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By: Gonzalez Toureilles, King of Zavala |
H.B. No. 453 |
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(Senate Sponsor - Hinojosa) |
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(In the Senate - Received from the House May 4, 2009; |
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May 6, 2009, read first time and referred to Committee on Criminal |
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Justice; May 20, 2009, reported favorably by the following vote: |
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Yeas 7, Nays 0; May 20, 2009, sent to printer.) |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of auction proceeds from the sale of certain |
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abandoned motor vehicles to compensate certain property owners. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 683.015, Transportation Code, is amended |
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by adding Subsections (f) and (g) to read as follows: |
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(f) A county law enforcement agency may use funds received |
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from the sale of a motor vehicle abandoned as a result of a |
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vehicular pursuit involving the law enforcement agency and |
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transferred under Subsection (d) to compensate property owners |
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whose property was damaged as a result of the pursuit, regardless of |
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whether the agency would be liable under Chapter 101, Civil |
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Practice and Remedies Code. A payment for compensation under this |
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subsection may not exceed any of the following amounts: |
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(1) the net proceeds received from the sale of the |
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motor vehicle abandoned as a result of the pursuit; |
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(2) $1,000 per property owner, if more than one |
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property owner's property is damaged as a result of the pursuit; or |
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(3) the amount of the property owner's insurance |
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deductible. |
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(g) Before a law enforcement agency may compensate a |
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property owner under Subsection (f) using funds transferred to a |
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county under Subsection (d), the sheriff or constable must submit |
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the proposed payment for compensation for consideration, and the |
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commissioners court shall consider the proposed payment for |
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compensation, at the next regularly scheduled meeting of the |
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commissioners court. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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