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A BILL TO BE ENTITLED
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AN ACT
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relating to abandoned, wrecked, dismantled, discarded, and |
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inoperable aircraft and vessels. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.003, Parks and Wildlife Code, is |
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amended by adding Subdivision (17) to read as follows: |
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(17) "Abandoned vessel or outboard motor" means a |
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vessel or outboard motor that has remained on private property |
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without the consent of the owner or person in charge of the property |
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for more than seven consecutive days. |
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SECTION 2. Subchapter B-1, Chapter 31, Parks and Wildlife |
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Code, is amended by adding Section 31.0466 to read as follows: |
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Sec. 31.0466. TITLE FOR ABANDONED VESSEL; BOND. (a) A |
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person may apply for a certificate of title for an abandoned vessel |
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or outboard motor found on the person's property. |
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(b) The department may cancel the certificate for the |
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abandoned vessel or outboard motor and issue a new certificate to |
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the applicant if the applicant: |
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(1) executes and files a bond with the department: |
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(A) in the form prescribed by the department; |
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(B) issued by a person authorized to act as a |
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surety business in this state; |
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(C) in an amount equal to 1-1/2 times the value of |
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the abandoned vessel or outboard motor as determined by the |
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department; and |
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(D) conditioned to indemnify all prior owners and |
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lienholders and all subsequent purchasers of the abandoned vessel |
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or outboard motor or persons who acquire a security interest in the |
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vessel or outboard motor, and their successors in interest, against |
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any expense, loss, or damage, including reasonable attorney's fees, |
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resulting from: |
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(i) the issuance of the certificate of |
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title for the abandoned vessel or outboard motor; or |
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(ii) a defect in or undisclosed security |
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interest in the right, title, or interest of the applicant to or in |
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the abandoned vessel or outboard motor; |
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(2) proves to the satisfaction of the department that: |
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(A) the abandoned vessel or outboard motor is not |
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stolen; |
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(B) issuance of a certificate of title would not |
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defraud the owner or a lienholder of the abandoned vessel or |
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outboard motor; |
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(C) at least 30 days before the applicant applied |
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for the certificate, the applicant contacted the applicant's local |
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law enforcement agency through certified mail to report that the |
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vessel or outboard motor is abandoned; and |
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(D) the local law enforcement agency has not |
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taken the abandoned vessel or outboard motor into custody or |
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informed the applicant of the agency's intent to take the abandoned |
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vessel or outboard motor into custody; and |
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(3) posts notice of the certificate of title |
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application in the manner and for a period of time designated by |
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rule by the department. |
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(c) A person described by Subsection (b)(1)(D) has a right |
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of action to recover on the bond for a breach of a condition of the |
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bond described by Subsection (b)(1)(D). The aggregate liability of |
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the surety to all persons may not exceed the amount of the bond. |
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(d) A bond filed under this section expires on the third |
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anniversary of the date the bond became effective. The department |
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shall return an expired bond to the person who filed the bond unless |
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the department has been notified of a pending action to recover on |
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the bond. |
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(e) On return of a bond under Subsection (d), the department |
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shall issue a certificate of title to the person to whom the bond is |
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returned. |
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(f) If an abandoned vessel or outboard motor is not claimed |
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before the department issues a certificate of title under this |
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section, the owner or lienholder waives all rights and interests in |
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the abandoned vessel or outboard motor and consents to the |
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cancellation of the certificate for the abandoned vessel or |
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outboard motor. |
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(g) The applicant for the certificate of title for the |
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abandoned vessel or outboard motor takes title free and clear of all |
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liens and claims of ownership. |
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(h) In addition to the situation described by Subsection |
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(b)(2), the commission by rule may define acceptable situations in |
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which certificates of title may be issued after the filing of a bond |
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under this section. |
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(i) This section does not apply to a vessel or outboard |
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motor that is subject to a contract or lien under Chapter 59 or 70, |
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Property Code. |
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SECTION 3. Section 683.001, Transportation Code, is amended |
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by adding Subdivision (11) to read as follows: |
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(11) "Aircraft" has the meaning assigned by Section |
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24.001. |
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SECTION 4. Section 683.011, Transportation Code, is amended |
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to read as follows: |
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Sec. 683.011. AUTHORITY TO TAKE ABANDONED MOTOR VEHICLE |
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INTO CUSTODY. (a) A law enforcement agency may take into custody |
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an abandoned motor vehicle, aircraft, watercraft, or outboard motor |
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found on public or private property. |
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(b) A law enforcement agency may use agency personnel, |
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equipment, and facilities or contract for other personnel, |
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equipment, and facilities to remove, preserve, store, send notice |
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regarding, and dispose of an abandoned motor vehicle, aircraft, |
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watercraft, or outboard motor taken into custody by the agency |
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under this subchapter. |
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SECTION 5. Section 683.012, Transportation Code, is amended |
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by amending Subsections (a), (b), (c), and (d) and adding |
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Subsection (a-1) to read as follows: |
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(a) A law enforcement agency shall send notice of |
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abandonment to: |
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(1) the last known registered owner of each motor |
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vehicle, aircraft, watercraft, or outboard motor taken into custody |
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by the agency or for which a report is received under Section |
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683.031; and |
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(2) each lienholder recorded: |
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(A) under Chapter 501 for the motor vehicle; |
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(B) with the Federal Aviation Administration or |
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the secretary of state for the aircraft; or |
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(C) under Chapter 31, Parks and Wildlife Code, |
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for the watercraft or outboard motor. |
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(a-1) A law enforcement agency that takes into custody an |
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aircraft shall contact the Federal Aviation Administration in the |
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manner described by Section 22.901 to attempt to identify the owner |
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of the aircraft before sending the notice required by Subsection |
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(a). |
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(b) The notice under Subsection (a) must: |
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(1) be sent by certified mail not later than the 10th |
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day after the date the agency: |
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(A) takes the abandoned motor vehicle, aircraft, |
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watercraft, or outboard motor into custody; or |
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(B) receives the report under Section 683.031; |
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(2) specify the year, make, model, and identification |
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number of the item; |
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(3) give the location of the facility where the item is |
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being held; |
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(4) inform the owner and lienholder of the right to |
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claim the item not later than the 20th day after the date of the |
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notice on payment of: |
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(A) towing, preservation, and storage charges; |
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or |
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(B) garagekeeper's charges and fees under |
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Section 683.032 and, if the vehicle is a commercial motor vehicle |
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impounded under Section 644.153(q), the delinquent administrative |
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penalty and costs; and |
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(5) state that failure of the owner or lienholder to |
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claim the item during the period specified by Subdivision (4) is: |
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(A) a waiver by that person of all right, title, |
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and interest in the item; and |
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(B) consent to the sale of the item at a public |
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auction. |
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(c) Notice by publication in one newspaper of general |
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circulation in the area where the motor vehicle, aircraft, |
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watercraft, or outboard motor was abandoned is sufficient notice |
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under this section if: |
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(1) the identity of the last registered owner cannot |
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be determined; |
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(2) the registration has no address for the owner; or |
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(3) the determination with reasonable certainty of the |
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identity and address of all lienholders is impossible. |
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(d) Notice by publication: |
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(1) must be published in the same period that is |
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required by Subsection (b) for notice by certified mail and contain |
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all of the information required by that subsection; and |
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(2) may contain a list of more than one abandoned motor |
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vehicle, aircraft, watercraft, or outboard motor. |
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SECTION 6. Section 683.013, Transportation Code, is amended |
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to read as follows: |
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Sec. 683.013. STORAGE FEES. A law enforcement agency or the |
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agent of a law enforcement agency that takes into custody an |
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abandoned motor vehicle, aircraft, watercraft, or outboard motor is |
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entitled to reasonable storage fees: |
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(1) for not more than 10 days, beginning on the day the |
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item is taken into custody and ending on the day the required notice |
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is mailed; and |
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(2) beginning on the day after the day the agency mails |
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notice and ending on the day accrued charges are paid and the |
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vehicle, aircraft, watercraft, or outboard motor is removed. |
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SECTION 7. Sections 683.014(a) and (c), Transportation |
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Code, are amended to read as follows: |
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(a) If an abandoned motor vehicle, aircraft, watercraft, or |
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outboard motor is not claimed under Section 683.012: |
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(1) the owner or lienholder: |
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(A) waives all rights and interests in the item; |
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and |
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(B) consents to the sale of the item by public |
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auction or the transfer of the item, if a watercraft, as provided by |
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Subsection (d); and |
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(2) the law enforcement agency may sell the item at a |
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public auction, transfer the item, if a watercraft, as provided by |
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Subsection (d), or use the item as provided by Section 683.016. |
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(c) The purchaser of a motor vehicle, aircraft, watercraft, |
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or outboard motor: |
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(1) takes title free and clear of all liens and claims |
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of ownership; |
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(2) shall receive a sales receipt from the law |
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enforcement agency; and |
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(3) is entitled to register the motor vehicle, |
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aircraft, watercraft, or outboard motor with and receive a |
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certificate of title from the appropriate authority. |
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SECTION 8. Sections 683.015(a) and (c), Transportation |
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Code, are amended to read as follows: |
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(a) A law enforcement agency is entitled to reimbursement |
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from the proceeds of the sale of an abandoned motor vehicle, |
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aircraft, watercraft, or outboard motor for: |
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(1) the cost of the auction; |
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(2) towing, preservation, and storage fees resulting |
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from the taking into custody; and |
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(3) the cost of notice or publication as required by |
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Section 683.012. |
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(c) After the period provided by Subsection (b), proceeds |
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unclaimed by the owner or lienholder shall be deposited in an |
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account that may be used for the payment of auction, towing, |
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preservation, storage, and notice and publication fees resulting |
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from taking other vehicles, aircraft, watercraft, or outboard |
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motors into custody if the proceeds from the sale of the other items |
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are insufficient to meet those fees. |
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SECTION 9. Section 683.071, Transportation Code, is amended |
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to read as follows: |
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Sec. 683.071. DEFINITION AND APPLICABILITY. (a) In this |
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subchapter, "junked vehicle" means a vehicle that: |
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(1) is self-propelled; and[:
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[(1) does not have lawfully attached to it:
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[(A) an unexpired license plate; and
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[(B)
a valid motor vehicle inspection
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certificate; and] |
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(2) is: |
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(A) wrecked, dismantled or partially dismantled, |
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or discarded; or |
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(B) inoperable and has remained inoperable for |
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more than: |
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(i) 72 consecutive hours, if the vehicle is |
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on public property; or |
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(ii) 30 consecutive days, if the vehicle is |
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on private property. |
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(b) For purposes of this subchapter, "junked vehicle" |
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includes a motor vehicle, aircraft, or watercraft. This subchapter |
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applies only to: |
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(1) a motor vehicle that does not have lawfully |
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attached to it: |
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(A) an unexpired license plate; and |
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(B) a valid motor vehicle inspection |
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certificate; |
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(2) an aircraft that does not have lawfully printed on |
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the aircraft an unexpired federal aircraft identification number |
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registered under Federal Aviation Administration aircraft |
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registration regulations in 14 C.F.R. Part 47; or |
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(3) a watercraft that: |
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(A) does not have lawfully on board an unexpired |
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certificate of number; and |
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(B) is not a watercraft described by Section |
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31.055, Parks and Wildlife Code. |
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SECTION 10. Section 683.074, Transportation Code, is |
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amended by amending Subsection (f) and adding Subsection (h) to |
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read as follows: |
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(f) On receipt of notice of removal of a motor vehicle under |
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Subsection (b)(3), the department shall immediately cancel the |
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certificate of title issued for the vehicle. |
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(h) On receipt of notice of removal of a watercraft under |
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Subsection (b)(3), the department shall notify the Parks and |
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Wildlife Department of the removal. On receipt of the notice from |
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the department, the Parks and Wildlife Department shall immediately |
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cancel the certificate of title issued for the watercraft. |
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SECTION 11. Section 683.076(d), Transportation Code, is |
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amended to read as follows: |
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(d) If the information is available at the location of the |
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nuisance, a resolution or order requiring removal of the nuisance |
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must include: |
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(1) for a motor vehicle, the vehicle's: |
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(A) [(1)] description; |
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(B) [(2)] vehicle identification number; and |
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(C) [(3)] license plate number; |
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(2) for an aircraft, the aircraft's: |
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(A) description; and |
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(B) federal aircraft identification number as |
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described by Federal Aviation Administration aircraft registration |
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regulations in 14 C.F.R. Part 47; and |
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(3) for a watercraft, the watercraft's: |
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(A) description; and |
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(B) identification number as set forth in the |
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watercraft's certificate of number. |
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SECTION 12. This Act takes effect September 1, 2011. |
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