Texas 2021 - 87th Regular

Texas Senate Bill SB1766 Compare Versions

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

Old	New	Differences
1	1	By: Hall S.B. No. 1766
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the impoundment of certain motor vehicles involved in
7	7	the commission of the offense of racing on a highway.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter I, Chapter 545, Transportation Code,
10	10	is amended to read as follows:
11	11	Sec. 545.420. RACING ON HIGHWAY. (a) A person may not
12	12	participate in any manner in:
13	13	(1) a race;
14	14	(2) a vehicle speed competition or contest;
15	15	(3) a drag race or acceleration contest;
16	16	(4) a test of physical endurance of the operator of a
17	17	vehicle; or
18	18	(5) in connection with a drag race, an exhibition of
19	19	vehicle speed or acceleration or to make a vehicle speed record.
20	20	(b) In this section:
21	21	(1) "Drag race" means the operation of:
22	22	(A) two or more vehicles from a point side by side
23	23	at accelerating speeds in a competitive attempt to outdistance each
24	24	other; or
25	25	(B) one or more vehicles over a common selected
26	26	course, from the same place to the same place, for the purpose of
27	27	comparing the relative speeds or power of acceleration of the
28	28	vehicle or vehicles in a specified distance or time.
29	29	(2) "Race" means the use of one or more vehicles in an
30	30	attempt to:
31	31	(A) outgain or outdistance another vehicle or
32	32	prevent another vehicle from passing;
33	33	(B) arrive at a given destination ahead of
34	34	another vehicle or vehicles; or
35	35	(C) test the physical stamina or endurance of an
36	36	operator over a long-distance driving route.
37	37	(c) [Blank]
38	38	(d) Except as provided by Subsections (e)-(h), an offense
39	39	under Subsection (a) is a Class B misdemeanor.
40	40	(e) An offense under Subsection (a) is a Class A misdemeanor
41	41	if it is shown on the trial of the offense that:
42	42	(1) the person has previously been convicted one time
43	43	of an offense under that subsection; or
44	44	(2) the person, at the time of the offense:
45	45	(A) was operating the vehicle while intoxicated,
46	46	as defined by Section 49.01, Penal Code; or
47	47	(B) was in possession of an open container, as
48	48	defined by Section 49.031, Penal Code.
49	49	(f) An offense under Subsection (a) is a state jail felony
50	50	if it is shown on the trial of the offense that the person has
51	51	previously been convicted two times of an offense under that
52	52	subsection.
53	53	(g) An offense under Subsection (a) is a felony of the third
54	54	degree if it is shown on the trial of the offense that as a result of
55	55	the offense, an individual suffered bodily injury.
56	56	(h) An offense under Subsection (a) is a felony of the
57	57	second degree if it is shown on the trial of the offense that as a
58	58	result of the offense, an individual suffered serious bodily injury
59	59	or death.
60	60	(i) This subsection applies only to a motor vehicle used in
61	61	the commission of an offense under this sections (f), (g) or (h) or
62	62	which the owner, driver or passenger has:
63	63	(A) used the vehicle in a prior street race or
64	64	reckless driving exhibition;
65	65	(B) used the motor vehicle in a street race or
66	66	reckless driving exhibition which resulted in property damage or
67	67	bodily injury to another;
68	68	(C) a previous misdemeanor conviction for
69	69	fleeing or attempting to elude a police officer pursuant to Texas
70	70	Transportation Code 545.421;
71	71	(D) a previous misdemeanor conviction for
72	72	reckless driving pursuant to Texas Transportation Code 545.401; or
73	73	(E) a previous misdemeanor or felony conviction
74	74	for racing on a highway pursuant to Texas Transportation Code
75	75	545.420
76	76	that results in an accident with property damage or
77	77	personal injury. A peace officer shall require the vehicle
78	78	to be taken to the nearest licensed vehicle storage facility
79	79	unless the vehicle is seized as evidence, in which case the
80	80	vehicle may be taken to a storage facility as designated by
81	81	the peace officer involved. Notwithstanding Article 18.23,
82	82	Code of Criminal Procedure, the owner of a motor vehicle that
83	83	is removed or stored under this subsection is liable for all
84	84	removal and storage fees incurred and is not entitled to take
85	85	possession of the vehicle until those fees are paid or proof
86	86	the vehicle was illegal obtained and used against the owners
87	87	knowledge requiring sworn statement and filing of charge in
88	88	accordance with Penal Code Section 31.07, Unauthorized Use of
89	89	a Motor Vehicle, in which case the driver will be responsible
90	90	for all vehicle removal and storage fees.
91	91	SECTION 2. This Act takes effect immediately if it receives
92	92	a vote of two-thirds of all the members elected to each house, as
93	93	provided by Section 39, Article III, Texas Constitution. If this
94	94	Act does not receive the vote necessary for immediate effect, this
95	95	Act takes effect September 1, 2021.