|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the impoundment of a motor vehicle if operated without |
|
financial responsibility. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subchapter C, Chapter 601, Transportation Code, |
|
is amended by adding Section 601.0535 to read as follows: |
|
Sec. 601.0535. IMPOUNDMENT OF MOTOR VEHICLE BY PEACE |
|
OFFICER. (a) In this section, "owner of a vehicle" and "vehicle |
|
storage facility" have the meanings assigned by Section 2303.002, |
|
Occupations Code. |
|
(b) A peace officer may impound the vehicle of a person who: |
|
(1) is involved in a motor vehicle accident or is |
|
stopped for an alleged violation of a local traffic ordinance, a |
|
state traffic law, or any other law that applies to the operation of |
|
a vehicle on a roadway; and |
|
(2) operates a motor vehicle in violation of Section |
|
601.051. |
|
(c) A peace officer who impounds a motor vehicle under |
|
Subsection (b) shall instruct the operator of the vehicle as to how |
|
the owner of the vehicle may recover the motor vehicle from that law |
|
enforcement agency or a vehicle storage facility authorized to |
|
remove and store the vehicle by that law enforcement agency. |
|
(d) The law enforcement agency or authorized vehicle |
|
storage facility that impounds a motor vehicle under this section |
|
may release the vehicle to the owner of the vehicle only if the |
|
owner: |
|
(1) provides to the law enforcement agency or |
|
authorized vehicle storage facility evidence consistent with: |
|
(A) Section 601.053, showing that on the date the |
|
vehicle was impounded, the motor vehicle was in compliance with |
|
Section 601.051; |
|
(B) Section 601.052, showing that on that date |
|
the vehicle was exempt from the requirements of Section 601.051; or |
|
(C) Section 601.053, showing that financial |
|
responsibility for the vehicle has been obtained and is valid; |
|
(2) provides to the law enforcement agency or |
|
authorized vehicle storage facility a driver's license issued to |
|
the owner of the vehicle; and |
|
(3) pays all associated fees authorized under Chapters |
|
2303 and 2308, Occupations Code. |
|
(e) The law enforcement agency or authorized vehicle |
|
storage facility that impounds a motor vehicle under this section |
|
may release the vehicle to a person who is shown as a lienholder on |
|
the vehicle's certificate of title only if the person: |
|
(1) provides to the law enforcement agency or |
|
authorized vehicle storage facility a statement from an officer of |
|
the lienholder establishing that the obligation secured by the |
|
vehicle is in default; and |
|
(2) pays all associated fees authorized under Chapters |
|
2303 and 2308, Occupations Code. |
|
SECTION 2. The change in law made by this Act applies only |
|
to an offense committed on or after September 1, 2011. An offense |
|
committed before September 1, 2011, is governed by the law in effect |
|
on the date the offense was committed, and the former law is |
|
continued in effect for that purpose. For purposes of this section, |
|
an offense was committed before September 1, 2011, if any element of |
|
the offense occurred before that date. |
|
SECTION 3. This Act takes effect September 1, 2011. |