Bill Text: TX HB1047 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: Relating to the impoundment of a motor vehicle if operated without financial responsibility.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-04-27 - Committee report sent to Calendars [HB1047 Detail]
Download: Texas-2011-HB1047-Comm_Sub.html
82R17231 NAJ-D | |||
By: Schwertner, Phillips | H.B. No. 1047 | ||
Substitute the following for H.B. No. 1047: | |||
By: Bonnen | C.S.H.B. No. 1047 |
|
||
|
||
relating to the impoundment of a motor vehicle if operated without | ||
financial responsibility. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter C, Chapter 601, Transportation Code, | ||
is amended by adding Section 601.0535 to read as follows: | ||
Sec. 601.0535. IMPOUNDMENT OF MOTOR VEHICLE BY PEACE | ||
OFFICER. (a) In this section, "owner of a vehicle" and "vehicle | ||
storage facility" have the meanings assigned by Section 2303.002, | ||
Occupations Code. | ||
(b) A peace officer may impound the vehicle of a person who: | ||
(1) is involved in a motor vehicle accident or is | ||
stopped for an alleged violation of a local traffic ordinance, a | ||
state traffic law, or any other law that applies to the operation of | ||
a vehicle on a roadway; and | ||
(2) operates a motor vehicle in violation of Section | ||
601.051. | ||
(c) A peace officer who impounds a motor vehicle under | ||
Subsection (b) shall instruct the operator of the vehicle as to how | ||
the owner of the vehicle may recover the motor vehicle from that law | ||
enforcement agency or a vehicle storage facility authorized to | ||
remove and store the vehicle by that law enforcement agency. | ||
(d) The law enforcement agency or authorized vehicle | ||
storage facility that impounds a motor vehicle under this section | ||
may release the vehicle to the owner of the vehicle only if the | ||
owner: | ||
(1) provides to the law enforcement agency or | ||
authorized vehicle storage facility evidence consistent with: | ||
(A) Section 601.053, showing that on the date the | ||
vehicle was impounded, the motor vehicle was in compliance with | ||
Section 601.051; | ||
(B) Section 601.052, showing that on that date | ||
the vehicle was exempt from the requirements of 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 a driver's license issued to | ||
the owner of the vehicle; and | ||
(3) pays all associated fees authorized under Chapters | ||
2303 and 2308, Occupations Code. | ||
(e) The law enforcement agency or authorized vehicle | ||
storage facility that impounds a motor vehicle under this section | ||
may 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 authorized under Chapters | ||
2303 and 2308, Occupations Code. | ||
SECTION 2. The change in law made by this Act applies only | ||
to an offense committed on or after September 1, 2011. An offense | ||
committed before September 1, 2011, 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 September 1, 2011, if any element of | ||
the offense occurred before that date. | ||
SECTION 3. This Act takes effect September 1, 2011. |