84R17306 JXC-D

By: Ashby, Flynn, et al. H.B. No. 533

Substitute the following for H.B. No. 533:

By: Workman C.S.H.B. No. 533

A BILL TO BE ENTITLED

AN ACT

relating to the impoundment of a motor vehicle operated without financial responsibility and involved in an accident or traffic violation; authorizing a fee.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Subchapter I, Chapter 601, Transportation Code, is amended to read as follows:

SUBCHAPTER I. FAILURE TO MAINTAIN EVIDENCE OF FINANCIAL

RESPONSIBILITY; IMPOUNDMENT OF MOTOR VEHICLE FOR MULTIPLE OFFENSES

SECTION 2. Chapter 601, Transportation Code, is amended by adding Subchapter I-1 to read as follows:

SUBCHAPTER I-1. FAILURE TO MAINTAIN EVIDENCE OF FINANCIAL

RESPONSIBILITY; IMPOUNDMENT OF MOTOR VEHICLE AFTER ACCIDENT OR

TRAFFIC VIOLATION

Sec. 601.271. DEFINITIONS. In this subchapter:

(1) "Owner of a vehicle" and "vehicle storage facility" have the meanings assigned by Section 2303.002, Occupations Code.

(2) "Towing company" has the meaning assigned by Section 2308.002, Occupations Code.

Sec. 601.272. IMPOUNDMENT OF MOTOR VEHICLE. A peace officer may impound or authorize a towing company to remove and a vehicle storage facility to impound the motor vehicle of a person who the peace officer determines:

(1) is involved in a motor vehicle accident or is stopped for an alleged violation of a law that applies to the operation of a motor vehicle on a roadway; and

(2) operated the motor vehicle in violation of Section 601.051 at the time of the accident or alleged violation described by Subdivision (1).

Sec. 601.273. RELEASE OF IMPOUNDED MOTOR VEHICLE. (a) A peace officer who impounds or authorizes the impoundment of a motor vehicle under Section 601.272 shall provide the operator with written instructions describing how the owner or operator of the vehicle may recover the motor vehicle from the law enforcement agency that employs the peace officer or the authorized vehicle storage facility. The failure of a peace officer to provide the written instructions does not affect the authority of the officer, a towing company, or a vehicle storage facility to remove or impound the motor vehicle.

(b) The law enforcement agency or authorized vehicle storage facility that impounds a motor vehicle under Section 601.272 shall release the vehicle to the owner or operator of the vehicle only if the owner or operator:

(1) provides to the law enforcement agency or authorized vehicle storage facility evidence consistent with:

(A) Section 601.052, showing that on the date the vehicle was impounded, the motor vehicle was exempt from the requirements of Section 601.051;

(B) Section 601.053, showing that on that date the vehicle was in compliance with 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 an unexpired driver's license or other form of identification approved by the Texas Commission of Licensing and Regulation issued to the owner or operator of the vehicle; and

(3) pays all fees imposed as authorized under Chapters 2303 and 2308, Occupations Code.

(c) The law enforcement agency or authorized vehicle storage facility that impounds a motor vehicle under Section 601.272 shall 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 imposed as authorized under Chapters 2303 and 2308, Occupations Code.

(d) The law enforcement agency or authorized vehicle storage facility that impounds a motor vehicle under Section 601.272 shall release the vehicle if, while the vehicle is impounded:

(1) certificate of title to the vehicle is transferred by:

(A) foreclosure;

(B) sale on execution;

(C) cancellation of a conditional sales contract; or

(D) judicial order; and

(2) all fees imposed as authorized under Chapters 2303 and 2308, Occupations Code, are paid.

(e) This subsection applies only to an insurance company that provides coverage for a person who may be liable for damage to a motor vehicle that is impounded under Section 601.272. The law enforcement agency or authorized vehicle storage facility that impounded the motor vehicle shall:

(1) allow the insurance company to inspect the impounded motor vehicle; and

(2) release the impounded motor vehicle to the insurance company if the company:

(A) finds that the vehicle is a total loss;

(B) pays all fees imposed as authorized under Chapters 2303 and 2308, Occupations Code; and

(C) obtains consent for the release from the owner of the vehicle.

(f) Article 18.23, Code of Criminal Procedure, does not apply to the impoundment of a motor vehicle under Section 601.272.

Sec. 601.274. AUTHORITY OF TEXAS COMMISSION OF LICENSING AND REGULATION. The Texas Commission of Licensing and Regulation may adopt rules necessary to implement this subchapter.

Sec. 601.275. PENALTIES CUMULATIVE. Impoundment of a motor vehicle under this subchapter is in addition to any other punishment imposed under this chapter.

SECTION 3. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act 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 the effective date of this Act if any element of the offense occurred before that date.

SECTION 4. This Act takes effect September 1, 2015.