82R11328 JXC-D
By: Kuempel H.B. No. 787
Substitute the following for H.B. No. 787:
By: Davis of Dallas C.S.H.B. No. 787
A BILL TO BE ENTITLED
AN ACT
relating to abandoned, wrecked, dismantled, discarded, and
inoperable aircraft and vessels.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.003, Parks and Wildlife Code, is
amended by adding Subdivision (17) to read as follows:
(17) "Abandoned vessel or outboard motor" means a
vessel or outboard motor that has remained on private property
without the consent of the owner or person in charge of the property
for more than seven consecutive days.
SECTION 2. Subchapter B-1, Chapter 31, Parks and Wildlife
Code, is amended by adding Section 31.0466 to read as follows:
Sec. 31.0466. TITLE FOR ABANDONED VESSEL; BOND. (a) A
person may apply for a certificate of title for an abandoned vessel
or outboard motor found on the person's property.
(b) The department may cancel the certificate for the
abandoned vessel or outboard motor and issue a new certificate to
the applicant if the applicant:
(1) executes and files a bond with the department:
(A) in the form prescribed by the department;
(B) issued by a person authorized to act as a
surety business in this state;
(C) in an amount equal to 1-1/2 times the value of
the abandoned vessel or outboard motor as determined by the
department; and
(D) conditioned to indemnify all prior owners and
lienholders and all subsequent purchasers of the abandoned vessel
or outboard motor or persons who acquire a security interest in the
vessel or outboard motor, and their successors in interest, against
any expense, loss, or damage, including reasonable attorney's fees,
resulting from:
(i) the issuance of the certificate of
title for the abandoned vessel or outboard motor; or
(ii) a defect in or undisclosed security
interest in the right, title, or interest of the applicant to or in
the abandoned vessel or outboard motor;
(2) proves to the satisfaction of the department that:
(A) the abandoned vessel or outboard motor is not
stolen;
(B) issuance of a certificate of title would not
defraud the owner or a lienholder of the abandoned vessel or
outboard motor;
(C) at least 30 days before the applicant applied
for the certificate, the applicant contacted the applicant's local
law enforcement agency through certified mail to report that the
vessel or outboard motor is abandoned; and
(D) the local law enforcement agency has not
taken the abandoned vessel or outboard motor into custody or
informed the applicant of the agency's intent to take the abandoned
vessel or outboard motor into custody; and
(3) posts notice of the certificate of title
application in the manner and for a period of time designated by
rule by the department.
(c) A person described by Subsection (b)(1)(D) has a right
of action to recover on the bond for a breach of a condition of the
bond described by Subsection (b)(1)(D). The aggregate liability of
the surety to all persons may not exceed the amount of the bond.
(d) A bond filed under this section expires on the third
anniversary of the date the bond became effective. The department
shall return an expired bond to the person who filed the bond unless
the department has been notified of a pending action to recover on
the bond.
(e) On return of a bond under Subsection (d), the department
shall issue a certificate of title to the person to whom the bond is
returned.
(f) If an abandoned vessel or outboard motor is not claimed
before the department issues a certificate of title under this
section, the owner or lienholder waives all rights and interests in
the abandoned vessel or outboard motor and consents to the
cancellation of the certificate for the abandoned vessel or
outboard motor.
(g) The applicant for the certificate of title for the
abandoned vessel or outboard motor takes title free and clear of all
liens and claims of ownership.
(h) In addition to the situation described by Subsection
(b)(2), the commission by rule may define acceptable situations in
which certificates of title may be issued after the filing of a bond
under this section.
(i) This section does not apply to a vessel or outboard
motor that is subject to a contract or lien under Chapter 59 or 70,
Property Code.
SECTION 3. 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 4. 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 5. Section 683.012, Transportation Code, is amended
by amending Subsections (a), (b), (c), and (d) and adding
Subsection (a-1) 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.
(a-1) A law enforcement agency that takes into custody an
aircraft shall contact the Federal Aviation Administration in the
manner described by Section 22.901 to attempt to identify the owner
of the aircraft before sending the notice required by Subsection
(a).
(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 6. 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 7. 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 with and receive a
certificate of title from the appropriate authority.
SECTION 8. 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 9. 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 10. Section 683.074, Transportation Code, is
amended by amending Subsection (f) and adding Subsection (h) to
read as follows:
(f) On receipt of notice of removal of a motor vehicle under
Subsection (b)(3), the department shall immediately cancel the
certificate of title issued for the vehicle.
(h) On receipt of notice of removal of a watercraft under
Subsection (b)(3), the department shall notify the Parks and
Wildlife Department of the removal. On receipt of the notice from
the department, the Parks and Wildlife Department shall immediately
cancel the certificate of title issued for the watercraft.
SECTION 11. 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 12. This Act takes effect September 1, 2011.