BILL ANALYSIS



S.B. 896
By: Nelson (Uher)
05-05-95
Committee Report (Amended)


BACKGROUND

Currently, a motor vehicle left inoperable or unattended on a
county, state or federal highway is not considered "abandoned" and
subject to removal by police agencies until after 48 hours.

PURPOSE

As proposed, S.B. 896 redefines "abandoned motor vehicle," to
include vehicles unattended for more than 12 hours on a controlled
access highway.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 5.01(2), Article 4477-9a, V.T.C.S., to
redefine "abandoned motor vehicle" by including a vehicle which is
unattended for more than 12 hours on a controlled access highway,
as defined by Section 13, Article 6701d, V.T.C.S.

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 1995.

SECTION 4. Emergency clause.

EXPLANATION OF AMENDMENTS

Committee Amendment #1 amends line 16 of S.B. 896 by changing "12
hours" to "24 hours".  This amendment would lower the amount of
time that an abandoned vehicle can sit unattended on a state
highway from 48 hours to 24 hours before it could be impounded by
law enforcement.

SUMMARY OF COMMITTEE ACTION

Pursuant to a public notice posted on April 28, 1995, at 4:58 p.m.,
the House Committee on Transportation met in a public hearing on
Wednesday, May 3, 1995, at 2:00 p.m., or upon adjournment, in Room
E1.014 of the Capitol Extension and was called to order at 5:53
p.m. by the Chair, Representative Clyde Alexander.  The five day
posting rule was suspended from the House floor to take up and
consider S.C.R 78, in addition to the regular order of business. 
The Chair laid out S.B. 896 and recognized Representative Alexander
to explain S.B. 896.  The Chair recognized the following person who
testified in support of S.B. 896.  Tom Martin, Texas Police Chiefs
Association.  There were no witnesses testifying in opposition to
S.B. 896.  The Chair left S.B. 896 pending before the Committee. 
Pursuant to a public notice announced from the House Floor on May
5, 1995, in accordance with House Rules, the House Committee on
Transportation met in a formal meeting on the House Floor, at Desk
22, on Friday, May 5, 1995, and was called to order by the
Chairman, Representative Clyde Alexander at 12:39 p.m.  The Chair
laid out S.B. 896 by Nelson, which was pending before the
committee.  Representative Uher laid out Committee amendment #1,
and without objection, committee amendment #1 was adopted. 
Representative Bosse moved that the committee report S.B. 896, as
amended, to the full House with the recommendation that it do pass. 
The motion prevailed by the following vote:  Ayes (7), Nayes (0),
Absent (2), Present not voting (0).