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.
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