1-1 By: Carona S.B. No. 845
1-2 (In the Senate - Filed March 3, 1999; March 4, 1999, read
1-3 first time and referred to Committee on State Affairs;
1-4 March 22, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 9, Nays 0; March 22, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 845 By: Shapleigh
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to disposal of certain motor vehicles.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 683.051, Transportation Code, is amended
1-13 to read as follows:
1-14 Sec. 683.051. APPLICATION FOR AUTHORIZATION TO DISPOSE OF
1-15 CERTAIN MOTOR VEHICLES. A person may apply to the department for
1-16 authority:
1-17 (1) to sell, give away, or dispose of a motor vehicle
1-18 to a motor vehicle demolisher if:
1-19 (A) the person owns the motor vehicle and the
1-20 certificate of title to the vehicle is lost, destroyed, or faulty;
1-21 or
1-22 (B) the vehicle is an abandoned motor vehicle
1-23 and is:
1-24 (i) in the possession of the person; or
1-25 (ii) located on property owned by the
1-26 person; or
1-27 (2) to dispose of a motor vehicle to a motor vehicle
1-28 demolisher for demolition, wrecking, or dismantling if:
1-29 (A) the abandoned motor vehicle:
1-30 (i) is in the possession of the person;
1-31 (ii) is more than eight years old;
1-32 (iii) either has no motor or is otherwise
1-33 totally inoperable or does not comply with all applicable air
1-34 pollution emissions control related requirements included in:
1-35 (aa) the vehicle inspection requirements under Chapter 548, as
1-36 evidenced by a current inspection certificate affixed to the
1-37 vehicle windshield; or (bb) the vehicle emissions inspection and
1-38 maintenance requirements contained in the Public Safety
1-39 Commission's motor vehicle emissions inspection and maintenance
1-40 program under Subchapter F, Chapter 548, or the state's air quality
1-41 state implementation plan; and
1-42 (iv) was authorized to be towed by a law
1-43 enforcement agency; and
1-44 (B) the law enforcement agency approves the
1-45 application.
1-46 SECTION 2. Subsection (b), Section 683.054, Transportation
1-47 Code, is amended to read as follows:
1-48 (b) Without giving the notice required by Section 683.053,
1-49 the department may issue to an applicant under Section 683.051(2) a
1-50 certificate of authority to dispose of the motor vehicle to a
1-51 demolisher if the vehicle meets the requirements of Sections
1-52 683.051(2)(A)(ii) and (iii)[:]
1-53 [(1) is more than eight years old; and]
1-54 [(2) has no motor or is otherwise totally inoperable].
1-55 SECTION 3. This Act takes effect September 1, 1999.
1-56 SECTION 4. The importance of this legislation and the
1-57 crowded condition of the calendars in both houses create an
1-58 emergency and an imperative public necessity that the
1-59 constitutional rule requiring bills to be read on three several
1-60 days in each house be suspended, and this rule is hereby suspended.
1-61 * * * * *