BILL ANALYSIS

 

 

                                                                                                                                              S.B. 351

                                                                                                                                              By: Ellis

                                                                                                                                      Urban Affairs

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Current law provides for a notice of abatement of an abandoned motor vehicle to be delivered by certified United States Mail, with a five-day return requested.  However, there are less expensive delivery methods that provide verification as does a certified mail delivery.

 

The engrossed version of Senate Bill No. 351 authorizes a notice of abatement of an abandoned motor vehicle to be sent by the United States Postal Service with signature confirmation service.  This would allow the sender to deliver the notice in the most cost-effective manner.

 

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a State officer, institution, department or agency.

 

 

SECTION-BY-SECTION ANALYSIS

 

SECTION 1.  Amends Section 683.075(a), Transportation Code, to require a notice for the abatement and removal of a public nuisance (abandoned motor vehicle) to be sent either by the United States Postal Service with signature confirmation service or by another method previously provided for in this subsection before abatement and removal of the nuisance under this subchapter (Junked Vehicles:  Public Nuisance; Abatement).

 

SECTION 2.  Effective date: upon passage or September 1, 2007.

 

 

EFFECTIVE DATE

 

Immediately, if the bill receives a vote of two-thirds, or greater, in both houses of the Legislature.  If the bill passes—but by a margin of less than two-thirds in either house of the Legislature—then the bill would take effect on the default date of September 1, 2007.