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.