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A BILL TO BE ENTITLED
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AN ACT
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relating to the impoundment of motor vehicle license plates and the |
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suspension of the vehicle registration for failure to maintain |
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financial responsibility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter I, Chapter 601, |
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Transportation Code, is amended to read as follows: |
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SUBCHAPTER I. FAILURE TO MAINTAIN EVIDENCE OF FINANCIAL |
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RESPONSIBILITY; IMPOUNDMENT OF MOTOR VEHICLE OR LICENSE PLATES |
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SECTION 2. Subchapter I, Chapter 601, Transportation Code, |
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is amended by adding Sections 601.268 and 601.269 to read as |
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follows: |
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Sec. 601.268. IMPOUNDMENT OF LICENSE PLATES BY PEACE |
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OFFICER. (a) If a person required by Section 601.053 to provide to |
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a peace officer evidence of financial responsibility for a motor |
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vehicle fails to provide that evidence, the officer shall: |
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(1) remove each license plate that is attached to the |
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vehicle, require the operator of or a passenger in the vehicle to |
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remove each license plate, or require the vehicle to be driven or |
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towed, at the operator's expense, to a location where each license |
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plate may be safely removed from the vehicle; |
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(2) issue the person: |
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(A) written notice, which shall be included on |
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the form required by Paragraph (B), that registration of the |
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vehicle from which the license plate was removed will be suspended |
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by the Texas Department of Transportation if the owner or operator |
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of the vehicle does not: |
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(i) recover the removed license plate |
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before the 11th calendar day after the date the license plate was |
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removed; or |
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(ii) after the 11th calendar day after the |
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date the license plate was removed but not later than the 60th day |
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after the date of removal, apply for replacement license plates; |
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(B) a written explanation, on a form designed by |
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the department, as to how: |
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(i) within 10 calendar days after the date |
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of impoundment, the owner or operator of the vehicle may recover a |
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removed license plate from the law enforcement agency that employs |
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the peace officer; or |
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(ii) on or after the 11th calendar day after |
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the date of impoundment but not later than the 60th day after the |
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date of impoundment, the owner of the vehicle may apply for |
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replacement license plates through the appropriate county |
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assessor-collector; and |
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(C) a temporary license plate designed by the |
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Texas Department of Transportation that: |
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(i) when attached to the rear of the |
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vehicle, authorizes the operation of the vehicle for a period that |
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expires on the 10th calendar day after its date of issuance; and |
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(ii) shows on its face the expiration date |
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of the temporary license plate; and |
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(3) provide for the secure impoundment of each removed |
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plate for the vehicle at the offices of the law enforcement agency |
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that employs the peace officer. |
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(b) Before the 11th day after the date of impoundment, the |
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law enforcement agency that impounds a license plate under |
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Subsection (a) shall release the plate to the owner or operator of |
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the vehicle from which the plate was removed if the owner or |
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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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plate was removed, the motor vehicle was in compliance with Section |
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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, at a |
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minimum, for the 180-day period that begins on the date that release |
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of the impounded license plate is applied for; and |
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(2) pays the applicable administrative fee to the law |
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enforcement agency in the amount established by department rule. |
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(c) If on or after the 11th calendar day after the date of |
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impoundment but not later than the 60th day after the date of |
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impoundment, the owner or operator of the vehicle provides proof |
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described by Subsection (b) to the law enforcement agency that |
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impounded the license plates under Subsection (a), that law |
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enforcement agency, shall, in the manner specified by the Texas |
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Department of Transportation, authorize the owner of the vehicle |
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from which the plates were removed to apply for replacement license |
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plates through the appropriate county assessor-collector. |
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(d) If an impounded license plate is not recovered by the |
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owner or operator of the vehicle under Subsection (b) before the |
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11th calendar day after the date the plate was removed from the |
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vehicle, the impounding law enforcement agency shall destroy the |
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license plate and notify the department or the analogous authority |
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in the jurisdiction that issued the plate, in the manner specified |
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by the department, that the law enforcement agency impounded and |
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subsequently destroyed the plate under this section. |
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(e) Not later than the 10th business day after receipt of |
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notice under Subsection (d), the department shall notify the Texas |
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Department of Transportation that the license plate described in |
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the notice was impounded and subsequently destroyed by the law |
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enforcement agency under this section. The Texas Department of |
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Transportation shall note on the applicable vehicle registration |
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record that a suspension of the vehicle registration under this |
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section is pending. |
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(f) If before the 61st day after the date of impoundment of |
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the license plates the Texas Department of Transportation has not |
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received evidence described by Subsection (b)(1), the Texas |
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Department of Transportation shall: |
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(1) suspend the registration of the vehicle for which |
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the license plate was issued; and |
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(2) mail the owner of the vehicle, at the owner's last |
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known address as shown by the vehicle registration records of that |
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department, notice of the suspension of the vehicle's registration. |
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(g) The department shall set separate fees to be imposed on |
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the owner or operator of a license plate released under Subsection |
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(b)(1)(A) or (B) or on the owner or operator of a license plate |
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released under Subsection (b)(1)(C). The fees must be reasonable |
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and may not exceed the amount that the department determines is |
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sufficient for a law enforcement agency in this state to recover the |
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actual cost of enforcing this section, provided that the amount of |
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the fee to be imposed in connection with a license plate released |
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under Subsection (b)(1)(A) or (B) may not exceed 50 percent of the |
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fee to be imposed in connection with a license plate released under |
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Subsection (b)(1)(C). |
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Sec. 601.269. REINSTATEMENT OF SUSPENDED REGISTRATION. (a) |
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A vehicle registration suspended under Section 601.268(f) may not |
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be reinstated and a new registration issued to the owner of the |
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vehicle until the owner of the vehicle: |
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(1) provides to the Texas Department of Transportation |
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through the county assessor-collector of the county in which the |
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owner resides, evidence of compliance as described by Section |
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601.268(b)(1); and |
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(2) pays to that county assessor-collector: |
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(A) a $100 reinstatement fee; and |
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(B) the fee required by Section 502.184 for the |
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issuance of a replacement vehicle registration. |
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(b) Of each $100 reinstatement fee, the county |
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assessor-collector may retain $10 and shall send $90 to the |
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comptroller for deposit to the credit of the state highway fund. |
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SECTION 3. Section 601.374, Transportation Code, is amended |
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by adding Subsection (d) to read as follows: |
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(d) This section does not apply to a vehicle registration |
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suspended under Section 601.268. |
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SECTION 4. Section 601.376, Transportation Code, is amended |
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by adding Subsection (d) to read as follows: |
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(d) This section does not apply to a vehicle registration |
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suspended under Section 601.268. |
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SECTION 5. (a) The Texas Department of Transportation |
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shall: |
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(1) not later than November 30, 2009, adopt rules |
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necessary for that department to implement and administer Section |
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601.268, Transportation Code, as added by this Act; and |
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(2) not later than December 31, 2009, provide to each |
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law enforcement agency in this state that employs a peace officer |
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who enforces Section 601.053, Transportation Code, a sufficient |
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number of the temporary license plates described by Section |
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601.268(a)(2)(C) of that code, as added by this Act. |
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(b) The Texas Department of Public Safety shall: |
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(1) not later than November 30, 2009, adopt rules |
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necessary for that department to implement and administer Section |
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601.268, Transportation Code, as added by this Act; and |
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(2) not later than December 31, 2009, provide to each |
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law enforcement agency in this state that employs a peace officer |
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who enforces Section 601.053, Transportation Code, a sufficient |
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number of the written forms described by Section 601.268(a)(2) of |
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that code, as added by this Act. |
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SECTION 6. (a) Sections 1-4 of this Act take effect January |
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1, 2010. |
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(b) Section 5 and this section of this Act take effect |
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September 1, 2009. |