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.