Bill Text: TX HB533 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to the impoundment of a motor vehicle operated without financial responsibility and involved in an accident or traffic violation; authorizing a fee.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2015-04-21 - Committee report sent to Calendars [HB533 Detail]
Download: Texas-2015-HB533-Comm_Sub.html
84R17306 JXC-D | |||
By: Ashby, Flynn, et al. | H.B. No. 533 | ||
Substitute the following for H.B. No. 533: | |||
By: Workman | C.S.H.B. No. 533 |
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relating to the impoundment of a motor vehicle operated without | ||
financial responsibility and involved in an accident or traffic | ||
violation; authorizing a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Subchapter I, Chapter 601, | ||
Transportation Code, is amended to read as follows: | ||
SUBCHAPTER I. FAILURE TO MAINTAIN EVIDENCE OF FINANCIAL | ||
RESPONSIBILITY; IMPOUNDMENT OF MOTOR VEHICLE FOR MULTIPLE OFFENSES | ||
SECTION 2. Chapter 601, Transportation Code, is amended by | ||
adding Subchapter I-1 to read as follows: | ||
SUBCHAPTER I-1. FAILURE TO MAINTAIN EVIDENCE OF FINANCIAL | ||
RESPONSIBILITY; IMPOUNDMENT OF MOTOR VEHICLE AFTER ACCIDENT OR | ||
TRAFFIC VIOLATION | ||
Sec. 601.271. DEFINITIONS. In this subchapter: | ||
(1) "Owner of a vehicle" and "vehicle storage | ||
facility" have the meanings assigned by Section 2303.002, | ||
Occupations Code. | ||
(2) "Towing company" has the meaning assigned by | ||
Section 2308.002, Occupations Code. | ||
Sec. 601.272. IMPOUNDMENT OF MOTOR VEHICLE. A peace officer | ||
may impound or authorize a towing company to remove and a vehicle | ||
storage facility to impound the motor vehicle of a person who the | ||
peace officer determines: | ||
(1) is involved in a motor vehicle accident or is | ||
stopped for an alleged violation of a law that applies to the | ||
operation of a motor vehicle on a roadway; and | ||
(2) operated the motor vehicle in violation of Section | ||
601.051 at the time of the accident or alleged violation described | ||
by Subdivision (1). | ||
Sec. 601.273. RELEASE OF IMPOUNDED MOTOR VEHICLE. (a) A | ||
peace officer who impounds or authorizes the impoundment of a motor | ||
vehicle under Section 601.272 shall provide the operator with | ||
written instructions describing how the owner or operator of the | ||
vehicle may recover the motor vehicle from the law enforcement | ||
agency that employs the peace officer or the authorized vehicle | ||
storage facility. The failure of a peace officer to provide the | ||
written instructions does not affect the authority of the officer, | ||
a towing company, or a vehicle storage facility to remove or impound | ||
the motor vehicle. | ||
(b) The law enforcement agency or authorized vehicle | ||
storage facility that impounds a motor vehicle under Section | ||
601.272 shall release the vehicle to the owner or operator of the | ||
vehicle only if the owner or operator: | ||
(1) provides to the law enforcement agency or | ||
authorized vehicle storage facility evidence consistent with: | ||
(A) Section 601.052, showing that on the date the | ||
vehicle was impounded, the motor vehicle was exempt from the | ||
requirements of Section 601.051; | ||
(B) Section 601.053, showing that on that date | ||
the vehicle was in compliance with 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 or | ||
authorized vehicle storage facility an unexpired driver's license | ||
or other form of identification approved by the Texas Commission of | ||
Licensing and Regulation issued to the owner or operator of the | ||
vehicle; and | ||
(3) pays all fees imposed as authorized under Chapters | ||
2303 and 2308, Occupations Code. | ||
(c) The law enforcement agency or authorized vehicle | ||
storage facility that impounds a motor vehicle under Section | ||
601.272 shall release the vehicle to a person who is shown as a | ||
lienholder on the vehicle's certificate of title only if the | ||
person: | ||
(1) provides to the law enforcement agency or | ||
authorized vehicle storage facility a statement from an officer of | ||
the lienholder establishing that the obligation secured by the | ||
vehicle is in default; and | ||
(2) pays all associated fees imposed as authorized | ||
under Chapters 2303 and 2308, Occupations Code. | ||
(d) The law enforcement agency or authorized vehicle | ||
storage facility that impounds a motor vehicle under Section | ||
601.272 shall release the vehicle if, while the vehicle is | ||
impounded: | ||
(1) certificate of title to the vehicle is transferred | ||
by: | ||
(A) foreclosure; | ||
(B) sale on execution; | ||
(C) cancellation of a conditional sales | ||
contract; or | ||
(D) judicial order; and | ||
(2) all fees imposed as authorized under Chapters 2303 | ||
and 2308, Occupations Code, are paid. | ||
(e) This subsection applies only to an insurance company | ||
that provides coverage for a person who may be liable for damage to | ||
a motor vehicle that is impounded under Section 601.272. The law | ||
enforcement agency or authorized vehicle storage facility that | ||
impounded the motor vehicle shall: | ||
(1) allow the insurance company to inspect the | ||
impounded motor vehicle; and | ||
(2) release the impounded motor vehicle to the | ||
insurance company if the company: | ||
(A) finds that the vehicle is a total loss; | ||
(B) pays all fees imposed as authorized under | ||
Chapters 2303 and 2308, Occupations Code; and | ||
(C) obtains consent for the release from the | ||
owner of the vehicle. | ||
(f) Article 18.23, Code of Criminal Procedure, does not | ||
apply to the impoundment of a motor vehicle under Section 601.272. | ||
Sec. 601.274. AUTHORITY OF TEXAS COMMISSION OF LICENSING | ||
AND REGULATION. The Texas Commission of Licensing and Regulation | ||
may adopt rules necessary to implement this subchapter. | ||
Sec. 601.275. PENALTIES CUMULATIVE. Impoundment of a motor | ||
vehicle under this subchapter is in addition to any other | ||
punishment imposed under this chapter. | ||
SECTION 3. The change in law made by this Act applies 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 September 1, 2015. |