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A BILL TO BE ENTITLED
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AN ACT
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relating to notice and sale of abandoned vehicles by vehicle |
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storage facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2303.154, Occupations Code, is amended |
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to read as follows: |
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(a) If a vehicle is not claimed by a person permitted to |
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claim the vehicle before the 10th day after the date notice is |
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mailed or published under Section 2303.151 or 2303.152, the |
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operator of the vehicle storage facility shall consider the vehicle |
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to be abandoned and send notice of abandonment to a law enforcement |
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agency under Chapter 683, Transportation Code. |
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[(a) If a vehicle is not claimed by a person permitted to |
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claim the vehicle or a law enforcement agency has not taken an |
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action in response to a notice under Section 683.031(c), |
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Transportation Code, before the 15th day after the date notice is |
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mailed or published under Section 2303.151 or 2303.152, the |
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operator of the vehicle storage facility shall send a second notice |
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to the registered owner and the primary lienholder of the vehicle.] |
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(a-1) If a law enforcement agency will not accept notice of |
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abandonment from the vehicle storage facility or will not accept |
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payment as specified in Chapter 683.034 of the Transportation Code |
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then the vehicle storage facility shall assume the responsibility |
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of notice in Chapter 683.012. |
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(b) Notice under Subsection (a-1) [this section] must |
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include: |
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(1) the information listed in Section 2303.153(a); |
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(2) a statement of the right of the facility to dispose |
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of the vehicle under Section 2303.157; and |
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(3) a statement that the failure of the owner or |
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lienholder to claim the vehicle before the 30th day after the date |
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the notice is provided is: |
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(A) a waiver by that person of all right, title, |
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or interest in the vehicle; and |
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(B) a consent to the sale of the vehicle at a |
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public sale. |
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SECTION 2. Section 683.001, Transportation Code, is amended |
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to read as follows: |
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Sec. 683.001. DEFINITIONS. In this chapter: |
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(1) "Department" means the Texas Department of Motor |
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Vehicles. |
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(2) "Garagekeeper" means an owner or operator of a |
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storage facility or vehicle storage facility. |
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(3) "Law enforcement agency" means: |
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(A) the Department of Public Safety; |
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(B) the police department of a municipality; |
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(C) the police department of an institution of |
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higher education; or |
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(D) a sheriff or a constable. |
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(4) "Motor vehicle" means a vehicle that is subject to |
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registration under Chapter 501. |
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(5) "Motor vehicle demolisher" means a person in the |
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business of: |
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(A) converting motor vehicles into processed |
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scrap or scrap metal; or |
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(B) wrecking or dismantling motor vehicles. |
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(6) "Outboard motor" means an outboard motor subject |
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to registration under Chapter 31, Parks and Wildlife Code. |
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(7) "Storage facility" includes a garage, parking lot, |
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or establishment for the servicing, repairing, or parking of motor |
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vehicles. |
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(8) "Watercraft" means a vessel subject to |
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registration under Chapter 31, Parks and Wildlife Code. |
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(9) "Abandoned nuisance vehicle" means a motor vehicle |
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that is at least 10 years old and is of a condition only to be |
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junked, crushed, or dismantled. |
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(10) "Vehicle storage facility" means a vehicle |
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storage facility, as defined by Section 2303.002, |
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Occupations Code, |
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that is operated by a person who holds a license issued under |
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Chapter 2303 of that code to operate that vehicle storage facility. |
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(11) Aircraft" has the meaning assigned by Section |
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24.001. |
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SECTION 3. Section 683.003, Transportation Code, is amended |
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to read as follows: |
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(a) Sections 683.051-683.055 may not be read as conflicting |
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with Sections 683.074-683.078. |
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(b) This chapter does not affect a law authorizing the |
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immediate removal of a vehicle left on public property that is an |
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obstruction to traffic. |
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(c) The chapter may not be read as conflicting with Chapter |
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2303, Occupations Code. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |