By Bosse                                              H.B. No. 2313
         77R8533 T                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain 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     to read as follows:
 1-6           Sec. 683.001.  Definitions. In this chapter:
 1-7                 (1)  "Department" means the Texas Department of
 1-8     Transportation.
 1-9                 (2)  "Garagekeeper" means an owner or operator of a
1-10     storage facility.
1-11                 (3)  "Law enforcement agency" means:
1-12                       (A)  the Department of Public Safety;
1-13                       (B)  the police department of a municipality;
1-14                       (C)  the police department of an institution of
1-15     higher education; or
1-16                       (D)  a sheriff or a constable.
1-17                 (4)  "Motor vehicle" means a vehicle that is subject to
1-18     registration under Chapter 501.
1-19                 (5)  "Abandoned Nuisance Vehicle" means a vehicle that
1-20     is 8 years old or older and is of a condition for demolition,
1-21     wrecking or dismantling only and is stored in a licensed vehicle
1-22     storage facility.
1-23                 [(5)] (6)  "Motor vehicle demolisher" means a person in
1-24     the business of:
 2-1                       (A)  converting motor vehicles into processed
 2-2     scrap or scrap metal; or
 2-3                       (B)  wrecking or dismantling motor vehicles.
 2-4                 [(6)] (7)  "Outboard motor" means an outboard motor
 2-5     subject to registration under Chapter 31, Parks and Wildlife Code.
 2-6                 [(7)] (8)  "Storage facility" includes a garage,
 2-7     parking lot, or establishment for the servicing, repairing, or
 2-8     parking of motor vehicles.
 2-9                 (9)  "Vehicle Storage Facility" means a storage
2-10     facility licensed under the Vehicle Storage Facility Act.
2-11                 [(8)] (10)  "Watercraft" means a vessel subject to
2-12     registration under Chapter 31, Parks and Wildlife Code.
2-13           SECTION 2.  Section 683.012, Transportation Code, is amended
2-14     to read as follows:
2-15           Sec. 683.012.  Taking Abandoned Motor Vehicle Into Custody:
2-16     Notice. (a)  A law enforcement agency shall send notice of
2-17     abandonment to:
2-18                 (1)  the last known registered owner of each motor
2-19     vehicle, watercraft, or outboard motor taken into custody by the
2-20     agency or for which a report is received under Section 683.031; and
2-21                 (2)  each lienholder recorded under Chapter 501 for the
2-22     motor vehicle or under Chapter 31, Parks and Wildlife Code, for the
2-23     watercraft or outboard motor.
2-24           (b)  The notice under Subsection (a) must:
2-25                 (1)  be sent by certified mail not later than the 10th
2-26     day after the date the agency:
2-27                       (A)  takes the abandoned motor vehicle,
 3-1     watercraft, or outboard motor into custody; or
 3-2                       (B)  receives the report under Section 683.031;
 3-3                 (2)  specify the year, make, model, and identification
 3-4     number of the item;
 3-5                 (3)  give the location of the facility where the item
 3-6     is being held;
 3-7                 (4)  inform the owner and lienholder of the right to
 3-8     claim the item not later than the 20th day after the date of the
 3-9     notice on payment of:
3-10                       (A)  towing, preservation, and storage charges;
3-11     or
3-12                       (B)  garagekeeper's charges and fees under
3-13     Section 683.032; and
3-14                 (5)  state that failure of the owner or lienholder to
3-15     claim the item during the period specified by Subdivision (4) is:
3-16                       (A)  a waiver by that person of all right, title,
3-17     and interest in the item; and
3-18                       (B)  consent to the sale of the item at a public
3-19     auction.
3-20           (c)  Notice by publication in one newspaper of general
3-21     circulation in the area where the motor vehicle, watercraft, or
3-22     outboard motor was abandoned is sufficient notice under this
3-23     section if:
3-24                 (1)  the identity of the last registered owner cannot
3-25     be determined;
3-26                 (2)  the registration has no address for the owner; or
3-27                 (3)  the determination with reasonable certainty of the
 4-1     identity and address of all lienholders is impossible.
 4-2           (d)  Notice by publication:
 4-3                 (1)  must be published in the same period that is
 4-4     required by Subsection (b) for notice by certified mail and contain
 4-5     all of the information required by that subsection; and
 4-6                 (2)  may contain a list of more than one abandoned
 4-7     motor vehicle, watercraft, or outboard motor.
 4-8           (c)  A law enforcement agency is not required to send notice
 4-9     to an abandoned nuisance vehicle if a request is made by a vehicle
4-10     storage facility for disposal of an abandoned nuisance vehicle and
4-11     the vehicle storage facility has met the notice requirements under
4-12     the Vehicle Storage Facility Act.
4-13           SECTION 3.  Section 683.034, Transportation Code, is amended
4-14     to read as follows:
4-15           Sec. 683.034.  Disposal of Vehicle Abandoned in Storage
4-16     Facility. (a)  A law enforcement agency shall take into custody an
4-17     abandoned vehicle left in a storage facility that has not been
4-18     claimed in the period provided by the notice under Section 683.012.
4-19           (b)  The law enforcement agency may use the vehicle as
4-20     authorized by Section 683.016 or sell the vehicle at auction as
4-21     provided by Section 683.014. If a vehicle is sold, the proceeds of
4-22     the sale shall first be applied to a garagekeeper's charges for
4-23     service, storage, and repair of the vehicle.
4-24           (c)  As compensation for expenses incurred in taking the
4-25     vehicle into custody and selling it, the law enforcement agency
4-26     shall retain:
4-27                 (1)  two percent of the gross proceeds of the sale of
 5-1     the vehicle; or
 5-2                 (2)  all the proceeds if the gross proceeds of the sale
 5-3     are less than $10.
 5-4           (d)  Surplus proceeds shall be distributed as provided by
 5-5     Section 683.015.
 5-6           (e)  If the law enforcement agency does not take the vehicle
 5-7     into custody before the 31st day after the date notice is sent
 5-8     under Section 683.012:
 5-9                 (1)  the law enforcement agency may not take the
5-10     vehicle into custody; and
5-11                 (2)  the storage facility may dispose of the vehicle
5-12     under Chapter 70, Property Code, except that notice under Section
5-13     683.012 satisfies the notice requirements of that chapter.
5-14                 (3)  a licensed vehicle storage facility may dispose of
5-15     an abandoned nuisance vehicle in accordance with the Vehicle
5-16     Storage Facility Act by submitting an application to the Department
5-17     or by notification to law enforcement.  The Department shall not be
5-18     required to send notice and shall issue a document for disposal.
5-19     If notice has been sent to law enforcement, law enforcement shall
5-20     sign the form issued by the Department to dispose of an abandoned
5-21     nuisance vehicle in accordance with the Vehicle Storage Facility
5-22     Act if notice requirements have been met by the vehicle storage
5-23     facility.
5-24           SECTION 4.  Section 683.051, Transportation Code, is amended
5-25     to read as follows:
5-26           Sec. 683.051.  Application for Authorization to Dispose of
5-27     Certain Motor Vehicles. A person may apply to the department for
 6-1     authority:
 6-2                 (1)  to sell, give away, or dispose of a motor vehicle
 6-3     to a motor vehicle demolisher if:
 6-4                       (A)  the person owns the motor vehicle and the
 6-5     certificate of title to the vehicle is lost, destroyed, or faulty;
 6-6     or
 6-7                       (B)  the vehicle is an abandoned motor vehicle
 6-8     and is:
 6-9                             (i)  in the possession of the person; or
6-10                             (ii)  located on property owned by the
6-11     person; or
6-12                 (2)  to dispose of a motor vehicle to a motor vehicle
6-13     demolisher for demolition, wrecking, or dismantling if:
6-14                       (A)  the abandoned motor vehicle:
6-15                             (i)  is in the possession of the person;
6-16                             (ii)  is more than eight years old;
6-17                             (iii)  either has no motor or is otherwise
6-18     totally inoperable or does not comply with all applicable air
6-19     pollution emissions control related requirements included in:
6-20     (aa)  the vehicle inspection requirements under Chapter 548, as
6-21     evidenced by a current inspection certificate affixed to the
6-22     vehicle windshield; or (bb) the vehicle emissions inspection and
6-23     maintenance requirements contained in the Public Safety
6-24     Commission's motor vehicle emissions inspection and maintenance
6-25     program under Subchapter F, Chapter 548, or the state's air quality
6-26     state implementation plan; and
6-27                             (iv)  was authorized to be towed by a law
 7-1     enforcement agency; and
 7-2                       (B)  the law enforcement agency approves the
 7-3     application.
 7-4                 (3)  a licensed vehicle storage facility has submitted
 7-5     application to dispose of an abandoned nuisance vehicle to the
 7-6     Department along with a $10 fee or law enforcement has been
 7-7     notified of an abandoned nuisance vehicle.
 7-8           SECTION 5.  Section 683.056, Transportation Code, is amended
 7-9     to read as follows:
7-10           Sec. 683.056.  Demolisher's Duty. (a)  A motor vehicle
7-11     demolisher who acquires a motor vehicle for dismantling or
7-12     demolishing shall obtain from the person delivering the vehicle:
7-13                 (1)  the motor vehicle's certificate of title;
7-14                 (2)  a sales receipt for the motor vehicle;
7-15                 (3)  a transfer document for the vehicle as provided by
7-16     Subchapter B or Subchapter E; or
7-17                 (4)  a certificate of authority for the disposal of the
7-18     motor vehicle or a document to an abandoned nuisance vehicle.
7-19           (b)  A demolisher is not required to obtain a certificate of
7-20     title for the vehicle in the demolisher's name.
7-21           (c)  On the department's demand, the demolisher shall
7-22     surrender for cancellation the certificate of title or certificate
7-23     of authority.
7-24           (d)  The department shall adopt rules and forms necessary to
7-25     regulate the surrender of auction sales receipts and certificates
7-26     of title.