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79R1264 JD-D

By:  Hope                                                         H.B. No. 280


A BILL TO BE ENTITLED
AN ACT
relating to the impoundment of motor vehicle license plates for failure to maintain financial responsibility. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. The heading to Subchapter I, Chapter 601, Transportation Code, is amended to read as follows:
SUBCHAPTER I. FAILURE TO MAINTAIN EVIDENCE OF FINANCIAL RESPONSIBILITY; IMPOUNDMENT OF MOTOR VEHICLE OR LICENSE PLATES
SECTION 2. Subchapter I, Chapter 601, Transportation Code, is amended by adding Section 601.268 to read as follows: Sec. 601.268. IMPOUNDMENT OF LICENSE PLATES BY PEACE OFFICER. (a) If a person required by Section 601.053 to provide to a peace officer evidence of financial responsibility for a motor vehicle fails to provide that evidence, the officer shall: (1) remove each license plate that is attached to the vehicle or require the operator of or a passenger in the vehicle to remove each license plate; (2) issue the person: (A) written notice, which shall be included on the form required by Paragraph (B), that registration of the vehicle from which the license plate was removed will be suspended by the Texas Department of Transportation if the owner or operator of the vehicle does not recover the removed license plate before the 31st day after the date the license plate was removed; (B) a written explanation, on a form designed by the Department of Public Safety, as to how the owner or operator of the vehicle may recover a removed license plate from the law enforcement agency that employs the peace officer; and (C) a temporary license plate designed by the Texas Department of Transportation that: (i) when attached to the rear of the vehicle, authorizes the operation of the vehicle for a period that expires on the sixth day after its date of issuance; and (ii) shows on its face the expiration date of the temporary license plate; (3) provide for the secure impoundment of each removed plate for the vehicle at the offices of the law enforcement agency that employs the peace officer; and (4) notify the Texas Department of Transportation, or the analogous authority in the jurisdiction that issued the license plate, on a form designed by the Texas Department of Transportation, that the license plate issued to the vehicle has been impounded under this section. (b) The law enforcement agency that impounds a license plate under Subsection (a) shall release the plate to the owner or operator of the vehicle from which the plate was removed if the owner or operator: (1) provides to the law enforcement agency evidence consistent with: (A) Section 601.053, showing that on the date the plate was removed, the motor vehicle was in compliance with Section 601.051; (B) Section 601.052, showing that on that date the vehicle was exempt from the requirements of Section 601.051; or (C) Section 601.053, showing that financial responsibility for the vehicle has been obtained and is valid, at a minimum, for the 180-day period that begins on the date that release of the impounded license plate is applied for; and (2) pays an administrative fee to the law enforcement agency in the amount established by department rule. (c) If an impounded license plate is not recovered by the owner or operator of the vehicle under Subsection (b) before the 31st day after the date the plate was removed from the vehicle, the impounding law enforcement agency shall return the license plate to the Texas Department of Transportation or the analogous authority in the jurisdiction that issued the plate. The license plate shall be accompanied by a completed form, designed by the Texas Department of Transportation, explaining why the law enforcement agency is returning the plate to that department or issuing authority. (d) Not later than the 10th day after receipt of an impounded license plate from a law enforcement agency under Subsection (c), the Texas Department of Transportation shall: (1) suspend the registration of the vehicle for which the license plate was issued; and (2) mail the owner of the vehicle, at the owner's last known address as shown by department records, notice of the suspension of the vehicle's registration. (e) The amount of the administrative fee adopted by the department under Subsection (b)(2) may not exceed the amount that the department determines is sufficient for a law enforcement agency in this state to recover the actual cost of enforcing this section. SECTION 3. (a) The Texas Department of Transportation shall: (1) not later than November 30, 2005, adopt rules necessary for that department to implement and administer Section 601.268, Transportation Code, as added by this Act; and (2) not later than December 31, 2005, provide to each law enforcement agency in this state that employs a peace officer who enforces Section 601.053, Transportation Code, a sufficient number of the temporary license plates described by Section 601.268(a)(2)(C) and of the forms described by Sections 601.268(a)(4) and (c) of that code, as added by this Act. (b) The Texas Department of Public Safety shall: (1) not later than November 30, 2005, adopt rules necessary for that department to implement and administer Section 601.268, Transportation Code, as added by this Act; and (2) not later than December 31, 2005, provide to each law enforcement agency in this state that employs a peace officer who enforces Section 601.053, Transportation Code, a sufficient number of the written forms described by Section 601.268(a)(2) of that code, as added by this Act. SECTION 4. (a) Sections 1 and 2 of this Act take effect January 1, 2006. (b) Section 3 of this Act takes effect September 1, 2005.