By Merritt H.B. No. 1271
75R3336 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to junked vehicles and the civil and criminal consequences
1-3 of maintaining a public nuisance that consists of a junked vehicle.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 683.071, Transportation Code, is amended
1-6 to read as follows:
1-7 Sec. 683.071. DEFINITION. In this subchapter, "junked
1-8 vehicle" means a vehicle that is self-propelled and inoperable and:
1-9 (1) does not have lawfully attached to it:
1-10 (A) an unexpired license plate; and [or]
1-11 (B) a valid motor vehicle inspection
1-12 certificate;
1-13 (2) is wrecked, dismantled or partially dismantled, or
1-14 discarded; or
1-15 (3) has remained inoperable for more than 15 [45]
1-16 consecutive days.
1-17 SECTION 2. Section 683.073(b), Transportation Code, is
1-18 amended to read as follows:
1-19 (b) An offense under this section is a Class C misdemeanor
1-20 [punishable by a fine not to exceed $200].
1-21 SECTION 3. Section 683.074(a), Transportation Code, is
1-22 amended to read as follows:
1-23 (a) Each [A] municipality and [or] county shall [may] adopt
1-24 procedures that conform to this subchapter for the abatement and
2-1 removal from private or public property or a public right-of-way of
2-2 a junked vehicle or part of a junked vehicle as a public nuisance.
2-3 SECTION 4. (a) This Act takes effect September 1, 1997.
2-4 (b) The change in law made by Section 2 of this Act applies
2-5 only to an offense committed on or after September 1, 1997. An
2-6 offense committed before September 1, 1997, is covered by the law
2-7 in effect when the offense was committed, and the former law is
2-8 continued in effect for that purpose. For purposes of this
2-9 subsection, an offense was committed before September 1, 1997, if
2-10 any element of the offense occurred before that date.
2-11 SECTION 5. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.