81R16594 EAH-D
 
  By: Gonzalez Toureilles, King of Zavala H.B. No. 453
 
  Substitute the following for H.B. No. 453:
 
  By:  Driver C.S.H.B. No. 453
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use of auction proceeds from the sale of certain
  abandoned motor vehicles to compensate certain property owners.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 683.015, Transportation Code, is amended
  by adding Subsections (f) and (g) to read as follows:
         (f)  A law enforcement agency may use funds received from the
  sale of a motor vehicle abandoned as a result of a vehicular pursuit
  involving the law enforcement agency and transferred under
  Subsection (d) to compensate property owners whose property was
  damaged as a result of the pursuit, regardless of whether the agency
  would be liable under Chapter 101, Civil Practice and Remedies
  Code.  A payment for compensation under this subsection may not
  exceed any of the following amounts:
               (1)  the net proceeds received from the sale of the
  motor vehicle abandoned as a result of the pursuit;
               (2)  $1,000 per property owner, if more than one
  property owner's property is damaged as a result of the pursuit; or
               (3)  the amount of the property owner's insurance
  deductible.
         (g)  Before a law enforcement agency may compensate a
  property owner under Subsection (f) using funds transferred to a
  county under Subsection (d), the sheriff or constable must submit
  the proposed payment for compensation for consideration at the next
  regularly scheduled meeting of the commissioners court.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.