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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 on the owner's second |
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or subsequent conviction of operating a motor vehicle without |
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financial responsibility for the vehicle. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 601.261 and 601.267, Transportation |
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Code, are amended to read as follows: |
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Sec. 601.261. IMPOUNDMENT OF MOTOR VEHICLE. On a second or |
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subsequent conviction for an offense under Section 601.191, the |
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court may [shall] order the sheriff of the county in which the court |
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has jurisdiction or the chief of police of the municipality in which |
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the court is located to impound the motor vehicle operated by the |
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defendant at the time of the offense if the defendant: |
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(1) was an owner of the motor vehicle at the time of |
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the offense; and |
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(2) is an owner on the date of that conviction. |
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Sec. 601.267. RELEASE OF IMPOUNDED MOTOR VEHICLE BY SHERIFF |
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OR POLICE CHIEF. A sheriff or chief of police who impounds a motor |
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vehicle shall release the vehicle: |
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(1) on presentation of an order of release from the |
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court and payment of the fee for the impoundment by the defendant or |
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a person authorized by the owner; or |
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(2) to a person who is shown as a lienholder on the |
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vehicle's certificate of title on presentation of the certificate |
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of title and an accompanying affidavit from an officer of the |
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lienholder establishing that the debt secured by the vehicle is in |
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default or has matured. |
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SECTION 2. This Act takes effect September 1, 2007. |