84R17306 JXC-D
By: Ashby, Flynn, et al. H.B. No. 533
Substitute the following for H.B. No. 533:
By: Workman C.S.H.B. No. 533
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; authorizing a fee.
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:
(1) "Owner of a vehicle" and "vehicle storage
facility" have the meanings assigned by Section 2303.002,
Occupations Code.
(2) "Towing company" has the meaning assigned by
Section 2308.002, Occupations Code.
Sec. 601.272. IMPOUNDMENT OF MOTOR VEHICLE. A peace officer
may impound or authorize a towing company to remove and a vehicle
storage facility to impound the motor vehicle of a person who the
peace officer determines:
(1) is involved in a motor vehicle accident or is
stopped for an alleged violation of a law that applies to the
operation of a motor vehicle on a roadway; and
(2) operated the motor vehicle in violation of Section
601.051 at the time of the accident or alleged violation described
by Subdivision (1).
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 provide the operator with
written instructions describing how the owner or operator of the
vehicle may recover the motor vehicle from the law enforcement
agency that employs the peace officer or the authorized vehicle
storage facility. The failure of a peace officer to provide the
written instructions does not affect the authority of the officer,
a towing company, or a vehicle storage facility to remove or impound
the motor vehicle.
(b) The law enforcement agency or authorized vehicle
storage facility that impounds a motor vehicle under Section
601.272 shall release the vehicle to the owner or operator of the
vehicle only if the owner or operator:
(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 an unexpired driver's license
or other form of identification approved by the Texas Commission of
Licensing and Regulation issued to the owner or operator of the
vehicle; and
(3) pays all fees imposed as 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 shall 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 imposed as authorized
under Chapters 2303 and 2308, Occupations Code.
(d) The law enforcement agency or authorized vehicle
storage facility that impounds a motor vehicle under Section
601.272 shall release the vehicle if, while the vehicle is
impounded:
(1) certificate of title to the vehicle is transferred
by:
(A) foreclosure;
(B) sale on execution;
(C) cancellation of a conditional sales
contract; or
(D) judicial order; and
(2) all fees imposed as authorized under Chapters 2303
and 2308, Occupations Code, are paid.
(e) This subsection applies only to an insurance company
that provides coverage for a person who may be liable for damage to
a motor vehicle that is impounded under Section 601.272. The law
enforcement agency or authorized vehicle storage facility that
impounded the motor vehicle shall:
(1) allow the insurance company to inspect the
impounded motor vehicle; and
(2) release the impounded motor vehicle to the
insurance company if the company:
(A) finds that the vehicle is a total loss;
(B) pays all fees imposed as authorized under
Chapters 2303 and 2308, Occupations Code; and
(C) obtains consent for the release from the
owner of the vehicle.
(f) Article 18.23, Code of Criminal Procedure, does not
apply to the impoundment of a motor vehicle under Section 601.272.
Sec. 601.274. AUTHORITY OF TEXAS COMMISSION OF LICENSING
AND REGULATION. The Texas Commission of Licensing and Regulation
may adopt rules necessary to implement this subchapter.
Sec. 601.275. PENALTIES CUMULATIVE. Impoundment of a motor
vehicle under this subchapter is in addition to any other
punishment imposed under this chapter.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act 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 the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 4. This Act takes effect September 1, 2015.