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