78R10037 JD-F


By:  Dutton                                                       H.B. No. 2100

Substitute the following for H.B. No. 2100:                                   

By:  Hamric                                                   C.S.H.B. No. 2100



A BILL TO BE ENTITLED

AN ACT

relating to the disposing of abandoned motor vehicles.                        
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 2303.152(a), Occupations Code, is 
amended to read as follows:
	(a)  Notice to the registered owner and the primary 
lienholder of a vehicle towed to a vehicle storage facility may be 
provided by publication in a newspaper of general circulation in 
the county in which the vehicle is stored if:
		(1)  the vehicle is registered in another state;                              
		(2)  the operator of the storage facility submits to 
the governmental entity with which the vehicle is registered a 
written request for information relating to the identity of the 
registered owner and any lienholder of record;
		(3)  the identity of the registered owner cannot be 
determined;             
		(4)  the registration does not contain an address for 
the registered owner;  or [and]
		(5)  the operator of the storage facility cannot 
reasonably determine the identity and address of each lienholder.
	SECTION 2.  Section 2303.155(b), Occupations Code, is 
amended to read as follows:
	(b)  The operator of a vehicle storage facility or 
governmental vehicle storage facility may charge the owner of a 
vehicle stored or parked at the facility:
		(1)  a notification fee set in a reasonable amount not 
to exceed $25 for providing notice under this subchapter;
		(2)  an impoundment fee of $20 [$10] for any action 
that:
			(A)  is taken by or at the direction of the owner 
or operator of the facility; and
			(B)  is necessary to preserve, protect, or service 
a vehicle stored or parked at the facility; and
		(3)  a daily storage fee of not less than $5 and not 
more than $15 for each day or part of a day the vehicle is stored at 
the facility.
	SECTION 3.  Section 683.001, Transportation Code, is amended 
by adding Subdivisions (9) and (10) to read as follows:
		(9)  "Abandoned nuisance vehicle" means a motor vehicle 
that is at least 10 years old and is of a condition only to be 
junked, crushed, or dismantled.
		(10)  "Vehicle storage facility" means a vehicle 
storage facility, as defined by Section 2303.002, Occupations Code, 
that is operated by a person who holds a license issued under 
Chapter 2303 of that code to operate that vehicle storage facility.
	SECTION 4.  Section 683.012, Transportation Code, is amended 
by adding Subsection (e) to read as follows:
	(e)  A law enforcement agency is not required to send a 
notice, as otherwise required by Subsection (a), if the agency has 
received notice from a vehicle storage facility that an application 
has or will be submitted to the department for the disposal of the 
vehicle.
	SECTION 5.  Section 683.034(e), Transportation Code, is 
amended to read as follows:
	(e)  If the law enforcement agency does not take the vehicle 
into custody before the 31st day after the date notice is sent under 
Section 683.012:
		(1)  the law enforcement agency may not take the 
vehicle into custody; and  
		(2)  the storage facility may dispose of the vehicle 
under:          
			(A)  Chapter 70, Property Code, except that notice 
under Section 683.012 satisfies the notice requirements of that 
chapter; or
			(B)  Chapter 2303, Occupations Code, if:                              
				(i)  the storage facility is a vehicle 
storage facility; and       
				(ii)  the vehicle is an abandoned nuisance 
vehicle.                
	SECTION 6.  This Act takes effect September 1, 2003.