BILL ANALYSIS
Senate Research Center S.B. 350
By: Ellis
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Current law mandates that an owner of an abandoned motor vehicle automatically receive a hearing regarding the abatement of that nuisance. However, automatically requiring such hearings has contributed to an excessive number of such cases on the court dockets.
S.B. 350 removes the mandatory hearing requirement before requiring the abatement of an abandoned motor vehicle. It authorizes a person to receive a hearing if the request for a hearing is made before the date on which the nuisance must be abated or removed.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 683.071, Transportation Code, as follows:
Sec. 683.071. DEFINITION. Redefines "junked vehicle."
SECTION 2. Amends Section 683.074(b), Transportation Code, to require the procedures relating to the abatement and removal of an abandoned motor vehicle as a public nuisance to include a provision requiring a public hearing at the request of a person who received notice of abatement and removal of that person's abandoned motor vehicle (as provided by Section 683.075), rather than an automatic hearing, if requested before the date the nuisance is to be abated and removed.
SECTION 3. Effective date: September 1, 2007.