Bill Text: TX HB2690 | 2013-2014 | 83rd Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the sale of a vehicle by an unlicensed seller; creating an offense.

Spectrum: Bipartisan Bill

Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB2690 Detail]

Download: Texas-2013-HB2690-Engrossed.html

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By: Elkins H.B. No. 2690

A BILL TO BE ENTITLED
AN ACT
relating to the sale of a vehicle by an unlicensed seller; creating
an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 503, Transportation Code,
is amended by adding Section 503.096 to read as follows:
Sec. 503.096. TOWING OF VEHICLES. (a) If a person is
engaged in business as a dealer in violation of Section 503.021, a
peace officer may cause a vehicle that is being offered for sale by
the person to be towed from the location where the vehicle is being
offered for sale and stored at a vehicle storage facility, as
defined by Section 2308.002, Occupations Code.
(b) A peace officer may cause the vehicle to be towed under
Subsection (a) only if:
(1) the peace officer has a probable cause that the
vehicle is being offered for sale by a person engaged in business as
a dealer in violation of Section 503.021;
(2) the peace officer has complied with the notice
requirements under Subsection (c); and
(3) the notice under Subsection (c) was attached to
the vehicle not less than two hours before the vehicle is caused to
be towed.
(c) Before a vehicle may be towed under Subse
ction (a), a
peace officer, an appropriate local government employee, or an
investigator employed by the department must attach a conspicuous
notice to the vehicle's front windshield or, if the vehicle has no
front windshield, to a conspicuous part of the vehicle stating:
(1) the make and model of the vehicle and the license
plate number and vehicle identification number of the vehicle, if
any;
(2) the date and time that the notice was affixed to
the vehicle;
(3) that the vehicle is being offered for sale in
violation of Section 503.021;
(4) that the vehicle and any property on or in the
vehicle may be towed and stored at the expense of the owner of the
vehicle not less than two hours after the notice is attached to the
vehicle if the vehicle remains parked at the location; and
(5) the name, address, and telephone number of the
vehicle storage facility where the vehicle will be towed.
(d) If a vehicle is towed under Subsection (a), the peace
officer who caused the vehicle to be towed shall, not later than 48
hours after the vehicle was towed, mail a written notice to the last
known address of the vehicle's registered owner and lienholders, as
shown by the department's records. If it is determined that the
owner of the vehicle is a resident of another jurisdiction, the
notice shall be sent to the agency responsible for vehicle titles
and registration in that jurisdiction. Written notice under this
subsection must:
(1) include the make and model of the vehicle and the
license plate number and vehicle identification number of the
vehicle, if any;
(2) include the date and time that the vehicle was
towed and the location from which the vehicle was towed;
(3) state that the vehicle was being offered for sale
in violation of Section 503.021;
(4) state that the vehicle was towed and is being
stored at the expense of the owner of the vehicle; and
(5) include the name, address, and telephone number of
the vehicle storage facility where the vehicle was towed and is
being stored.
(e) Once notice has been attached to a vehicle under
Subsection (c), a peace officer may prevent the vehicle from being
removed by a person unless the person provides evidence of
ownership in the person's name or written authorization from the
owner of the vehicle for the person to offer the vehicle for sale in
a manner other than by consignment.
SECTION 2. This Act takes effect September 1, 2013.