By Bosse H.B. No. 2313 Substitute the following for H.B. No. 2313: By Alexander C.S.H.B. No. 2313 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the disposing of abandoned motor vehicles. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 683.001, Transportation Code, is amended 1-5 by adding Subdivisions (9) and (10) to read as follows: 1-6 (9) "Abandoned nuisance vehicle" means a motor vehicle 1-7 that is at least eight years old and is of a condition only to be 1-8 junked, crushed, or dismantled. 1-9 (10) "Vehicle storage facility" means a vehicle 1-10 storage facility, as defined by Section 2, Vehicle Storage Facility 1-11 Act (Article 6687-9a, Revised Statutes), that is currently 1-12 licensed to operate under that Act. 1-13 SECTION 2. Section 683.012, Transportation Code, is amended 1-14 by adding Subsection (e) to read as follows: 1-15 (e) A law enforcement agency is not required to send a 1-16 notice, as otherwise required by Subsection (a), if the agency has 1-17 received notice from a vehicle storage facility that an application 1-18 has or will be submitted to the department for a certificate of 1-19 authority to dispose of the vehicle. 1-20 SECTION 3. Section 683.034(e), Transportation Code, is 1-21 amended to read as follows: 1-22 (e) If the law enforcement agency does not take the vehicle 1-23 into custody before the 31st day after the date notice is sent 1-24 under Section 683.012: 2-1 (1) the law enforcement agency may not take the 2-2 vehicle into custody; and 2-3 (2) the storage facility may dispose of the vehicle 2-4 under: 2-5 (A) Chapter 70, Property Code, except that 2-6 notice under Section 683.012 satisfies the notice requirements of 2-7 that chapter; or 2-8 (B) the Vehicle Storage Facility Act (Article 2-9 6687-9a, Revised Statutes) if: 2-10 (i) the storage facility is a vehicle 2-11 storage facility; and 2-12 (ii) the vehicle is an abandoned nuisance 2-13 vehicle. 2-14 SECTION 4. Section 683.051, Transportation Code, is amended 2-15 to read as follows: 2-16 Sec. 683.051. APPLICATION FOR AUTHORIZATION TO DISPOSE OF 2-17 CERTAIN MOTOR VEHICLES. (a) A person may apply to the department 2-18 for authority: 2-19 (1) to sell, give away, or dispose of a motor vehicle 2-20 to a motor vehicle demolisher if: 2-21 (A) the person owns the motor vehicle and the 2-22 certificate of title to the vehicle is lost, destroyed, or faulty; 2-23 or 2-24 (B) the vehicle is an abandoned motor vehicle 2-25 and is: 2-26 (i) in the possession of the person; or 2-27 (ii) located on property owned by the 3-1 person; or 3-2 (2) to dispose of a motor vehicle to a motor vehicle 3-3 demolisher for demolition, wrecking, or dismantling if: 3-4 (A) the abandoned motor vehicle: 3-5 (i) is in the possession of the person; 3-6 (ii) is more than eight years old; 3-7 (iii) either has no motor or is otherwise 3-8 totally inoperable or does not comply with all applicable air 3-9 pollution emissions control related requirements included in: (aa) 3-10 the vehicle inspection requirements under Chapter 548, as evidenced 3-11 by a current inspection certificate affixed to the vehicle 3-12 windshield; or (bb) the vehicle emissions inspection and 3-13 maintenance requirements contained in the Public Safety 3-14 Commission's motor vehicle emissions inspection and maintenance 3-15 program under Subchapter F, Chapter 548, or the state's air quality 3-16 state implementation plan; and 3-17 (iv) was authorized to be towed by a law 3-18 enforcement agency; and 3-19 (B) the law enforcement agency approves the 3-20 application. 3-21 (b) A vehicle storage facility may apply to the department 3-22 for authority to dispose of an abandoned nuisance vehicle to a 3-23 motor vehicle demolisher, if the appropriate law enforcement agency 3-24 has been notified. 3-25 SECTION 5. This Act takes effect September 1, 2001.