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