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A BILL TO BE ENTITLED
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AN ACT
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relating to the impoundment of certain motor vehicles involved in |
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the commission of the offense of racing on a highway. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter I, Chapter 545, Transportation Code, |
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is amended to read as follows: |
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Sec. 545.420. RACING ON HIGHWAY. (a) A person may not |
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participate in any manner in: |
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(1) a race; |
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(2) a vehicle speed competition or contest; |
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(3) a drag race or acceleration contest; |
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(4) a test of physical endurance of the operator of a |
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vehicle; or |
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(5) in connection with a drag race, an exhibition of |
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vehicle speed or acceleration or to make a vehicle speed record. |
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(b) In this section: |
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(1) "Drag race" means the operation of: |
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(A) two or more vehicles from a point side by side |
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at accelerating speeds in a competitive attempt to outdistance each |
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other; or |
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(B) one or more vehicles over a common selected |
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course, from the same place to the same place, for the purpose of |
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comparing the relative speeds or power of acceleration of the |
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vehicle or vehicles in a specified distance or time. |
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(2) "Race" means the use of one or more vehicles in an |
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attempt to: |
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(A) outgain or outdistance another vehicle or |
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prevent another vehicle from passing; |
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(B) arrive at a given destination ahead of |
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another vehicle or vehicles; or |
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(C) test the physical stamina or endurance of an |
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operator over a long-distance driving route. |
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(c) [Blank] |
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(d) Except as provided by Subsections (e)-(h), an offense |
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under Subsection (a) is a Class B misdemeanor. |
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(e) An offense under Subsection (a) is a Class A misdemeanor |
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if it is shown on the trial of the offense that: |
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(1) the person has previously been convicted one time |
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of an offense under that subsection; or |
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(2) the person, at the time of the offense: |
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(A) was operating the vehicle while intoxicated, |
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as defined by Section 49.01, Penal Code; or |
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(B) was in possession of an open container, as |
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defined by Section 49.031, Penal Code. |
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(f) An offense under Subsection (a) is a state jail felony |
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if it is shown on the trial of the offense that the person has |
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previously been convicted two times of an offense under that |
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subsection. |
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(g) An offense under Subsection (a) is a felony of the third |
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degree if it is shown on the trial of the offense that as a result of |
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the offense, an individual suffered bodily injury. |
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(h) An offense under Subsection (a) is a felony of the |
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second degree if it is shown on the trial of the offense that as a |
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result of the offense, an individual suffered serious bodily injury |
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or death. |
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(i) This subsection applies only to a motor vehicle used in |
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the commission of an offense under this sections (f), (g) or (h) or |
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which the owner, driver or passenger has: |
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(A) used the vehicle in a prior street race or |
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reckless driving exhibition; |
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(B) used the motor vehicle in a street race or |
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reckless driving exhibition which resulted in property damage or |
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bodily injury to another; |
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(C) a previous misdemeanor conviction for |
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fleeing or attempting to elude a police officer pursuant to Texas |
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Transportation Code 545.421; |
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(D) a previous misdemeanor conviction for |
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reckless driving pursuant to Texas Transportation Code 545.401; or |
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(E) a previous misdemeanor or felony conviction |
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for racing on a highway pursuant to Texas Transportation Code |
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545.420 |
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that results in an accident with property damage or |
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personal injury. A peace officer shall require the vehicle |
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to be taken to the nearest licensed vehicle storage facility |
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unless the vehicle is seized as evidence, in which case the |
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vehicle may be taken to a storage facility as designated by |
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the peace officer involved. Notwithstanding Article 18.23, |
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Code of Criminal Procedure, the owner of a motor vehicle that |
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is removed or stored under this subsection is liable for all |
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removal and storage fees incurred and is not entitled to take |
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possession of the vehicle until those fees are paid or proof |
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the vehicle was illegal obtained and used against the owners |
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knowledge requiring sworn statement and filing of charge in |
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accordance with Penal Code Section 31.07, Unauthorized Use of |
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a Motor Vehicle, in which case the driver will be responsible |
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for all vehicle removal and storage fees. |
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SECTION 2. 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, 2021. |