80R17171 ACP-F

By: Ellis S.B. No. 350

Substitute the following for S.B. No. 350:

By: MurphyC.S.S.B. No. 350C.S.S.B. No. 350 Murphy C.S.S.B. No. 350

A BILL TO BE ENTITLED

AN ACT

relating to the abatement of certain nuisances involving junked vehicles.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 683.071, Transportation Code, is amended to read as follows:

Sec. 683.071. DEFINITION. In this subchapter, "junked vehicle" means a vehicle that is self-propelled and:

(1) does not have lawfully attached to it:

(A) an unexpired license plate; and [or]

(B) a valid motor vehicle inspection certificate; and

(2) is:

(A) wrecked, dismantled or partially dismantled, or discarded; or

(B) inoperable and has remained inoperable for more than:

(i) 72 consecutive hours, if the vehicle is on public property; or

(ii) 30 consecutive days, if the vehicle is on private property.

SECTION 2. Section 683.074(b), Transportation Code, is amended to read as follows:

(b) The procedures must:

(1) prohibit a vehicle from being reconstructed or made operable after removal;

(2) require a public hearing on request of a person who receives notice as provided by Section 683.075 if the request is made not later than the date by which the nuisance must be abated and removed [before removal of the public nuisance]; and

(3) require that notice identifying the vehicle or part of the vehicle be given to the department not later than the fifth day after the date of removal.

SECTION 3. This Act takes effect September 1, 2007.