HBA-NRS H.B. 2313 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2313
By: Bosse
Transportation
3/29/2001
Introduced



BACKGROUND AND PURPOSE 

The Vehicle Storage Facility Act provides for the regulation of proper
motor vehicle storage.  However, some feel that the Transportation Code
does not adequately address the disposal of abandoned nuisance motor
vehicles and does not provide communities and vehicle storage facilities
with the authority to dispose of such vehicles in an efficient and
expedited fashion. House Bill 2313 establishes provisions for the disposal
of nuisance motor vehicles by vehicle storage facilities.  

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 2313 amends the Transportation Code to provide that a law
enforcement agency is not required to send notice to an abandoned nuisance
vehicle if a request is made by a vehicle storage facility for disposal of
an abandoned nuisance vehicle and the vehicle storage facility has met the
notice requirements under the Vehicle Storage Facility Act (Sec.  683.012).
If a law enforcement agency does not take the vehicle into custody before
the 31st day after the date notice of abandonment of a nuisance vehicle is
sent, the bill authorizes a licensed vehicle storage facility to dispose of
an abandoned nuisance vehicle in accordance with the Vehicle Storage
Facility Act by submitting an application to the Texas Department of
Transportation (TxDOT) or by notification to law enforcement.  The bill
prohibits TxDOT from being required to send notice and requires TxDOT to
issue a document for disposal.  If notice has been sent to law enforcement,
the bill requires law enforcement to sign the form issued by TxDOT to
dispose of an abandoned nuisance vehicle in accordance with the Vehicle
Storage Facility Act if notice requirements have been met by the vehicle
storage facility (Sec.  683.034).   

The bill establishes fee, application, and notice procedures for a vehicle
storage facility to dispose of an abandoned nuisance vehicle (Sec.
683.051). The bill provides that a document to an abandoned nuisance
vehicle from the person delivering the vehicle is adequate to satisfy the
duty of a demolisher who acquires a vehicle for the disposal of the vehicle
(Sec.  683.056). 

EFFECTIVE DATE

91st day after adjournment.