By Goolsby H.B. No. 1656
74R5835 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the impoundment of a motor vehicle operated by a person
1-3 who is unable to furnish evidence of financial responsibility for
1-4 the vehicle.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article I, Texas Motor Vehicle
1-7 Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
1-8 Statutes), is amended by adding Section 1J to read as follows:
1-9 Sec. 1J. IMPOUNDMENT OF MOTOR VEHICLE WITHOUT EVIDENCE OF
1-10 FINANCIAL RESPONSIBILITY. (a) If under Section 1B of this Act, a
1-11 person is unable to furnish evidence of financial responsibility to
1-12 a law enforcement officer, that officer shall:
1-13 (1) have the motor vehicle being operated by the
1-14 person moved and placed in a vehicle storage facility designated or
1-15 maintained by the law enforcement agency that employs the officer;
1-16 and
1-17 (2)(A) if the operator of the motor vehicle is the
1-18 owner of the vehicle, provide the operator of the vehicle with a
1-19 written notice that:
1-20 (i) informs the operator of the name,
1-21 address, and telephone number of the vehicle storage facility;
1-22 (ii) explains the owner's rights under
1-23 Article 6701g-3, Revised Statutes; and
1-24 (iii) includes a statement in boldfaced
2-1 type that the vehicle may not be released from the vehicle storage
2-2 facility unless financial responsibility is established for the
2-3 vehicle for the period ending 180 days after the date the vehicle
2-4 is placed in the vehicle storage facility; or
2-5 (B) if the operator of the motor vehicle is not
2-6 the owner of the vehicle, send the written notice prescribed by
2-7 Subdivision (2) of this subsection to the owner at the address
2-8 shown on the motor vehicle registration records of the Texas
2-9 Department of Transportation, or analogous department of the state
2-10 in which the motor vehicle is registered, no later than the third
2-11 working day after the date the vehicle is placed in the vehicle
2-12 storage facility, by certified mail with return receipt requested.
2-13 (b) A motor vehicle placed in a vehicle storage facility
2-14 under this section may be released only if financial responsibility
2-15 for the vehicle is established as follows:
2-16 (1) if the owner cannot show evidence of financial
2-17 responsibility for the vehicle on the date that the vehicle was
2-18 moved by the officer, the owner must show evidence of financial
2-19 responsibility for the period ending 160 days after the date
2-20 release from the vehicle storage facility is sought; or
2-21 (2) if the owner shows evidence of financial
2-22 responsibility on the date the vehicle was moved by the officer,
2-23 the owner must show evidence of financial responsibility for the
2-24 period ending 30 days after the date release from the motor vehicle
2-25 storage facility is sought.
2-26 (c) In this section, "vehicle storage facility" has the
2-27 meaning assigned by the Vehicle Storage Facility Act (Article
3-1 6687-9a, Revised Statutes).
3-2 SECTION 2. Section 3, Article 6701g-3, Revised Statutes, is
3-3 amended by amending Subsection (a) and adding Subsection (a-1) to
3-4 read as follows:
3-5 (a) Except as provided by Subsection (a-1) of this section,
3-6 a <A> person entitled to a hearing under this article must deliver
3-7 a written request for the hearing to the court before the sixth day
3-8 after the date the vehicle was placed in the vehicle storage
3-9 facility. In computing time under this subsection, Saturdays,
3-10 Sundays, and legal holidays are excluded. A person who fails to
3-11 deliver the request within the specified time period waives the
3-12 right to the hearing.
3-13 (a-1) A person must deliver the written request for a
3-14 hearing before the 11th day after the date the vehicle was placed
3-15 in the vehicle storage facility if:
3-16 (1) the motor vehicle was placed in a vehicle storage
3-17 facility under Section 1J(a)(1), Texas Motor Vehicle
3-18 Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
3-19 Statutes); and
3-20 (2) the owner of the vehicle was mailed notice under
3-21 Subsection (a)(2)(B) of that section.
3-22 SECTION 3. Article 6701g-3, Revised Statutes, is amended by
3-23 adding Section 6 to read as follows:
3-24 Sec. 6. EVIDENCE OF FINANCIAL RESPONSIBILITY. If the court
3-25 determines that probable cause existed under Section 1J(a), Texas
3-26 Motor Vehicle Safety-Responsibility Act (Article 6701h, Vernon's
3-27 Texas Civil Statutes), to have the motor vehicle placed in the
4-1 vehicle storage facility, in addition to paying the costs of
4-2 removing and storing the motor vehicle, to obtain the release of
4-3 the vehicle, a person must provide the court with one of the
4-4 documents listed in Section 1B of that Act that shows that
4-5 financial responsibility for the motor vehicle has been established
4-6 for the applicable period described by Section 1J(b), Texas Motor
4-7 Vehicle Safety-Responsibility Act (Article 6701h, Vernon's Texas
4-8 Civil Statutes).
4-9 SECTION 4. This Act takes effect September 1, 1995. The
4-10 changes in law made by Sections 2 and 3 of this Act apply only to a
4-11 vehicle that is placed in a vehicle storage facility on or after
4-12 that date.
4-13 SECTION 5. The importance of this legislation and the
4-14 crowded condition of the calendars in both houses create an
4-15 emergency and an imperative public necessity that the
4-16 constitutional rule requiring bills to be read on three several
4-17 days in each house be suspended, and this rule is hereby suspended.