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A BILL TO BE ENTITLED
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AN ACT
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relating to the impoundment of a motor vehicle if operated without |
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financial responsibility or a driver's license. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 601, Transportation Code, |
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is amended by adding Section 601.0535 to read as follows: |
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Sec. 601.0535. IMPOUNDMENT OF MOTOR VEHICLE BY PEACE |
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OFFICER. (a) If a person operates a motor vehicle in violation of |
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Section 601.051 and fails to display a driver's license to the peace |
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officer under Section 521.025, the officer may impound the vehicle. |
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(b) If an officer impounds a motor vehicle under Subsection |
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(a), the officer shall issue the person a written explanation, on a |
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form designed by the law enforcement agency that employs the peace |
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officer, as to how the owner or operator of the vehicle may recover |
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the motor vehicle from that law enforcement agency. |
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(c) The law enforcement agency that impounds a motor vehicle |
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under Subsection (a) may release the vehicle to the owner or |
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operator of the vehicle only if the owner or operator: |
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(1) provides to the law enforcement agency evidence |
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consistent with: |
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(A) Section 601.053, showing that on the date the |
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vehicle was impounded, the motor vehicle was in compliance with |
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Section 601.051; |
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(B) Section 601.052, showing that on that date |
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the vehicle was exempt from the requirements of Section 601.051; or |
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(C) Section 601.053, showing that financial |
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responsibility for the vehicle has been obtained and is valid; |
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(2) except as provided by Subsection (d), pays for the |
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cost of the impoundment; and |
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(3) provides to the law enforcement agency a driver's |
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license issued to that person. |
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(d) If the owner or operator provides evidence described by |
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Subsection (c)(1)(A) or (B), the owner or operator is not required |
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to pay for the cost of the impoundment. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after September 1, 2007. An offense |
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committed before September 1, 2007, is covered by the law in effect |
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when the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before September 1, 2007, if any element of the |
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offense occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2007. |