HBA-TBM, CBW H.B. 162 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 162
By: Pickett
Insurance
2/12/2001
Introduced



BACKGROUND AND PURPOSE 

Current state law does not allow a vehicle to be impounded when the driver
is involved in a traffic accident and fails to show proof of financial
responsibility.  However, some municipal police departments currently have
policies in place that allow their officers to impound the vehicles of
uninsured motorists.  House Bill 162 creates a uniform law that allows
peace officers to impound a vehicle when the driver is involved in a
traffic accident and fails to show proof of financial responsibility.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 162 amends the Transportation Code to authorize a peace officer
to impound a motor vehicle involved in an accident if a person operating a
motor vehicle fails to provide evidence of financial responsibility.  If an
officer impounds a motor vehicle, the bill requires the officer to issue
the person a written explanation as to how the owner or operator of the
vehicle may recover the motor vehicle. The bill authorizes the release of a
vehicle if the owner or operator provides evidence of financial
responsibility showing that financial responsibility for the vehicle has
been obtained since the accident and is valid and the owner or operator
pays for the cost of impoundment.  The bill authorizes the law enforcement
agency to release the vehicle if the owner or operator provides evidence
showing that on the date of impoundment, the motor vehicle was in
compliance with provisions related to the requirement of financial
responsibility or exceptions to financial responsibility, and provides that
the owner or operator is not required to pay for the cost of the
impoundment.  

EFFECTIVE DATE

September 1, 2001.