85R7926 JXC-D
By: Oliverson H.B. No. 1757
A BILL TO BE ENTITLED
AN ACT
relating to the impoundment of a motor vehicle operated without
financial responsibility by a driver who does not have a driver's
license; 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 OPERATED BY DRIVER
WITHOUT LICENSE
Sec. 601.271. IMPOUNDMENT OF MOTOR VEHICLE. (a) A peace
officer shall impound a motor vehicle detained by the officer
during a traffic stop if:
(1) the operator of the vehicle is in violation of
Section 601.051;
(2) the operator of the vehicle does not have in the
person's possession a driver's license valid at the time of the stop
that is the class of driver's license appropriate for the type of
vehicle operated;
(3) the officer is unable to determine whether the
operator has been issued a driver's license valid at the time of the
stop that is the class of driver's license appropriate for the type
of vehicle operated; and
(4) the officer determines that impounding the vehicle
will not place the operator or another person in immediate danger.
(b) A peace officer who impounds a motor vehicle under
Subsection (a) shall issue the person a written explanation, on a
form designed by the law enforcement agency that employs the
officer, as to how the owner of the vehicle may recover the vehicle
from that law enforcement agency.
(c) In addition to the notice required under Subsection (b),
the law enforcement agency shall send notice of impoundment to:
(1) the last known registered owner of the motor
vehicle if the person operating the vehicle does not own the
vehicle; and
(2) the lienholder recorded under Chapter 501 for the
motor vehicle if there is a lienholder for the vehicle.
Sec. 601.272. DURATION OF IMPOUNDMENT; RELEASE. (a) The
law enforcement agency that impounds a motor vehicle under this
subchapter may release the vehicle to the owner of the vehicle only
if the owner:
(1) provides to the law enforcement agency evidence
consistent with:
(A) Section 601.052, showing that on the date the
vehicle was impounded, the 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 evidence
that the owner possesses a driver's license appropriate for the
motor vehicle that is valid at the time the owner requests the
release;
(3) claims the vehicle not later than the 60th day
after the date the vehicle is impounded; and
(4) pays for the cost of the impoundment.
(b) If the owner of the motor vehicle does not comply with
the requirements under Subsection (a) before the 61st day after the
date the vehicle is impounded and there is a lienholder recorded
under Chapter 501 for the vehicle, the law enforcement agency that
impounds the vehicle may release the vehicle to a person who:
(1) is shown as a lienholder on the vehicle's
certificate of title or is that lienholder's agent; and
(2) presents an affidavit from an officer of the
lienholder establishing that the debt secured by the vehicle is in
default or has matured.
(c) Notwithstanding any other law, if a lienholder does not
take possession of the motor vehicle under Subsection (b), the
lienholder forfeits the lienholder's interest in the vehicle and
the law enforcement agency that impounds the vehicle may auction
the vehicle.
(d) If the owner of the motor vehicle does not comply with
the requirements under Subsection (a) before the 61st day after the
date the vehicle is impounded and there is no lienholder recorded
under Chapter 501 for the vehicle, the law enforcement agency that
impounds the vehicle may auction the vehicle.
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, 2017.