By: Schwertner S.B. No. 857
A BILL TO BE ENTITLED
AN ACT
relating to the authorized removal of certain motor vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 545.305, Transportation
Code, is amended to read as follows:
Sec. 545.305. AUTHORIZED REMOVAL OF CERTAIN MOTOR VEHICLES
[UNLAWFULLY STOPPED VEHICLE].
SECTION 2. Section 545.305(a), Transportation Code, is
amended to read as follows:
(a) A peace officer listed under Article 2A.001, Code of
Criminal Procedure, or a license and weight inspector of the
department may remove or require the operator or a person in charge
of a vehicle to move a vehicle from a highway if the vehicle:
(1) is unattended on a bridge, viaduct, or causeway or
in a tube or tunnel and the vehicle is obstructing traffic;
(2) is unlawfully parked and blocking the entrance to
a private driveway;
(3) has been reported as stolen;
(4) is identified as having been stolen in a warrant
issued on the filing of a complaint;
(5) is unattended and the officer has reasonable
grounds to believe that the vehicle has been abandoned for longer
than 48 hours;
(6) is disabled so that normal operation is impossible
or impractical and the owner or person in charge of the vehicle is:
(A) incapacitated and unable to provide for the
vehicle's removal or custody; or
(B) not in the immediate vicinity of the vehicle;
(7) is disabled so that normal operation is impossible
or impractical and the owner or person in charge of the vehicle does
not designate a particular towing or storage company;
(8) is operated by a person:
(A) an officer arrests for an alleged offense and
the officer is required by law to take the person into custody; or
(B) in violation of Section 521.021, 521.457,
601.191, or 729.002; or
(9) is, in the opinion of the officer, a hazard,
interferes with a normal function of a governmental agency, or
because of a catastrophe, emergency, or unusual circumstance is
imperiled.
SECTION 3. This Act takes effect September 1, 2025.