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.