H.B. No. 2899
AN ACT
relating to the impoundment of a vehicle used in the commission of
the offense of racing on a highway or in the commission of certain
criminal conduct involving a reckless driving exhibition.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 545.420, Transportation
Code, is amended to read as follows:
Sec. 545.420. RACING ON HIGHWAY; IMPOUNDMENT OF A VEHICLE.
SECTION 2. Section 545.420(i), Transportation Code, is
amended to read as follows:
(i) [This subsection applies only to a motor vehicle used in
the commission of an offense under this section that results in an
accident with property damage or personal injury.] A peace officer
shall require a [the] vehicle used in the commission of an offense
under Subsection (a) or an offense punishable under Section
42.03(d) or (e), Penal Code, to be taken to the nearest licensed
vehicle storage facility unless the vehicle is seized as evidence,
in which case the vehicle may be taken to a storage facility as
designated by the peace officer involved. Notwithstanding Article
18.23, Code of Criminal Procedure, the owner of a [motor] vehicle
that is removed or stored under this subsection is liable for all
removal and storage fees incurred and is not entitled to take
possession of the vehicle until those fees are paid.
SECTION 3. The changes in law made by this Act apply 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 immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2899 was passed by the House on April
20, 2023, by the following vote: Yeas 143, Nays 3, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2899 on May 15, 2023, by the following vote: Yeas 115, Nays 27,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2899 was passed by the Senate, with
amendments, on May 10, 2023, by the following vote: Yeas 29, Nays
1.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor