By Gutierrez H.B. No. 3452
75R7633 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the impoundment of the motor vehicle of a person who
1-3 fails to provide evidence of financial responsibility following a
1-4 motor vehicle accident.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter J, Chapter 601, Transportation Code,
1-7 is amended to read as follows:
1-8 SUBCHAPTER J. IMPOUNDMENT OF MOTOR VEHICLE FOLLOWING
1-9 ACCIDENT [NOT REGISTERED IN THIS STATE]
1-10 Sec. 601.291. Applicability of Subchapter. This subchapter
1-11 applies only to the owner or operator of a motor vehicle that[:]
1-12 [(1) is not registered in this state; and]
1-13 [(2)] is involved in a motor vehicle accident in this
1-14 state that results in bodily injury, death, or damage to the
1-15 property of one person to an apparent extent of at least $1,000
1-16 [$500].
1-17 Sec. 601.292. Duty to Provide Evidence of Financial
1-18 Responsibility to Investigating Officer. A person to whom this
1-19 subchapter applies shall provide evidence of financial
1-20 responsibility to a law enforcement officer of this state or a
1-21 political subdivision of this state who is conducting an
1-22 investigation of the accident.
1-23 Sec. 601.293. FAILURE TO PROVIDE EVIDENCE OF FINANCIAL
1-24 RESPONSIBILITY; [MAGISTRATE'S INQUIRY AND ORDER. (a) A person to
2-1 whom this subchapter applies who fails to provide evidence under
2-2 Section 601.292 shall be taken before a magistrate as soon as
2-3 practicable.]
2-4 [(b) The magistrate shall conduct an inquiry on the issues
2-5 of negligence and liability for bodily injury, death, or property
2-6 damage sustained in the accident.]
2-7 [(c) If the magistrate determines that there is a reasonable
2-8 possibility that a judgment will be rendered against the person for
2-9 bodily injury, death, or property damage sustained in the accident,
2-10 the magistrate shall order the person to provide:]
2-11 [(1) evidence of financial responsibility for the
2-12 bodily injury, death, or property damage; or]
2-13 [(2) evidence that the person is exempt from the
2-14 requirement of Section 601.051.]
2-15 [(d) A determination of negligence or liability under
2-16 Subsection (c) does not act as collateral estoppel on an issue in a
2-17 criminal or civil adjudication arising from the accident.]
2-18 [Sec. 601.294.] Impoundment of Motor Vehicle. If the [a]
2-19 person fails or refuses to [whom this subchapter applies does not]
2-20 provide evidence of financial responsibility as required by [under]
2-21 Section 601.053(a) [601.293(c)], the officer investigating the
2-22 accident [magistrate] shall direct that [enter an order directing
2-23 the sheriff of the county or the chief of police of the
2-24 municipality to impound] the motor vehicle owned or operated by the
2-25 person that was involved in the accident be impounded.
2-26 Sec. 601.294 [601.295]. DURATION OF IMPOUNDMENT[; RELEASE].
2-27 (a) A motor vehicle impounded under Section 601.293 [601.294]
3-1 remains impounded until the owner, operator, or person authorized
3-2 by the owner applies [presents] to a justice of the peace in the
3-3 county in which the accident involving the vehicle occurred for
3-4 [the person authorized to] release of the vehicle[:]
3-5 [(1) a certificate of release obtained from the
3-6 department; and]
3-7 [(2) payment for the cost of impoundment].
3-8 (b) The justice shall conduct an inquiry on the issues of
3-9 negligence and liability for bodily injury, death, or property
3-10 damage sustained in the accident [On presentation of the items
3-11 described by Subsection (a), the person authorized to release an
3-12 impounded motor vehicle shall release the vehicle].
3-13 (c) If the justice determines that there is a reasonable
3-14 possibility that a judgment will be rendered against the person for
3-15 bodily injury, death, or property damage sustained in the accident,
3-16 the justice may not order the release of the vehicle unless the
3-17 person provides:
3-18 (1) evidence of financial responsibility under Section
3-19 601.053 that shows that at the time of the accident the vehicle was
3-20 in compliance with Section 601.051 or was exempt from the
3-21 requirement of Section 601.051;
3-22 (2) a release executed by each person damaged in the
3-23 accident other than the operator of the vehicle for which the
3-24 release is requested; or
3-25 (3) security in a form and amount determined by the
3-26 justice to secure the payment of damages for which the operator may
3-27 be liable.
4-1 (d) If the justice determines that the reasonable
4-2 possibility described by Subsection (c) does not exist, the justice
4-3 shall order that the vehicle be released.
4-4 (e) A determination of negligence or liability under
4-5 Subsection (c) or (d) does not act as collateral estoppel on an
4-6 issue in a criminal or civil adjudication arising from the
4-7 accident.
4-8 (f) A person may satisfy the requirement of Subsection
4-9 (c)(1) or (2) by submitting a photocopy of the item required.
4-10 (g) Security provided under Subsection (c)(3) is subject to
4-11 Sections 601.163 to 601.167.
4-12 Sec. 601.295. [601.296. CERTIFICATE OF RELEASE. (a) The
4-13 department shall issue a certificate of release of an impounded
4-14 motor vehicle to the owner, operator, or person authorized by the
4-15 owner on submission to the department of:]
4-16 [(1) evidence of financial responsibility under
4-17 Section 601.053 that shows that at the time of the accident the
4-18 vehicle was in compliance with Section 601.051 or was exempt from
4-19 the requirement of Section 601.051;]
4-20 [(2) a release executed by each person damaged in the
4-21 accident other than the operator of the vehicle for which the
4-22 certificate of release is requested; or]
4-23 [(3) security in a form and amount determined by the
4-24 department to secure the payment of damages for which the operator
4-25 may be liable.]
4-26 [(b) A person may satisfy the requirement of Subsection
4-27 (a)(1) or (2) by submitting a photocopy of the item required.]
5-1 [(c) The department shall adopt the form, content, and
5-2 procedures for issuance of a certificate of release.]
5-3 [(d) Security provided under this section is subject to
5-4 Sections 601.163 to 601.167.]
5-5 [Sec. 601.297.] LIABILITY FOR COST OF IMPOUNDMENT. The
5-6 owner of an impounded vehicle is liable for the costs of the
5-7 impoundment.
5-8 Sec. 601.296. TRANSFER OF TITLE OF IMPOUNDED MOTOR VEHICLE.
5-9 (a) To transfer title to a motor vehicle impounded under Section
5-10 601.293, the owner must apply to a justice of the peace in the
5-11 county in which the accident involving the motor vehicle occurred
5-12 for permission.
5-13 (b) If the justice finds that the transfer is being made in
5-14 good faith and is not being made to circumvent this chapter, the
5-15 justice shall approve the transfer.
5-16 Sec. 601.297. RELEASE ON INVOLUNTARY TRANSFER OF TITLE OF
5-17 IMPOUNDED MOTOR VEHICLE. Notwithstanding Section 601.294, a
5-18 justice of the peace in the county in which the accident involving
5-19 the motor vehicle occurred shall order the release of a motor
5-20 vehicle impounded under Section 601.293 if, while the vehicle is
5-21 impounded, title to the vehicle is transferred by:
5-22 (1) foreclosure;
5-23 (2) sale on execution;
5-24 (3) cancellation of a conditional sales contract; or
5-25 (4) judicial order.
5-26 Sec. 601.298. RELEASE OF IMPOUNDED MOTOR VEHICLE. A person
5-27 authorized to release a motor vehicle impounded under Section
6-1 601.293 shall release the vehicle to the person, or the authorized
6-2 agent of the person named in an order of release from a justice of
6-3 the peace, on presentation of the order and payment of the fee for
6-4 the impoundment.
6-5 SECTION 2. This Act takes effect September 1, 1997.
6-6 SECTION 3. The importance of this legislation and the
6-7 crowded condition of the calendars in both houses create an
6-8 emergency and an imperative public necessity that the
6-9 constitutional rule requiring bills to be read on three several
6-10 days in each house be suspended, and this rule is hereby suspended.