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.