Bill Text: TX SB385 | 2023-2024 | 88th Legislature | Comm Sub

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Bill Title: Relating to the impoundment of a vehicle used in the commission of the offense of racing on a highway.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2023-04-24 - Co-author authorized [SB385 Detail]

Download: Texas-2023-SB385-Comm_Sub.html

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By: Hall S.B. No. 385
(In the Senate - Filed January 12, 2023; February 15, 2023,
read first time and referred to Committee on Criminal Justice;
April 17, 2023, reported favorably by the following vote: Yeas 7,
Nays 0; April 17, 2023, sent to printer.)
Click here to see the committee vote

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.
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