Texas 2011 - 82nd Regular

Texas House Bill HB787 Compare Versions

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1	1	By: Kuempel (Senate Sponsor - Wentworth) H.B. No. 787
2	2	(In the Senate - Received from the House April 26, 2011;
3	3	April 29, 2011, read first time and referred to Committee on
4	4	Transportation and Homeland Security; May 17, 2011, reported
5	5	favorably by the following vote: Yeas 6, Nays 0; May 17, 2011,
6	6	sent to printer.)
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to abandoned, wrecked, dismantled, discarded, and
12	12	inoperable aircraft and vessels.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 31.003, Parks and Wildlife Code, is
15	15	amended by adding Subdivision (17) to read as follows:
16	16	(17) "Abandoned vessel or outboard motor" means a
17	17	vessel or outboard motor that has remained on private property
18	18	without the consent of the owner or person in charge of the property
19	19	for more than seven consecutive days.
20	20	SECTION 2. Subchapter B-1, Chapter 31, Parks and Wildlife
21	21	Code, is amended by adding Section 31.0466 to read as follows:
22	22	Sec. 31.0466. TITLE FOR ABANDONED VESSEL; BOND. (a) A
23	23	person may apply for a certificate of title for an abandoned vessel
24	24	or outboard motor found on the person's property.
25	25	(b) The department may cancel the certificate for the
26	26	abandoned vessel or outboard motor and issue a new certificate to
27	27	the applicant if the applicant:
28	28	(1) executes and files a bond with the department:
29	29	(A) in the form prescribed by the department;
30	30	(B) issued by a person authorized to act as a
31	31	surety business in this state;
32	32	(C) in an amount equal to 1-1/2 times the value of
33	33	the abandoned vessel or outboard motor as determined by the
34	34	department; and
35	35	(D) conditioned to indemnify all prior owners and
36	36	lienholders and all subsequent purchasers of the abandoned vessel
37	37	or outboard motor or persons who acquire a security interest in the
38	38	vessel or outboard motor, and their successors in interest, against
39	39	any expense, loss, or damage, including reasonable attorney's fees,
40	40	resulting from:
41	41	(i) the issuance of the certificate of
42	42	title for the abandoned vessel or outboard motor; or
43	43	(ii) a defect in or undisclosed security
44	44	interest in the right, title, or interest of the applicant to or in
45	45	the abandoned vessel or outboard motor;
46	46	(2) proves to the satisfaction of the department that:
47	47	(A) the abandoned vessel or outboard motor is not
48	48	stolen;
49	49	(B) issuance of a certificate of title would not
50	50	defraud the owner or a lienholder of the abandoned vessel or
51	51	outboard motor;
52	52	(C) at least 30 days before the applicant applied
53	53	for the certificate, the applicant contacted the applicant's local
54	54	law enforcement agency through certified mail to report that the
55	55	vessel or outboard motor is abandoned; and
56	56	(D) the local law enforcement agency has not
57	57	taken the abandoned vessel or outboard motor into custody or
58	58	informed the applicant of the agency's intent to take the abandoned
59	59	vessel or outboard motor into custody; and
60	60	(3) posts notice of the certificate of title
61	61	application in the manner and for a period of time designated by
62	62	rule by the department.
63	63	(c) A person described by Subsection (b)(1)(D) has a right
64	64	of action to recover on the bond for a breach of a condition of the
65	65	bond described by Subsection (b)(1)(D). The aggregate liability of
66	66	the surety to all persons may not exceed the amount of the bond.
67	67	(d) A bond filed under this section expires on the third
68	68	anniversary of the date the bond became effective. The department
69	69	shall return an expired bond to the person who filed the bond unless
70	70	the department has been notified of a pending action to recover on
71	71	the bond.
72	72	(e) On return of a bond under Subsection (d), the department
73	73	shall issue a certificate of title to the person to whom the bond is
74	74	returned.
75	75	(f) If an abandoned vessel or outboard motor is not claimed
76	76	before the department issues a certificate of title under this
77	77	section, the owner or lienholder waives all rights and interests in
78	78	the abandoned vessel or outboard motor and consents to the
79	79	cancellation of the certificate for the abandoned vessel or
80	80	outboard motor.
81	81	(g) The applicant for the certificate of title for the
82	82	abandoned vessel or outboard motor takes title free and clear of all
83	83	liens and claims of ownership.
84	84	(h) In addition to the situation described by Subsection
85	85	(b)(2), the commission by rule may define acceptable situations in
86	86	which certificates of title may be issued after the filing of a bond
87	87	under this section.
88	88	(i) This section does not apply to a vessel or outboard
89	89	motor that is subject to a contract or lien under Chapter 59 or 70,
90	90	Property Code.
91	91	SECTION 3. Section 683.001, Transportation Code, is amended
92	92	by adding Subdivision (11) to read as follows:
93	93	(11) "Aircraft" has the meaning assigned by Section
94	94	24.001.
95	95	SECTION 4. Section 683.011, Transportation Code, is amended
96	96	to read as follows:
97	97	Sec. 683.011. AUTHORITY TO TAKE ABANDONED MOTOR VEHICLE
98	98	INTO CUSTODY. (a) A law enforcement agency may take into custody
99	99	an abandoned motor vehicle, aircraft, watercraft, or outboard motor
100	100	found on public or private property.
101	101	(b) A law enforcement agency may use agency personnel,
102	102	equipment, and facilities or contract for other personnel,
103	103	equipment, and facilities to remove, preserve, store, send notice
104	104	regarding, and dispose of an abandoned motor vehicle, aircraft,
105	105	watercraft, or outboard motor taken into custody by the agency
106	106	under this subchapter.
107	107	SECTION 5. Section 683.012, Transportation Code, is amended
108	108	by amending Subsections (a), (b), (c), and (d) and adding
109	109	Subsection (a-1) to read as follows:
110	110	(a) A law enforcement agency shall send notice of
111	111	abandonment to:
112	112	(1) the last known registered owner of each motor
113	113	vehicle, aircraft, watercraft, or outboard motor taken into custody
114	114	by the agency or for which a report is received under Section
115	115	683.031; and
116	116	(2) each lienholder recorded:
117	117	(A) under Chapter 501 for the motor vehicle;
118	118	(B) with the Federal Aviation Administration or
119	119	the secretary of state for the aircraft; or
120	120	(C) under Chapter 31, Parks and Wildlife Code,
121	121	for the watercraft or outboard motor.
122	122	(a-1) A law enforcement agency that takes into custody an
123	123	aircraft shall contact the Federal Aviation Administration in the
124	124	manner described by Section 22.901 to attempt to identify the owner
125	125	of the aircraft before sending the notice required by Subsection
126	126	(a).
127	127	(b) The notice under Subsection (a) must:
128	128	(1) be sent by certified mail not later than the 10th
129	129	day after the date the agency:
130	130	(A) takes the abandoned motor vehicle, aircraft,
131	131	watercraft, or outboard motor into custody; or
132	132	(B) receives the report under Section 683.031;
133	133	(2) specify the year, make, model, and identification
134	134	number of the item;
135	135	(3) give the location of the facility where the item is
136	136	being held;
137	137	(4) inform the owner and lienholder of the right to
138	138	claim the item not later than the 20th day after the date of the
139	139	notice on payment of:
140	140	(A) towing, preservation, and storage charges;
141	141	or
142	142	(B) garagekeeper's charges and fees under
143	143	Section 683.032 and, if the vehicle is a commercial motor vehicle
144	144	impounded under Section 644.153(q), the delinquent administrative
145	145	penalty and costs; and
146	146	(5) state that failure of the owner or lienholder to
147	147	claim the item during the period specified by Subdivision (4) is:
148	148	(A) a waiver by that person of all right, title,
149	149	and interest in the item; and
150	150	(B) consent to the sale of the item at a public
151	151	auction.
152	152	(c) Notice by publication in one newspaper of general
153	153	circulation in the area where the motor vehicle, aircraft,
154	154	watercraft, or outboard motor was abandoned is sufficient notice
155	155	under this section if:
156	156	(1) the identity of the last registered owner cannot
157	157	be determined;
158	158	(2) the registration has no address for the owner; or
159	159	(3) the determination with reasonable certainty of the
160	160	identity and address of all lienholders is impossible.
161	161	(d) Notice by publication:
162	162	(1) must be published in the same period that is
163	163	required by Subsection (b) for notice by certified mail and contain
164	164	all of the information required by that subsection; and
165	165	(2) may contain a list of more than one abandoned motor
166	166	vehicle, aircraft, watercraft, or outboard motor.
167	167	SECTION 6. Section 683.013, Transportation Code, is amended
168	168	to read as follows:
169	169	Sec. 683.013. STORAGE FEES. A law enforcement agency or the
170	170	agent of a law enforcement agency that takes into custody an
171	171	abandoned motor vehicle, aircraft, watercraft, or outboard motor is
172	172	entitled to reasonable storage fees:
173	173	(1) for not more than 10 days, beginning on the day the
174	174	item is taken into custody and ending on the day the required notice
175	175	is mailed; and
176	176	(2) beginning on the day after the day the agency mails
177	177	notice and ending on the day accrued charges are paid and the
178	178	vehicle, aircraft, watercraft, or outboard motor is removed.
179	179	SECTION 7. Sections 683.014(a) and (c), Transportation
180	180	Code, are amended to read as follows:
181	181	(a) If an abandoned motor vehicle, aircraft, watercraft, or
182	182	outboard motor is not claimed under Section 683.012:
183	183	(1) the owner or lienholder:
184	184	(A) waives all rights and interests in the item;
185	185	and
186	186	(B) consents to the sale of the item by public
187	187	auction or the transfer of the item, if a watercraft, as provided by
188	188	Subsection (d); and
189	189	(2) the law enforcement agency may sell the item at a
190	190	public auction, transfer the item, if a watercraft, as provided by
191	191	Subsection (d), or use the item as provided by Section 683.016.
192	192	(c) The purchaser of a motor vehicle, aircraft, watercraft,
193	193	or outboard motor:
194	194	(1) takes title free and clear of all liens and claims
195	195	of ownership;
196	196	(2) shall receive a sales receipt from the law
197	197	enforcement agency; and
198	198	(3) is entitled to register the motor vehicle,
199	199	aircraft, watercraft, or outboard motor with and receive a
200	200	certificate of title from the appropriate authority.
201	201	SECTION 8. Sections 683.015(a) and (c), Transportation
202	202	Code, are amended to read as follows:
203	203	(a) A law enforcement agency is entitled to reimbursement
204	204	from the proceeds of the sale of an abandoned motor vehicle,
205	205	aircraft, watercraft, or outboard motor for:
206	206	(1) the cost of the auction;
207	207	(2) towing, preservation, and storage fees resulting
208	208	from the taking into custody; and
209	209	(3) the cost of notice or publication as required by
210	210	Section 683.012.
211	211	(c) After the period provided by Subsection (b), proceeds
212	212	unclaimed by the owner or lienholder shall be deposited in an
213	213	account that may be used for the payment of auction, towing,
214	214	preservation, storage, and notice and publication fees resulting
215	215	from taking other vehicles, aircraft, watercraft, or outboard
216	216	motors into custody if the proceeds from the sale of the other items
217	217	are insufficient to meet those fees.
218	218	SECTION 9. Section 683.071, Transportation Code, is amended
219	219	to read as follows:
220	220	Sec. 683.071. DEFINITION AND APPLICABILITY. (a) In this
221	221	subchapter, "junked vehicle" means a vehicle that:
222	222	(1) is self-propelled; and[:
223	223	[(1) does not have lawfully attached to it:
224	224	[(A) an unexpired license plate; and
225	225	[(B) a valid motor vehicle inspection
226	226	certificate; and]
227	227	(2) is:
228	228	(A) wrecked, dismantled or partially dismantled,
229	229	or discarded; or
230	230	(B) inoperable and has remained inoperable for
231	231	more than:
232	232	(i) 72 consecutive hours, if the vehicle is
233	233	on public property; or
234	234	(ii) 30 consecutive days, if the vehicle is
235	235	on private property.
236	236	(b) For purposes of this subchapter, "junked vehicle"
237	237	includes a motor vehicle, aircraft, or watercraft. This subchapter
238	238	applies only to:
239	239	(1) a motor vehicle that does not have lawfully
240	240	attached to it:
241	241	(A) an unexpired license plate; and
242	242	(B) a valid motor vehicle inspection
243	243	certificate;
244	244	(2) an aircraft that does not have lawfully printed on
245	245	the aircraft an unexpired federal aircraft identification number
246	246	registered under Federal Aviation Administration aircraft
247	247	registration regulations in 14 C.F.R. Part 47; or
248	248	(3) a watercraft that:
249	249	(A) does not have lawfully on board an unexpired
250	250	certificate of number; and
251	251	(B) is not a watercraft described by Section
252	252	31.055, Parks and Wildlife Code.
253	253	SECTION 10. Section 683.074, Transportation Code, is
254	254	amended by amending Subsection (f) and adding Subsection (h) to
255	255	read as follows:
256	256	(f) On receipt of notice of removal of a motor vehicle under
257	257	Subsection (b)(3), the department shall immediately cancel the
258	258	certificate of title issued for the vehicle.
259	259	(h) On receipt of notice of removal of a watercraft under
260	260	Subsection (b)(3), the department shall notify the Parks and
261	261	Wildlife Department of the removal. On receipt of the notice from
262	262	the department, the Parks and Wildlife Department shall immediately
263	263	cancel the certificate of title issued for the watercraft.
264	264	SECTION 11. Section 683.076(d), Transportation Code, is
265	265	amended to read as follows:
266	266	(d) If the information is available at the location of the
267	267	nuisance, a resolution or order requiring removal of the nuisance
268	268	must include:
269	269	(1) for a motor vehicle, the vehicle's:
270	270	(A) [(1)] description;
271	271	(B) [(2)] vehicle identification number; and
272	272	(C) [(3)] license plate number;
273	273	(2) for an aircraft, the aircraft's:
274	274	(A) description; and
275	275	(B) federal aircraft identification number as
276	276	described by Federal Aviation Administration aircraft registration
277	277	regulations in 14 C.F.R. Part 47; and
278	278	(3) for a watercraft, the watercraft's:
279	279	(A) description; and
280	280	(B) identification number as set forth in the
281	281	watercraft's certificate of number.
282	282	SECTION 12. This Act takes effect September 1, 2011.
283	283	* * * * *