83R2379 JXC-D
By: Kleinschmidt H.B. No. 583
A BILL TO BE ENTITLED
AN ACT
relating to the impoundment of a motor vehicle operated without
financial responsibility and involved in an accident or traffic
violation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter I, Chapter 601,
Transportation Code, is amended to read as follows:
SUBCHAPTER I. FAILURE TO MAINTAIN EVIDENCE OF FINANCIAL
RESPONSIBILITY; IMPOUNDMENT OF MOTOR VEHICLE FOR MULTIPLE OFFENSES
SECTION 2. Chapter 601, Transportation Code, is amended by
adding Subchapter I-1 to read as follows:
SUBCHAPTER I-1. FAILURE TO MAINTAIN EVIDENCE OF FINANCIAL
RESPONSIBILITY; IMPOUNDMENT OF MOTOR VEHICLE AFTER ACCIDENT OR
TRAFFIC VIOLATION
Sec. 601.271. DEFINITIONS. In this subchapter, "owner of a
vehicle" and "vehicle storage facility" have the meanings assigned
by Section 2303.002, Occupations Code.
Sec. 601.272. IMPOUNDMENT OF MOTOR VEHICLE. A peace officer
may impound or authorize a vehicle storage facility to remove and
impound the vehicle of a person who:
(1) is involved in a motor vehicle accident or is
stopped for an alleged violation of a local traffic ordinance, a
state traffic law, or any other law that applies to the operation of
a vehicle on a roadway; and
(2) operates a motor vehicle in violation of Section
601.051.
Sec. 601.273. RELEASE OF IMPOUNDED MOTOR VEHICLE. (a) A
peace officer who impounds or authorizes the impoundment of a motor
vehicle under Section 601.272 shall instruct the operator of the
vehicle as to how the owner of the vehicle may recover the motor
vehicle from the law enforcement agency that employs the peace
officer or the authorized vehicle storage facility.
(b) The law enforcement agency or authorized vehicle
storage facility that impounds a motor vehicle under Section
601.272 may release the vehicle to the owner of the vehicle only if
the owner:
(1) provides to the law enforcement agency or
authorized vehicle storage facility evidence consistent with:
(A) Section 601.052, showing that on the date the
vehicle was impounded, the motor vehicle was exempt from the
requirements of Section 601.051;
(B) Section 601.053, showing that on that date
the vehicle was in compliance with Section 601.051; or
(C) Section 601.053, showing that financial
responsibility for the vehicle has been obtained and is valid;
(2) provides to the law enforcement agency or
authorized vehicle storage facility a driver's license issued to
the owner of the vehicle; and
(3) pays all associated fees authorized under Chapters
2303 and 2308, Occupations Code.
(c) The law enforcement agency or authorized vehicle
storage facility that impounds a motor vehicle under Section
601.272 may release the vehicle to a person who is shown as a
lienholder on the vehicle's certificate of title only if the
person:
(1) provides to the law enforcement agency or
authorized vehicle storage facility a statement from an officer of
the lienholder establishing that the obligation secured by the
vehicle is in default; and
(2) pays all associated fees authorized under Chapters
2303 and 2308, Occupations Code.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after September 1, 2013. An offense
committed before September 1, 2013, is governed by the law in effect
on the date the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section,
an offense was committed before September 1, 2013, if any element of
the offense occurred before that date.
SECTION 4. This Act takes effect September 1, 2013.