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By: Elkins (Senate Sponsor - Ellis) |
H.B. No. 2690 |
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(In the Senate - Received from the House May 10, 2013; |
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May 10, 2013, read first time and referred to Committee on |
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Transportation; May 17, 2013, reported adversely, with favorable |
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Committee Substitute by the following vote: Yeas 8, Nays 0; |
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May 17, 2013, sent to printer.) |
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COMMITTEE SUBSTITUTE FOR H.B. No. 2690 |
By: Ellis |
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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 Subsection (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) 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. |
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