By: Plesa, et al. (Senate Sponsor - Hall) H.B. No. 2899
(In the Senate - Received from the House April 24, 2023;
April 24, 2023, read first time and referred to Committee on
Criminal Justice; May 4, 2023, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 5, Nays 0;
May 4, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 2899 By: Flores
A BILL TO BE ENTITLED
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. Section 42.03, Penal Code, is amended by adding
Subsection (g) to read as follows:
(g) A peace officer shall require a vehicle used in the
commission of an offense punishable under Subsection (d) or (e) to
be taken to the nearest licensed 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 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 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) 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.
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