| 1 | 1 | | By: Guillen, et al. (Senate Sponsor - Estes) H.B. No. 1931 |
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| 2 | 2 | | (In the Senate - Received from the House May 8, 2013; |
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| 3 | 3 | | May 9, 2013, read first time and referred to Committee on |
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| 4 | 4 | | Agriculture, Rural Affairs, and Homeland Security; May 15, 2013, |
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| 5 | 5 | | reported favorably by the following vote: Yeas 4, Nays 0; |
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| 6 | 6 | | May 15, 2013, sent to printer.) |
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| 7 | 7 | | |
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| 8 | 8 | | |
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| 9 | 9 | | A BILL TO BE ENTITLED |
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| 10 | 10 | | AN ACT |
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| 11 | 11 | | relating to compensation of property owners whose property is |
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| 12 | 12 | | damaged as a result of a pursuit involving a law enforcement agency. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Section 683.015, Transportation Code, is amended |
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| 15 | 15 | | by amending Subsections (d), (f), and (g) and adding Subsection (h) |
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| 16 | 16 | | to read as follows: |
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| 17 | 17 | | (d) A municipality or county may transfer funds in excess of |
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| 18 | 18 | | $1,000 from the account to the municipality's or county's general |
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| 19 | 19 | | revenue account to be used by the law enforcement agency or, if the |
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| 20 | 20 | | vehicle, aircraft, watercraft, or outboard motor was located in a |
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| 21 | 21 | | county with a population of less than 150,000, by the attorney |
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| 22 | 22 | | representing the state. |
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| 23 | 23 | | (f) A law enforcement agency or an attorney representing the |
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| 24 | 24 | | state may use funds transferred under Subsection (d) to compensate |
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| 25 | 25 | | property owners whose property was damaged as a result of a pursuit |
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| 26 | 26 | | involving a [the] law enforcement agency, regardless of whether the |
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| 27 | 27 | | agency would be liable under Chapter 101, Civil Practice and |
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| 28 | 28 | | Remedies Code. |
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| 29 | 29 | | (g) Before a law enforcement agency or an attorney |
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| 30 | 30 | | representing the state may compensate a property owner under |
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| 31 | 31 | | Subsection (f) using funds transferred to a county under Subsection |
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| 32 | 32 | | (d), the sheriff, [or] constable, or attorney representing the |
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| 33 | 33 | | state must submit the proposed payment for compensation for |
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| 34 | 34 | | consideration, and the commissioners court shall consider the |
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| 35 | 35 | | proposed payment for compensation, at the next regularly scheduled |
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| 36 | 36 | | meeting of the commissioners court. |
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| 37 | 37 | | (h) In this section, "attorney representing the state" |
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| 38 | 38 | | means a district attorney, criminal district attorney, or county |
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| 39 | 39 | | attorney performing the duties of a district attorney. |
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| 40 | 40 | | SECTION 2. This Act takes effect September 1, 2013. |
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| 41 | 41 | | * * * * * |
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