Bill Text: TX HB2686 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the impoundment of a motor vehicle involved in an accident if operated without financial responsibility.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-04-28 - Committee report sent to Calendars [HB2686 Detail]
Download: Texas-2011-HB2686-Introduced.html
82R6934 NAJ-D | ||
By: Lucio III | H.B. No. 2686 |
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relating to the impoundment of a motor vehicle involved in an | ||
accident if operated without financial responsibility. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 601, Transportation Code, is amended by | ||
adding Subchapter O to read as follows: | ||
SUBCHAPTER O. IMPOUNDMENT OF MOTOR VEHICLE INVOLVED IN ACCIDENT | ||
Sec. 601.501. IMPOUNDMENT OF MOTOR VEHICLE. (a) A peace | ||
officer shall impound the motor vehicle of a person who: | ||
(1) operates the vehicle in violation of Section | ||
601.051; and | ||
(2) is involved in an accident in the vehicle. | ||
(b) A peace officer who impounds a motor vehicle under | ||
Subsection (a) shall issue the person a written explanation, on a | ||
form designed by the law enforcement agency that employs the | ||
officer, as to how the owner of the vehicle may recover the motor | ||
vehicle from that law enforcement agency. | ||
(c) In addition to the notice required under Subsection (b), | ||
the law enforcement agency shall send notice of impoundment to: | ||
(1) the last known registered owner of the vehicle if | ||
the person operating the vehicle does not own the vehicle; and | ||
(2) the lienholder recorded under Chapter 501 for the | ||
vehicle if there is a lienholder for the vehicle. | ||
(d) The law enforcement agency that impounds a motor vehicle | ||
under Subsection (a) may release the vehicle to the owner of the | ||
vehicle only if the owner: | ||
(1) provides to the law enforcement agency 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) claims the vehicle not later than the 60th day | ||
after the date the vehicle is impounded; and | ||
(3) pays for the cost of the impoundment. | ||
(e) If the owner of the motor vehicle does not comply with | ||
the requirements under Subsection (d) before the 61st day after the | ||
date the vehicle is impounded and there is a lienholder recorded | ||
under Chapter 501 for the vehicle, the law enforcement agency that | ||
impounds the vehicle may release the vehicle to a person who: | ||
(1) is shown as a lienholder on the vehicle's | ||
certificate of title or is that lienholder's agent; | ||
(2) presents an affidavit from an officer of the | ||
lienholder establishing that the debt secured by the vehicle is in | ||
default or has matured; | ||
(3) provides evidence of financial responsibility; | ||
and | ||
(4) pays for the cost of the impoundment. | ||
(f) Notwithstanding any other law, if a lienholder does not | ||
take possession of the motor vehicle under Subsection (e), the | ||
lienholder forfeits the lienholder's interest in the vehicle and | ||
the law enforcement agency that impounds the vehicle may auction | ||
the vehicle. | ||
(g) If the owner of the motor vehicle does not comply with | ||
the requirements under Subsection (d) before the 61st day after the | ||
date the vehicle is impounded and there is no lienholder recorded | ||
under Chapter 501 for the vehicle, the law enforcement agency that | ||
impounds the vehicle may auction the vehicle. | ||
SECTION 2. The change in law made by this Act applies 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 September 1, 2011. |