| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the impoundment of a motor vehicle if operated without |
|
|
financial responsibility and a driver's license. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter C, Chapter 601, Transportation Code, |
|
|
is amended by adding Section 601.0535 to read as follows: |
|
|
Sec. 601.0535. IMPOUNDMENT OF MOTOR VEHICLE BY PEACE |
|
|
OFFICER. (a) A peace officer may impound the vehicle of a person |
|
|
who: |
|
|
(1) operates a motor vehicle in violation of Section |
|
|
601.051; and |
|
|
(2) fails to display a driver's license to the officer |
|
|
under Section 521.025. |
|
|
(b) A peace officer who impounds a motor vehicle under |
|
|
Subsection (a) shall issue the person a written explanation, on a |
|
|
form designed by the law enforcement agency that employs the |
|
|
officer, as to how the owner or operator of the vehicle may recover |
|
|
the motor vehicle from that law enforcement agency. |
|
|
(c) The law enforcement agency that impounds a motor vehicle |
|
|
under Subsection (a) may release the vehicle to the owner or |
|
|
operator of the vehicle only if the owner or operator: |
|
|
(1) provides to the law enforcement agency evidence |
|
|
consistent with: |
|
|
(A) Section 601.053, showing that on the date the |
|
|
vehicle was impounded, the motor vehicle was in compliance with |
|
|
Section 601.051; |
|
|
(B) Section 601.052, showing that on that date |
|
|
the vehicle was exempt from the requirements of Section 601.051; or |
|
|
(C) Section 601.053, showing that financial |
|
|
responsibility for the vehicle has been obtained and is valid; |
|
|
(2) provides to the law enforcement agency a driver's |
|
|
license issued to that person; and |
|
|
(3) pays for the cost of the impoundment. |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to an offense committed on or after September 1, 2011. An offense |
|
|
committed before September 1, 2011, 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 September 1, 2011, if any element of |
|
|
the offense occurred before that date. |
|
|
SECTION 3. This Act takes effect September 1, 2011. |