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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale of a vehicle by an unlicensed seller; creating |
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an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 503, Transportation Code, |
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is amended by adding Section 503.096 to read as follows: |
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Sec. 503.096. TOWING OF VEHICLES. (a) If a person is |
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engaged in business as a dealer in violation of Section 503.021, a |
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peace officer may cause a vehicle that is being offered for sale by |
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the person to be towed from the location where the vehicle is being |
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offered for sale and stored at a vehicle storage facility, as |
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defined by Section 2308.002, Occupations Code. |
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(b) A peace officer may cause the vehicle to be towed under |
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Subsection (a) only if: |
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(1) the peace officer has a probable cause that the |
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vehicle is being offered for sale by a person engaged in business as |
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a dealer in violation of Section 503.021; |
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(2) the peace officer has complied with the notice |
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requirements under Subsection (c); and |
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(3) the notice under Subsection (c) was attached to |
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the vehicle not less than two hours before the vehicle is caused to |
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be towed. |
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(c) Before a vehicle may be towed under Subse |
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ction (a), a |
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peace officer, an appropriate local government employee, or an |
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investigator employed by the department must attach a conspicuous |
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notice to the vehicle's front windshield or, if the vehicle has no |
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front windshield, to a conspicuous part of the vehicle stating: |
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(1) the make and model of the vehicle and the license |
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plate number and vehicle identification number of the vehicle, if |
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any; |
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(2) the date and time that the notice was affixed to |
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the vehicle; |
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(3) that the vehicle is being offered for sale in |
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violation of Section 503.021; |
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(4) that the vehicle and any property on or in the |
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vehicle may be towed and stored at the expense of the owner of the |
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vehicle not less than two hours after the notice is attached to the |
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vehicle if the vehicle remains parked at the location; and |
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(5) the name, address, and telephone number of the |
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vehicle storage facility where the vehicle will be towed. |
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(d) If a vehicle is towed under Subsection (a), the peace |
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officer who caused the vehicle to be towed shall, not later than 48 |
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hours after the vehicle was towed, mail a written notice to the last |
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known address of the vehicle's registered owner and lienholders, as |
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shown by the department's records. If it is determined that the |
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owner of the vehicle is a resident of another jurisdiction, the |
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notice shall be sent to the agency responsible for vehicle titles |
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and registration in that jurisdiction. Written notice under this |
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subsection must: |
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(1) include the make and model of the vehicle and the |
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license plate number and vehicle identification number of the |
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vehicle, if any; |
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(2) include the date and time that the vehicle was |
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towed and the location from which the vehicle was towed; |
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(3) state that the vehicle was being offered for sale |
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in violation of Section 503.021; |
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(4) state that the vehicle was towed and is being |
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stored at the expense of the owner of the vehicle; and |
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(5) include the name, address, and telephone number of |
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the vehicle storage facility where the vehicle was towed and is |
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being stored. |
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(e) Once notice has been attached to a vehicle under |
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Subsection (c), a peace officer may prevent the vehicle from being |
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removed by a person unless the person provides evidence of |
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ownership in the person's name or written authorization from the |
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owner of the vehicle for the person to offer the vehicle for sale in |
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a manner other than by consignment. |
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SECTION 2. This Act takes effect September 1, 2013. |