Texas 2017 - 85th Regular

Texas House Bill HB1757 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R7926 JXC-D
2	2	By: Oliverson H.B. No. 1757
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the impoundment of a motor vehicle operated without
8	8	financial responsibility by a driver who does not have a driver's
9	9	license; authorizing a fee.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Subchapter I, Chapter 601,
12	12	Transportation Code, is amended to read as follows:
13	13	SUBCHAPTER I. FAILURE TO MAINTAIN EVIDENCE OF FINANCIAL
14	14	RESPONSIBILITY; IMPOUNDMENT OF MOTOR VEHICLE FOR MULTIPLE OFFENSES
15	15	SECTION 2. Chapter 601, Transportation Code, is amended by
16	16	adding Subchapter I-1 to read as follows:
17	17	SUBCHAPTER I-1. FAILURE TO MAINTAIN EVIDENCE OF FINANCIAL
18	18	RESPONSIBILITY; IMPOUNDMENT OF MOTOR VEHICLE OPERATED BY DRIVER
19	19	WITHOUT LICENSE
20	20	Sec. 601.271. IMPOUNDMENT OF MOTOR VEHICLE. (a) A peace
21	21	officer shall impound a motor vehicle detained by the officer
22	22	during a traffic stop if:
23	23	(1) the operator of the vehicle is in violation of
24	24	Section 601.051;
25	25	(2) the operator of the vehicle does not have in the
26	26	person's possession a driver's license valid at the time of the stop
27	27	that is the class of driver's license appropriate for the type of
28	28	vehicle operated;
29	29	(3) the officer is unable to determine whether the
30	30	operator has been issued a driver's license valid at the time of the
31	31	stop that is the class of driver's license appropriate for the type
32	32	of vehicle operated; and
33	33	(4) the officer determines that impounding the vehicle
34	34	will not place the operator or another person in immediate danger.
35	35	(b) A peace officer who impounds a motor vehicle under
36	36	Subsection (a) shall issue the person a written explanation, on a
37	37	form designed by the law enforcement agency that employs the
38	38	officer, as to how the owner of the vehicle may recover the vehicle
39	39	from that law enforcement agency.
40	40	(c) In addition to the notice required under Subsection (b),
41	41	the law enforcement agency shall send notice of impoundment to:
42	42	(1) the last known registered owner of the motor
43	43	vehicle if the person operating the vehicle does not own the
44	44	vehicle; and
45	45	(2) the lienholder recorded under Chapter 501 for the
46	46	motor vehicle if there is a lienholder for the vehicle.
47	47	Sec. 601.272. DURATION OF IMPOUNDMENT; RELEASE. (a) The
48	48	law enforcement agency that impounds a motor vehicle under this
49	49	subchapter may release the vehicle to the owner of the vehicle only
50	50	if the owner:
51	51	(1) provides to the law enforcement agency evidence
52	52	consistent with:
53	53	(A) Section 601.052, showing that on the date the
54	54	vehicle was impounded, the vehicle was exempt from the requirements
55	55	of Section 601.051;
56	56	(B) Section 601.053, showing that on that date
57	57	the vehicle was in compliance with Section 601.051; or
58	58	(C) Section 601.053, showing that financial
59	59	responsibility for the vehicle has been obtained and is valid;
60	60	(2) provides to the law enforcement agency evidence
61	61	that the owner possesses a driver's license appropriate for the
62	62	motor vehicle that is valid at the time the owner requests the
63	63	release;
64	64	(3) claims the vehicle not later than the 60th day
65	65	after the date the vehicle is impounded; and
66	66	(4) pays for the cost of the impoundment.
67	67	(b) If the owner of the motor vehicle does not comply with
68	68	the requirements under Subsection (a) before the 61st day after the
69	69	date the vehicle is impounded and there is a lienholder recorded
70	70	under Chapter 501 for the vehicle, the law enforcement agency that
71	71	impounds the vehicle may release the vehicle to a person who:
72	72	(1) is shown as a lienholder on the vehicle's
73	73	certificate of title or is that lienholder's agent; and
74	74	(2) presents an affidavit from an officer of the
75	75	lienholder establishing that the debt secured by the vehicle is in
76	76	default or has matured.
77	77	(c) Notwithstanding any other law, if a lienholder does not
78	78	take possession of the motor vehicle under Subsection (b), the
79	79	lienholder forfeits the lienholder's interest in the vehicle and
80	80	the law enforcement agency that impounds the vehicle may auction
81	81	the vehicle.
82	82	(d) If the owner of the motor vehicle does not comply with
83	83	the requirements under Subsection (a) before the 61st day after the
84	84	date the vehicle is impounded and there is no lienholder recorded
85	85	under Chapter 501 for the vehicle, the law enforcement agency that
86	86	impounds the vehicle may auction the vehicle.
87	87	SECTION 3. The change in law made by this Act applies only
88	88	to an offense committed on or after the effective date of this Act.
89	89	An offense committed before the effective date of this Act is
90	90	governed by the law in effect on the date the offense was committed,
91	91	and the former law is continued in effect for that purpose. For
92	92	purposes of this section, an offense was committed before the
93	93	effective date of this Act if any element of the offense occurred
94	94	before that date.
95	95	SECTION 4. This Act takes effect September 1, 2017.