Texas 2015 - 84th Regular

Texas House Bill HB533 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R17306 JXC-D
2	2	By: Ashby, Flynn, et al. H.B. No. 533
3	3	Substitute the following for H.B. No. 533:
4	4	By: Workman C.S.H.B. No. 533
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the impoundment of a motor vehicle operated without
10	10	financial responsibility and involved in an accident or traffic
11	11	violation; authorizing a fee.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. The heading to Subchapter I, Chapter 601,
14	14	Transportation Code, is amended to read as follows:
15	15	SUBCHAPTER I. FAILURE TO MAINTAIN EVIDENCE OF FINANCIAL
16	16	RESPONSIBILITY; IMPOUNDMENT OF MOTOR VEHICLE FOR MULTIPLE OFFENSES
17	17	SECTION 2. Chapter 601, Transportation Code, is amended by
18	18	adding Subchapter I-1 to read as follows:
19	19	SUBCHAPTER I-1. FAILURE TO MAINTAIN EVIDENCE OF FINANCIAL
20	20	RESPONSIBILITY; IMPOUNDMENT OF MOTOR VEHICLE AFTER ACCIDENT OR
21	21	TRAFFIC VIOLATION
22	22	Sec. 601.271. DEFINITIONS. In this subchapter:
23	23	(1) "Owner of a vehicle" and "vehicle storage
24	24	facility" have the meanings assigned by Section 2303.002,
25	25	Occupations Code.
26	26	(2) "Towing company" has the meaning assigned by
27	27	Section 2308.002, Occupations Code.
28	28	Sec. 601.272. IMPOUNDMENT OF MOTOR VEHICLE. A peace officer
29	29	may impound or authorize a towing company to remove and a vehicle
30	30	storage facility to impound the motor vehicle of a person who the
31	31	peace officer determines:
32	32	(1) is involved in a motor vehicle accident or is
33	33	stopped for an alleged violation of a law that applies to the
34	34	operation of a motor vehicle on a roadway; and
35	35	(2) operated the motor vehicle in violation of Section
36	36	601.051 at the time of the accident or alleged violation described
37	37	by Subdivision (1).
38	38	Sec. 601.273. RELEASE OF IMPOUNDED MOTOR VEHICLE. (a) A
39	39	peace officer who impounds or authorizes the impoundment of a motor
40	40	vehicle under Section 601.272 shall provide the operator with
41	41	written instructions describing how the owner or operator of the
42	42	vehicle may recover the motor vehicle from the law enforcement
43	43	agency that employs the peace officer or the authorized vehicle
44	44	storage facility. The failure of a peace officer to provide the
45	45	written instructions does not affect the authority of the officer,
46	46	a towing company, or a vehicle storage facility to remove or impound
47	47	the motor vehicle.
48	48	(b) The law enforcement agency or authorized vehicle
49	49	storage facility that impounds a motor vehicle under Section
50	50	601.272 shall release the vehicle to the owner or operator of the
51	51	vehicle only if the owner or operator:
52	52	(1) provides to the law enforcement agency or
53	53	authorized vehicle storage facility evidence consistent with:
54	54	(A) Section 601.052, showing that on the date the
55	55	vehicle was impounded, the motor vehicle was exempt from the
56	56	requirements of Section 601.051;
57	57	(B) Section 601.053, showing that on that date
58	58	the vehicle was in compliance with Section 601.051; or
59	59	(C) Section 601.053, showing that financial
60	60	responsibility for the vehicle has been obtained and is valid;
61	61	(2) provides to the law enforcement agency or
62	62	authorized vehicle storage facility an unexpired driver's license
63	63	or other form of identification approved by the Texas Commission of
64	64	Licensing and Regulation issued to the owner or operator of the
65	65	vehicle; and
66	66	(3) pays all fees imposed as authorized under Chapters
67	67	2303 and 2308, Occupations Code.
68	68	(c) The law enforcement agency or authorized vehicle
69	69	storage facility that impounds a motor vehicle under Section
70	70	601.272 shall release the vehicle to a person who is shown as a
71	71	lienholder on the vehicle's certificate of title only if the
72	72	person:
73	73	(1) provides to the law enforcement agency or
74	74	authorized vehicle storage facility a statement from an officer of
75	75	the lienholder establishing that the obligation secured by the
76	76	vehicle is in default; and
77	77	(2) pays all associated fees imposed as authorized
78	78	under Chapters 2303 and 2308, Occupations Code.
79	79	(d) The law enforcement agency or authorized vehicle
80	80	storage facility that impounds a motor vehicle under Section
81	81	601.272 shall release the vehicle if, while the vehicle is
82	82	impounded:
83	83	(1) certificate of title to the vehicle is transferred
84	84	by:
85	85	(A) foreclosure;
86	86	(B) sale on execution;
87	87	(C) cancellation of a conditional sales
88	88	contract; or
89	89	(D) judicial order; and
90	90	(2) all fees imposed as authorized under Chapters 2303
91	91	and 2308, Occupations Code, are paid.
92	92	(e) This subsection applies only to an insurance company
93	93	that provides coverage for a person who may be liable for damage to
94	94	a motor vehicle that is impounded under Section 601.272. The law
95	95	enforcement agency or authorized vehicle storage facility that
96	96	impounded the motor vehicle shall:
97	97	(1) allow the insurance company to inspect the
98	98	impounded motor vehicle; and
99	99	(2) release the impounded motor vehicle to the
100	100	insurance company if the company:
101	101	(A) finds that the vehicle is a total loss;
102	102	(B) pays all fees imposed as authorized under
103	103	Chapters 2303 and 2308, Occupations Code; and
104	104	(C) obtains consent for the release from the
105	105	owner of the vehicle.
106	106	(f) Article 18.23, Code of Criminal Procedure, does not
107	107	apply to the impoundment of a motor vehicle under Section 601.272.
108	108	Sec. 601.274. AUTHORITY OF TEXAS COMMISSION OF LICENSING
109	109	AND REGULATION. The Texas Commission of Licensing and Regulation
110	110	may adopt rules necessary to implement this subchapter.
111	111	Sec. 601.275. PENALTIES CUMULATIVE. Impoundment of a motor
112	112	vehicle under this subchapter is in addition to any other
113	113	punishment imposed under this chapter.
114	114	SECTION 3. The change in law made by this Act applies only
115	115	to an offense committed on or after the effective date of this Act.
116	116	An offense committed before the effective date of this Act is
117	117	governed by the law in effect on the date the offense was committed,
118	118	and the former law is continued in effect for that purpose. For
119	119	purposes of this section, an offense was committed before the
120	120	effective date of this Act if any element of the offense occurred
121	121	before that date.
122	122	SECTION 4. This Act takes effect September 1, 2015.