BILL ANALYSIS
By: Ellis
Committee Report (Substituted)
BACKGROUND AND PURPOSE
The current reading of Section 683.071 of the Transportation code says that if a vehicle has an unexpired license plate, or a valid inspection sticker, it is not defined as a “junked vehicle”.
The proposed complete committee substitute for Senate Bill No. 350 would change the requirement so that a vehicle must be lacking both an unexpired license plate and a valid inspection sticker in order to be defined as a “junked vehicle”.
Also, 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 back-log of such cases on the court dockets.
The proposed substitute for Senate Bill No. 350 would remove the automatic hearing requirement before mandating the abatement of an abandoned motor vehicle. Instead, the substitute authorizes a person to receive a hearing only if the person requests a hearing before the date on which the nuisance must be abated or removed.
RULEMAKING AUTHORITY
It is the committee’s opinion that this bill would not expressly confer any additional rulemaking authority to a State officer, institution, department or agency.
SECTION-BY-SECTION ANALYSIS
SECTION 1. Would amend Section 683.071, Transportation Code, to require that in order for a vehicle to be defined as a “junked vehicle” it must be self-propelled and not have lawfully attached to it an unexpired license plate and a valid motor vehicle inspection certificate.
SECTION 2. Would amend 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 only 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, as contained in current law. Such request must be made before the date the nuisance is to be abated and removed.
SECTION 3. Effective date: September 1, 2007.
EFFECTIVE DATE
September 1, 2007.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The committee substitute adds a new SECTION 1 which changes “or” to “and” in Section 683.071 of the Transportation Code, thereby requiring that a wrecked or inoperable vehicle must be lacking both and unexpired license and a valid inspection sticker in order to meet the definition of the term “junked vehicle”.