(b) Subsection (a) applies whether the motor vehicle is taken to or stored on property that is:
(1) owned or operated by the law enforcement agency; or
(2) owned or operated by another person who provides storage services to the law enforcement agency, including:
(A) a governmental entity; and
(B) a vehicle storage facility, as defined by Section 2303.002, Occupations Code.
(c) Subsection (a) does not require a law enforcement agency to pay the cost of:
(1) towing or storing a motor vehicle for a purpose that is not an evidentiary or examination purpose, including towing or storing a vehicle that has been abandoned, illegally parked, in an accident, or recovered after being stolen; or
(2) storing a motor vehicle after the date the law enforcement agency authorizes the owner or operator of the property to which the vehicle was taken or on which the vehicle is stored to release the vehicle to the vehicle's owner.
(d) This subsection applies only to a motor vehicle taken to or stored on property described by Subsection (b)(2). After a law enforcement agency authorizes the release of a motor vehicle held for an evidentiary or examination purpose, the owner or operator of the storage property may not refuse to release the vehicle to the vehicle's owner because the law enforcement agency has not paid the cost of the towing and storage.
(e) Subchapter J, Chapter 2308, Occupations Code, does not apply to a motor vehicle directed by a law enforcement agency to be towed and stored for an evidentiary or examination purpose.
Added by Acts 2005, 79th Leg., Ch. 1197 (H.B. 480), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 3.01, eff. September 1, 2007.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Article 18.011. Sealing of Affidavit
Article 18.02. Grounds for Issuance
Article 18.021. Issuance of Search Warrant to Photograph Injured Child
Article 18.0215. Access to Cellular Telephone or Other Wireless Communications Device
Article 18.03. Search Warrant May Order Arrest
Article 18.04. Contents of Warrant
Article 18.05. Warrants for Fire, Health, and Code Inspections
Article 18.06. Execution of Warrants
Article 18.065. Execution of Warrant Issued by District Judge for DNA Specimen
Article 18.067. Execution of Warrant for Blood Specimen in Intoxication Offense
Article 18.07. Days Allowed for Warrant to Run
Article 18.08. Power of Officer Executing Warrant
Article 18.09. Shall Seize Accused and Property
Article 18.095. Seizure of Circuit Board of Gambling Device, Equipment, or Paraphernalia
Article 18.10. How Return Made
Article 18.11. Custody of Property Found
Article 18.12. Magistrate Shall Investigate
Article 18.13. Shall Discharge Defendant
Article 18.14. Examining Trial
Article 18.15. Certify Record to Proper Court
Article 18.16. Preventing Consequences of Theft
Article 18.17. Disposition of Abandoned or Unclaimed Property
Article 18.181. Disposition of Explosive Weapons and Chemical Dispensing Devices
Article 18.182. Disposition of Item Bearing Counterfeit Mark
Article 18.183. Deposit of Money Pending Disposition
Article 18.19. Disposition of Seized Weapons
Article 18.191. Disposition of Firearm Seized From Certain Persons With Mental Illness
Article 18.22. Testing Certain Defendants or Confined Persons for Communicable Diseases
Article 18.23. Expenses for Motor Vehicle Towed and Stored for Certain Purposes