HBA-NRS C.S.H.B. 2313 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2313
By: Bosse
Transportation
4/18/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The Vehicle Storage Facility Act provides for the regulation of proper
motor vehicle storage.  However, some feel that the Transportation Code
does not adequately address the disposal of abandoned nuisance motor
vehicles and does not provide communities and vehicle storage facilities
with the authority to dispose of such vehicles in an expeditious fashion.
C.S.H.B. 2313 establishes provisions for the disposal of nuisance motor
vehicles by vehicle storage facilities.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 2313 amends the Transportation Code to provide that a law
enforcement agency is not required to send notice to the last known
registered owner or lienholder of a motor vehicle if the law enforcement
agency has received notice from a vehicle storage facility that an
application has or will be submitted to the Texas Department of
Transportation (TxDot) for a certificate of authority to dispose of the
vehicle.  If a law enforcement agency does not take an abandoned vehicle
left in a storage facility into custody before the 31st day after the date
notice of abandonment of a motor vehicle is sent, the bill authorizes a
vehicle storage facility to dispose of an abandoned vehicle in accordance
with the Vehicle Storage Facility Act if the vehicle is an abandoned
nuisance vehicle.   

The bill authorizes a vehicle storage facility to apply to TxDot for
authority to dispose of an abandoned nuisance vehicle to a motor vehicle
demolisher, if the appropriate law enforcement agency has been notified. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2313 modifies the original bill by removing the $10 fee for a
vehicle storage facility to apply for the authority to dispose of an
abandoned nuisance vehicle to a motor vehicle demolisher.  The substitute
removes the requirement for a demolisher to obtain a document to an
abandoned nuisance vehicle before dismantling or demolishing the vehicle.