Bill Text: TX SB1766 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the impoundment of certain motor vehicles involved in the commission of the offense of racing on a highway.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-26 - Referred to Criminal Justice [SB1766 Detail]
Download: Texas-2021-SB1766-Introduced.html
By: Hall | S.B. No. 1766 | |
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relating to the impoundment of certain motor vehicles involved in | ||
the commission of the offense of racing on a highway. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter I, Chapter 545, Transportation Code, | ||
is amended to read as follows: | ||
Sec. 545.420. RACING ON HIGHWAY. (a) A person may not | ||
participate in any manner in: | ||
(1) a race; | ||
(2) a vehicle speed competition or contest; | ||
(3) a drag race or acceleration contest; | ||
(4) a test of physical endurance of the operator of a | ||
vehicle; or | ||
(5) in connection with a drag race, an exhibition of | ||
vehicle speed or acceleration or to make a vehicle speed record. | ||
(b) In this section: | ||
(1) "Drag race" means the operation of: | ||
(A) two or more vehicles from a point side by side | ||
at accelerating speeds in a competitive attempt to outdistance each | ||
other; or | ||
(B) one or more vehicles over a common selected | ||
course, from the same place to the same place, for the purpose of | ||
comparing the relative speeds or power of acceleration of the | ||
vehicle or vehicles in a specified distance or time. | ||
(2) "Race" means the use of one or more vehicles in an | ||
attempt to: | ||
(A) outgain or outdistance another vehicle or | ||
prevent another vehicle from passing; | ||
(B) arrive at a given destination ahead of | ||
another vehicle or vehicles; or | ||
(C) test the physical stamina or endurance of an | ||
operator over a long-distance driving route. | ||
(c) [Blank] | ||
(d) Except as provided by Subsections (e)-(h), an offense | ||
under Subsection (a) is a Class B misdemeanor. | ||
(e) An offense under Subsection (a) is a Class A misdemeanor | ||
if it is shown on the trial of the offense that: | ||
(1) the person has previously been convicted one time | ||
of an offense under that subsection; or | ||
(2) the person, at the time of the offense: | ||
(A) was operating the vehicle while intoxicated, | ||
as defined by Section 49.01, Penal Code; or | ||
(B) was in possession of an open container, as | ||
defined by Section 49.031, Penal Code. | ||
(f) An offense under Subsection (a) is a state jail felony | ||
if it is shown on the trial of the offense that the person has | ||
previously been convicted two times of an offense under that | ||
subsection. | ||
(g) An offense under Subsection (a) is a felony of the third | ||
degree if it is shown on the trial of the offense that as a result of | ||
the offense, an individual suffered bodily injury. | ||
(h) An offense under Subsection (a) is a felony of the | ||
second degree if it is shown on the trial of the offense that as a | ||
result of the offense, an individual suffered serious bodily injury | ||
or death. | ||
(i) This subsection applies only to a motor vehicle used in | ||
the commission of an offense under |
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which the owner, driver or passenger has: | ||
(A) used the vehicle in a prior street race or | ||
reckless driving exhibition; | ||
(B) used the motor vehicle in a street race or | ||
reckless driving exhibition which resulted in property damage or | ||
bodily injury to another; | ||
(C) a previous misdemeanor conviction for | ||
fleeing or attempting to elude a police officer pursuant to Texas | ||
Transportation Code 545.421; | ||
(D) a previous misdemeanor conviction for | ||
reckless driving pursuant to Texas Transportation Code 545.401; or | ||
(E) a previous misdemeanor or felony conviction | ||
for racing on a highway pursuant to Texas Transportation Code | ||
545.420 | ||
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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 or proof | ||
the vehicle was illegal obtained and used against the owners | ||
knowledge requiring sworn statement and filing of charge in | ||
accordance with Penal Code Section 31.07, Unauthorized Use of | ||
a Motor Vehicle, in which case the driver will be responsible | ||
for all vehicle removal and storage fees. | ||
SECTION 2. 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, 2021. |