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.