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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 operated without |
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financial responsibility by a driver who does not have a driver's |
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license; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter I, Chapter 601, |
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Transportation Code, is amended to read as follows: |
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SUBCHAPTER I. FAILURE TO MAINTAIN EVIDENCE OF FINANCIAL |
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RESPONSIBILITY; IMPOUNDMENT OF MOTOR VEHICLE FOR MULTIPLE OFFENSES |
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SECTION 2. Chapter 601, Transportation Code, is amended by |
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adding Subchapter I-1 to read as follows: |
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SUBCHAPTER I-1. FAILURE TO MAINTAIN EVIDENCE OF FINANCIAL |
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RESPONSIBILITY; IMPOUNDMENT OF MOTOR VEHICLE OPERATED BY DRIVER |
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WITHOUT LICENSE |
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Sec. 601.271. IMPOUNDMENT OF MOTOR VEHICLE. (a) A peace |
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officer shall impound a motor vehicle detained by the officer |
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during a traffic stop if: |
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(1) the operator of the vehicle is in violation of |
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Section 601.051; |
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(2) the operator of the vehicle does not have in the |
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person's possession a driver's license valid at the time of the stop |
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that is the class of driver's license appropriate for the type of |
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vehicle operated; |
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(3) the officer is unable to determine whether the |
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operator has been issued a driver's license valid at the time of the |
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stop that is the class of driver's license appropriate for the type |
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of vehicle operated; and |
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(4) the officer determines that impounding the vehicle |
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will not place the operator or another person in immediate danger. |
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(b) A peace officer who impounds a motor vehicle under |
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Subsection (a) shall issue the person a written explanation, on a |
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form designed by the law enforcement agency that employs the |
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officer, as to how the owner of the vehicle may recover the vehicle |
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from that law enforcement agency. |
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(c) In addition to the notice required under Subsection (b), |
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the law enforcement agency shall send notice of impoundment to: |
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(1) the last known registered owner of the motor |
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vehicle if the person operating the vehicle does not own the |
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vehicle; and |
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(2) the lienholder recorded under Chapter 501 for the |
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motor vehicle if there is a lienholder for the vehicle. |
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Sec. 601.272. DURATION OF IMPOUNDMENT; RELEASE. (a) The |
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law enforcement agency that impounds a motor vehicle under this |
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subchapter may release the vehicle to the owner of the vehicle only |
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if the owner: |
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(1) provides to the law enforcement agency evidence |
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consistent with: |
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(A) Section 601.052, showing that on the date the |
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vehicle was impounded, the vehicle was exempt from the requirements |
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of Section 601.051; |
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(B) Section 601.053, showing that on that date |
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the vehicle was in compliance with 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 evidence |
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that the owner possesses a driver's license appropriate for the |
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motor vehicle that is valid at the time the owner requests the |
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release; |
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(3) claims the vehicle not later than the 60th day |
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after the date the vehicle is impounded; and |
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(4) pays for the cost of the impoundment. |
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(b) If the owner of the motor vehicle does not comply with |
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the requirements under Subsection (a) before the 61st day after the |
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date the vehicle is impounded and there is a lienholder recorded |
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under Chapter 501 for the vehicle, the law enforcement agency that |
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impounds the vehicle may release the vehicle to a person who: |
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(1) is shown as a lienholder on the vehicle's |
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certificate of title or is that lienholder's agent; and |
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(2) presents an affidavit from an officer of the |
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lienholder establishing that the debt secured by the vehicle is in |
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default or has matured. |
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(c) Notwithstanding any other law, if a lienholder does not |
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take possession of the motor vehicle under Subsection (b), the |
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lienholder forfeits the lienholder's interest in the vehicle and |
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the law enforcement agency that impounds the vehicle may auction |
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the vehicle. |
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(d) If the owner of the motor vehicle does not comply with |
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the requirements under Subsection (a) before the 61st day after the |
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date the vehicle is impounded and there is no lienholder recorded |
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under Chapter 501 for the vehicle, the law enforcement agency that |
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impounds the vehicle may auction the vehicle. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2017. |