfully on board
an unexpired certificate of number.
SECTION 8. Section 683.076(d), Transportation Code, is
amended to read as follows:
(d) If the information is available at the location of the
nuisance, a resolution or order requiring removal of the nuisance
must include:
(1) for a motor vehicle, the vehicle's:
(A) [(1)] description;
(B) [(2)] vehicle identification number; and
(C) [(3)] license plate number;
(2) for an aircraft, the aircraft's:
(A) description; and
(B) federal aircraft identification number as
described by Federal Aviation Administration aircraft registration
regulations in 14 C.F.R. Part 47; and
(3) for a watercraft, the watercraft's:
(A) description; and
(B) identification number as set forth in the
watercraft's certificate of number.
SECTION 9. This Act takes effect September 1, 2011.