| 1 | 1 | | H.B. No. 2899 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the impoundment of a vehicle used in the commission of |
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| 6 | 6 | | the offense of racing on a highway or in the commission of certain |
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| 7 | 7 | | criminal conduct involving a reckless driving exhibition. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. The heading to Section 545.420, Transportation |
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| 10 | 10 | | Code, is amended to read as follows: |
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| 11 | 11 | | Sec. 545.420. RACING ON HIGHWAY; IMPOUNDMENT OF A VEHICLE. |
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| 12 | 12 | | SECTION 2. Section 545.420(i), Transportation Code, is |
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| 13 | 13 | | amended to read as follows: |
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| 14 | 14 | | (i) [This subsection applies only to a motor vehicle used in |
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| 15 | 15 | | the commission of an offense under this section that results in an |
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| 16 | 16 | | accident with property damage or personal injury.] A peace officer |
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| 17 | 17 | | shall require a [the] vehicle used in the commission of an offense |
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| 18 | 18 | | under Subsection (a) or an offense punishable under Section |
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| 19 | 19 | | 42.03(d) or (e), Penal Code, to be taken to the nearest licensed |
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| 20 | 20 | | vehicle storage facility unless the vehicle is seized as evidence, |
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| 21 | 21 | | in which case the vehicle may be taken to a storage facility as |
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| 22 | 22 | | designated by the peace officer involved. Notwithstanding Article |
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| 23 | 23 | | 18.23, Code of Criminal Procedure, the owner of a [motor] vehicle |
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| 24 | 24 | | that is removed or stored under this subsection is liable for all |
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| 25 | 25 | | removal and storage fees incurred and is not entitled to take |
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| 26 | 26 | | possession of the vehicle until those fees are paid. |
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| 27 | 27 | | SECTION 3. The changes in law made by this Act apply only to |
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| 28 | 28 | | an offense committed on or after the effective date of this Act. An |
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| 29 | 29 | | offense committed before the effective date of this Act is governed |
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| 30 | 30 | | by the law in effect on the date the offense was committed, and the |
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| 31 | 31 | | former law is continued in effect for that purpose. For purposes |
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| 32 | 32 | | of this section, an offense was committed before the effective date |
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| 33 | 33 | | of this Act if any element of the offense occurred before that date. |
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| 34 | 34 | | SECTION 4. This Act takes effect immediately if it receives |
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| 35 | 35 | | a vote of two-thirds of all the members elected to each house, as |
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| 36 | 36 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 37 | 37 | | Act does not receive the vote necessary for immediate effect, this |
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| 38 | 38 | | Act takes effect September 1, 2023. |
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| 39 | 39 | | ______________________________ ______________________________ |
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| 40 | 40 | | President of the Senate Speaker of the House |
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| 41 | 41 | | I certify that H.B. No. 2899 was passed by the House on April |
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| 42 | 42 | | 20, 2023, by the following vote: Yeas 143, Nays 3, 2 present, not |
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| 43 | 43 | | voting; and that the House concurred in Senate amendments to H.B. |
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| 44 | 44 | | No. 2899 on May 15, 2023, by the following vote: Yeas 115, Nays 27, |
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| 45 | 45 | | 2 present, not voting. |
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| 46 | 46 | | ______________________________ |
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| 47 | 47 | | Chief Clerk of the House |
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| 48 | 48 | | I certify that H.B. No. 2899 was passed by the Senate, with |
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| 49 | 49 | | amendments, on May 10, 2023, by the following vote: Yeas 29, Nays |
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| 50 | 50 | | 1. |
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| 51 | 51 | | ______________________________ |
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| 52 | 52 | | Secretary of the Senate |
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| 53 | 53 | | APPROVED: __________________ |
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| 54 | 54 | | Date |
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| 55 | 55 | | __________________ |
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| 56 | 56 | | Governor |
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