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            |  | A BILL TO BE ENTITLED | 
         
            |  | AN ACT | 
         
            |  | relating to the impoundment of a vehicle used in the commission of | 
         
            |  | the offense of racing on a highway. | 
         
            |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
         
            |  | SECTION 1.  Section 545.420(i), Transportation Code, is | 
         
            |  | amended to read as follows: | 
         
            |  | (i)  [ This subsection applies only to a motor vehicle used in  | 
         
            |  | the commission of an offense under this section that results in an  | 
         
            |  | accident with property damage or personal injury.]  A peace officer | 
         
            |  | shall require a [ the] vehicle used in the commission of an offense | 
         
            |  | under Subsection (a) to be taken to the nearest licensed vehicle | 
         
            |  | storage facility unless the vehicle is seized as evidence, in which | 
         
            |  | case the vehicle may be taken to a storage facility as designated by | 
         
            |  | the peace officer involved.  Notwithstanding Article 18.23, Code | 
         
            |  | of Criminal Procedure, the owner of a [ motor] vehicle that is | 
         
            |  | removed or stored under this subsection is liable for all removal | 
         
            |  | and storage fees incurred and is not entitled to take possession of | 
         
            |  | the vehicle until those fees are paid. | 
         
            |  | SECTION 2.  The changes in law made by this Act apply 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 3.  This Act takes effect immediately if it receives | 
         
            |  | a vote of two-thirds of all the members elected to each house, as | 
         
            |  | provided by Section 39, Article III, Texas Constitution.  If this | 
         
            |  | Act does not receive the vote necessary for immediate effect, this | 
         
            |  | Act takes effect September 1, 2023. |