Amend HB 43, committee report printing, as follows:
(1) On page 2, between lines 26 and 27, insert the
following:
SECTION 2. Subchapter J, Chapter 601, Transportation Code,
is amended to read as follows:
SUBCHAPTER J. IMPOUNDMENT OF MOTOR VEHICLE FOLLOWING ACCIDENT<NOT
REGISTERED IN THIS STATE>
Sec. 601.291. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to the owner or operator of a motor vehicle that <:
(1) is not registered in this state; and
(2)> is involved in a motor vehicle accident in this
state that results in bodily injury, death, or damage to the
property of one person to an apparent extent of at least $1,000
<$500>.
Sec. 601.292 DUTY TO PROVIDE EVIDENCE OF FINANCIAL
RESPONSIBILITY TO INVESTIGATING OFFICER. A person to whom this
subchapter applies shall provide evidence of financial
responsibility to a law enforcement officer of this state or a
political subdivision of this state who is conducting an
investigation of the accident.
Sec. 601.293. FAILURE TO PROVIDE EVIDENCE OF FINANCIAL
RESPONSIBILITY; <MAGISTRATE'S INQUIRY AND ORDER. (a) A person to
whom this subchapter applies who fails to provide evidence under
Section 601.292 shall be taken before a magistrate as soon as
practicable.
(b) The magistrate shall conduct an inquiry on the issues
of negligence and liability for bodily injury, death, or property
damage sustained in the accident.
(c) If the magistrate determines that there is a reasonable
possibility that a judgment will be rendered against the person for
bodily injury, death, or property damage sustained in the accident,
the magistrate shall order the person to provide:
(1) evidence of financial responsibility for the
bodily injury, death, or property damage; or
(2) evidence that the person is exempt from the
requirement of Section 601.051.
(d) A determination of negligence or liability under
Subsection (c) does not act as collateral estoppel on an issue in a
criminal or civil adjudication arising from the accident.
Sec. 601.294> IMPOUNDMENT OF MOTOR VEHICLE. If the <a>
person fails or refuses to <whom this subchapter applies does not>
provide evidence of financial responsibility as required by <under>
Section 601.053(a) <601.293 (c)>, the officer investigating the
accident <magistrate> shall direct that <enter an order directing
the sheriff of the county or the chief of police of the
municipality to impound> the motor vehicle owned or operated by the
person that was involved in the accident be impounded.
Sec. 601.294 <601.295>. DURATION OF IMPOUNDMENT<; RELEASE>.
(a) A motor vehicle impounded under Section 601.293 <601.294>
remains impounded until the owner, operator, or person authorized
by the owner applies <presents> to a justice of the peace in the
county in which the accident involving the vehicle occurred for
<the person authorized to> release of the vehicle <:
(1) a certificate of release obtained from the
department; and>
<(2) payment for the cost of impoundment>.
(b) The justice shall conduct an inquiry on the issues of
negligence and liability for bodily injury, death, or property
damage sustained in the accident <On presentation of the items
described by Subsection (a), the person authorized to release an
impounded motor vehicle shall release the vehicle>.
(c) If the justice determines that there is a reasonable
possibility that a judgment will be rendered against the person for
bodily injury, death, or property damage sustained in the accident,
the justice may not order the release of the vehicle unless the
person provides:
(1) evidence of financial responsibility under Section
601.053 that shows that at the time of the accident the vehicle was
in compliance with Section 601.051 or was exempt from the
requirement of Section 601.051;
(2) a release executed by each person damaged in the
accident other than the operator of the vehicle for which the
release is requested; or
(3) security in a form and amount determined by the
justice to secure the payment of damages for which the operator may
be liable.
(d) If the justice determines that the reasonable
possibility described by Subsection (c) does not exist, the justice
shall order that the vehicle be released.
(e) A determination of negligence or liability under
Subsection (c) or (d) does not act as collateral estoppel on an
issue in a criminal or civil adjudication arising from the
accident.
(f) A person may satisfy the requirement of Subsection
(c)(1) or (2) by submitting a photocopy of the item required.
(g) Security provided under Subsection (c)(3) is subject to
Sections 601.163 to 601.167.
Sec. 601.295. <601.296 CERTIFICATE OF RELEASE. (a) The
department shall issue a certificate of release of an impounded
motor vehicle to the owner, operator, or person authorized by the
owner on submission to the department of:>
<(1) evidence of financial responsibility under
Section 601.053 that shows that at the time of the accident the
vehicle was in compliance with Section 601.051 or was exempt from
the requirement of Section 601.051;>
<(2) a release executed by each person damaged in the
accident other than the operator of the vehicle for which the
certificate of release is requested; or>
<(3) security in a form and amount determined by the
department to secure the payment of damages for which the operator
may be liable.>
<(b) A person may satisfy the requirement of Subsection
(a)(1) or (2) by submitting a photocopy of the item required.>
<(c) The department shall adopt the form, content, and
procedures for issuance of a certificate of release.>
<(d) Security provided under this section is subject to
Sections 601.163 to 601.167.>
<Sec. 601.297.> LIABILITY FOR COST OF IMPOUNDMENT. The
owner of an impounded vehicle is liable for the costs of the
impoundment.
Sec. 601.296. TRANSFER OF TITLE OF IMPOUNDED MOTOR VEHICLE.
(a) To transfer title to a motor vehicle impounded under Section
601.293, the owner must apply to a justice of the peace in the
county in which the accident involving the motor vehicle occurred
for permission.
(b) If the justice finds that the transfer is being made in
good faith and is not being made to circumvent this chapter, the
justice shall approve the transfer.
Sec. 601.297. RELEASE ON INVOLUNTARY TRANSFER OF TITLE OF
IMPOUNDED MOTOR VEHICLE. Notwithstanding Section 601.294, a
justice of the peace in the county in which the accident involving
the motor vehicle occurred shall order the release of a motor
vehicle impounded under Section 601.293 if, while the vehicle is
impounded, title to the vehicle is transferred by:
(1) foreclosure;
(2) sale on execution;
(3) cancellation of a conditional sales contract; or
(4) judicial order.
Sec. 601.298. RELEASE OF IMPOUNDED MOTOR VEHICLE. A person
authorized to release a motor vehicle impounded under Section
601.293 shall release the vehicle to the person, or the authorized
agent of the person named in an order of release from a justice of
the peace, on presentation of the order and payment of the fee for
the impoundment.
(2) On page 2, line 27, strike "SECTION 2." and substitute
"SECTION 3.".
(3) On page 3, line 9, strike "SECTION 3." and substitute
"SECTION 4.".