By Pickett                                             H.B. No. 162
         77R1995 JD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the impoundment of a motor vehicle for failure to
 1-3     maintain financial responsibility for the vehicle.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter G, Chapter 601, Transportation Code,
 1-6     is amended by adding Section 601.1915 to read as follows:
 1-7           Sec. 601.1915.  IMPOUNDMENT OF MOTOR VEHICLE BY PEACE
 1-8     OFFICER.  (a)  If a person required by Section 601.053 to provide
 1-9     to a peace officer evidence of financial responsibility for a motor
1-10     vehicle involved in an accident fails to provide that evidence, the
1-11     officer may impound the vehicle.
1-12           (b)  If an officer impounds a motor vehicle under Subsection
1-13     (a), the officer shall issue the person a written explanation, on a
1-14     form designed by the  law enforcement agency that employs the peace
1-15     officer, as to how the owner or operator of the vehicle may recover
1-16     the motor vehicle from that law enforcement agency.
1-17           (c)  The law enforcement agency that impounds a motor vehicle
1-18     under Subsection (a) may release the vehicle to the owner or
1-19     operator of the vehicle only if the owner or operator:
1-20                 (1)  provides to the law enforcement agency evidence
1-21     consistent with:
1-22                       (A)  Section 601.053, showing that on the date
1-23     the vehicle was impounded, the motor vehicle was in compliance with
1-24     Section 601.051;
 2-1                       (B)  Section 601.052, showing that on that date
 2-2     the vehicle was exempt from the requirements of Section 601.051; or
 2-3                       (C)  Section 601.053, showing that financial
 2-4     responsibility for the vehicle has been obtained and is valid; and
 2-5                 (2)  except as provided by Subsection (d), pays for the
 2-6     cost of the impoundment.
 2-7           (d)  If the owner or operator provides evidence described by
 2-8     Subsection (c)(1)(A) or (B), the owner or operator is not required
 2-9     to pay for the cost of the impoundment.
2-10           SECTION 2.  This Act takes effect September 1, 2001.