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A BILL TO BE ENTITLED
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AN ACT
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relating to the impoundment of a motor vehicle operated without |
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financial responsibility and involved in an accident or traffic |
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violation; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter I, Chapter 601, |
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Transportation Code, is amended to read as follows: |
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SUBCHAPTER I. FAILURE TO MAINTAIN EVIDENCE OF FINANCIAL |
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RESPONSIBILITY; IMPOUNDMENT OF MOTOR VEHICLE FOR MULTIPLE OFFENSES |
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SECTION 2. Chapter 601, Transportation Code, is amended by |
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adding Subchapter I-1 to read as follows: |
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SUBCHAPTER I-1. FAILURE TO MAINTAIN EVIDENCE OF FINANCIAL |
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RESPONSIBILITY; IMPOUNDMENT OF MOTOR VEHICLE AFTER ACCIDENT OR |
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TRAFFIC VIOLATION |
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Sec. 601.271. DEFINITIONS. In this subchapter: |
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(1) "Owner of a vehicle" and "vehicle storage |
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facility" have the meanings assigned by Section 2303.002, |
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Occupations Code. |
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(2) "Towing company" has the meaning assigned by |
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Section 2308.002, Occupations Code. |
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Sec. 601.272. IMPOUNDMENT OF MOTOR VEHICLE. A peace officer |
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may impound or authorize a towing company to remove and a vehicle |
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storage facility to impound the motor vehicle of a person who the |
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peace officer determines: |
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(1) is involved in a motor vehicle accident or is |
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stopped for an alleged violation of a law that applies to the |
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operation of a motor vehicle on a roadway; and |
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(2) operated the motor vehicle in violation of Section |
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601.051 at the time of the accident or alleged violation described |
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by Subdivision (1). |
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Sec. 601.273. RELEASE OF IMPOUNDED MOTOR VEHICLE. (a) A |
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peace officer who impounds or authorizes the impoundment of a motor |
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vehicle under Section 601.272 shall instruct the operator of the |
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vehicle as to how the owner or operator of the vehicle may recover |
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the motor vehicle from the law enforcement agency that employs the |
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peace officer or the authorized vehicle storage facility. |
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(b) The law enforcement agency or authorized vehicle |
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storage facility that impounds a motor vehicle under Section |
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601.272 may release the vehicle to the owner or operator of the |
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vehicle only if the owner or operator: |
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(1) provides to the law enforcement agency or |
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authorized vehicle storage facility evidence consistent with: |
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(A) Section 601.052, showing that on the date the |
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vehicle was impounded, the motor vehicle was exempt from the |
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requirements of Section 601.051; |
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(B) Section 601.053, showing that on that date |
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the vehicle was in compliance with Section 601.051; or |
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(C) Section 601.053, showing that financial |
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responsibility for the vehicle has been obtained and is valid; |
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(2) provides to the law enforcement agency or |
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authorized vehicle storage facility a driver's license issued to |
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the owner or operator of the vehicle; and |
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(3) pays all fees imposed as authorized under Chapters |
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2303 and 2308, Occupations Code. |
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(c) The law enforcement agency or authorized vehicle |
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storage facility that impounds a motor vehicle under Section |
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601.272 may release the vehicle to a person who is shown as a |
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lienholder on the vehicle's certificate of title only if the |
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person: |
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(1) provides to the law enforcement agency or |
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authorized vehicle storage facility a statement from an officer of |
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the lienholder establishing that the obligation secured by the |
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vehicle is in default; and |
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(2) pays all associated fees imposed as authorized |
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under Chapters 2303 and 2308, Occupations Code. |
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(d) The law enforcement agency or authorized vehicle |
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storage facility that impounds a motor vehicle under Section |
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601.272 may release the vehicle if, while the vehicle is impounded: |
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(1) certificate of title to the vehicle is transferred |
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by: |
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(A) foreclosure; |
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(B) sale on execution; |
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(C) cancellation of a conditional sales |
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contract; or |
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(D) judicial order; and |
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(2) all fees imposed as authorized under Chapters 2303 |
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and 2308, Occupations Code, are paid. |
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Sec. 601.274. AUTHORITY OF TEXAS COMMISSION OF LICENSING |
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AND REGULATION. The Texas Commission of Licensing and Regulation |
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may adopt rules necessary to implement this subchapter. |
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Sec. 601.275. PENALTIES CUMULATIVE. Impoundment of a motor |
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vehicle under this subchapter is in addition to any other |
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punishment imposed under this chapter. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2015. |