By Shapleigh S.B. No. 1019 76R7144 JD-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the enforcement of commercial motor vehicle safety 1-3 standards. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter D, Chapter 644, Transportation Code, 1-6 is amended by adding Section 644.1545 to read as follows: 1-7 Sec. 644.1545. IMPOUNDMENT OF VEHICLES. (a) This section 1-8 applies only to a person against whom the department has imposed an 1-9 administrative penalty under this chapter that has become final and 1-10 who has: 1-11 (1) failed to pay the amount of the penalty; and 1-12 (2) not stayed the enforcement of the penalty. 1-13 (b) The department may direct or order the impoundment of 1-14 any commercial motor vehicle that is owned or operated in this 1-15 state by a person described by Subsection (a) if: 1-16 (1) the department serves the person with written 1-17 notice that the person's commercial motor vehicles are subject to 1-18 impoundment under this section; and 1-19 (2) before the 21st day after the date the notice is 1-20 served, the person fails to: 1-21 (A) pay the amount of the penalty; 1-22 (B) enter into an agreement with the department 1-23 for the payment of that amount; or 1-24 (C) comply with the agreement entered into with 2-1 the department. 2-2 (c) Service under Subsection (b) may be had by mailing the 2-3 notice by certified or registered mail to the person's most recent 2-4 address as shown in the department's records or by personal 2-5 delivery. 2-6 (d) If the department directs or orders the impoundment of a 2-7 commercial motor vehicle under this section, the vehicle may not be 2-8 released until the person pays: 2-9 (1) as applicable, the total or the unpaid amount of 2-10 the administrative penalty; and 2-11 (2) all costs incurred in connection with the towing 2-12 and storage of the vehicle, and any load on the vehicle. 2-13 SECTION 2. This Act takes effect September 1, 1999. 2-14 SECTION 3. The importance of this legislation and the 2-15 crowded condition of the calendars in both houses create an 2-16 emergency and an imperative public necessity that the 2-17 constitutional rule requiring bills to be read on three several 2-18 days in each house be suspended, and this rule is hereby suspended.