78R8358 T

By:  Dutton                                                       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 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 
demolished, wrecked, or dismantled.
		(10)  "Vehicle storage facility" means a vehicle 
storage facility, as defined by Section 2, Vehicle Storage Facility 
Act (Article  6687-9a, Revised Statutes), that is currently 
licensed to operate under that Act.
	SECTION 2.  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 or a law enforcement 
agency for the disposal of an abandoned nuisance vehicle.
	(f)  A law enforcement agency has confirmed that notice has 
been sent by the vehicle storage facility as required by the Vehicle 
Storage Facility Act to both the owner and lien holder of record.
	SECTION 3.  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)  the Vehicle Storage Facility Act (Article 
6687-9a, Revised Statutes) if:
				(i)  the storage facility is a licensed 
vehicle storage facility; and
				(ii)  the vehicle is an abandoned nuisance 
vehicle.                
	SECTION 4.  Section 14, Vehicle Storage Facility Act 
(Article 6687-9a, Revised Statutes), is amended by amending 
Subsection (b) to read as follows:
	(b)  an impoundment fee of $20 [$10] for any action that:
		(1)  is taken by or at the direction of the owner or 
operator of the facility; and
		(2)  is necessary to preserve, protect, or service a 
vehicle stored or parked at the facility; and
	SECTION 5.  Section 13, Vehicle Storage Facility Act 
(Article 6687-9a, Revised Statutes), is amended by amending 
Subsection (e)(4) to read as follows:
		(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 lien holder.