HomeMy WebLinkAboutOrdinances (O-86-608)-04/15/1986
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ORDINANCE NO. 0-86-608
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AN ORDINANCE PROVIDING THAT ARTICLE 6687-9a AND 6701g-3 SHALL
NOT APPLY WITHIN THE CITY LIMITS OF THE CITY OF COLLEYVILLE,
TEXAS.
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WHEREAS, the Legislature of the State has passed Senate Bill
1388 (1985 Legislataive Session) which has been signed
by the Governor; and
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WHEREAS, such bill is codified as Article 6687-9a and 6701g-3,
Vernon Civil Statutes; and
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WHEREAS, such legislation allows the governing body of a city
to provide by ordinance that such legislation shall not
apply inside the city limits of said city; and
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WHEREAS, the City Council finds that this city should be
11 exempted from the terms of such legislation;
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS:
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Sec. 1.
That the terms of Senate Bill 1388 (1985 Legislative
Session), being Articles 6687-9a and 670Ig-3, Vernon
Civil Statutes, shall not apply inside the city limits
of this city.
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Sec. 2.
That the City Secretary is directed to deliver a copy
of this Ordinance to the Texas Department of Labor and
Standards.
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AND IT IS
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CITY OF COLLEYVILLE
ATTEST:
By:.l/i.YM.,.
J R. Hubbard
Mayor
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:9, AND 'FEttM'E'S:
Title 116
er, motOr number,
article or violates a
), 1977. Subsec. (a)(2)
3, 1979; Subser. (a)(5)
13, 1979; Subsec, (f)
13, 1979; Subsee. (b)
1981; .Act.'! 1983, 68th
I!( stat.utory revision
e of ~ 6 or th~ 1988
:I that the amendment
!"tide to the enactment
~nt Ad (art. 4477-9a).
o furnish buyer with
til nine months after
csult that vehicle was
Tennison (App. 1 Dist.
-ly assigned Certifi-
~d to the transferee
)87-5, Revl8ed Civil
! tran8feree within
unty Tax AS8e8fwr-
lder the Certificate
'il Statutes), and 88
'eeg required under
~rnon'8 Texas Civil
ansfer fee of Two
In; provided that if
20) working days a
the filing of such
-Ie upon application
bondsmen shall be
Ity is not collected.
~ctor shall retain as
,ration and one-half
wons and the other
!mitted to the State
ay of each week as
d remitted. Upon
nd registration the
;sessor-Collector as
!e 6687-1, Vernon's
,sue or cause to be
In for transfer of
ble rules and regu-
" to carry out the
[Jon the transfer of
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Art. 6687-9a
ROADS. BRIDGES, AND FERRIES
Title 116
any vehicle from one person to anothf!r in the State of TexM, all papers or
documents relating to or supporting transfer of registration and/or Certificate of
Title shall be executed in full and dated as of the date of such transfer, and any
person who shall transfer a vehicle and execute such papers or documents 8S
provided for herein wholly or partly in blank leaving out any information that is
required to be furnished, shall be guilty of a misdemeanor and shall be fined in
any sum not less than Fifty Dollars ($fiO) and not exceeding Two Hundred
Dollars ($200). It is further provided that any transferee who accepts transfer
papers 88 herein provided executed wholly or partly in blank or any person who
alters, changes, or mutilates such transfer papers, or whoever violates any
provision of this Section for which no specific penalty is provided shall be' gUilty
of a misdemeanor and shall be fined in any sum not less than Fifty Dollars ($50)
nor exceeding, Two Hundred Dollars ($200). In this Article, the term "working
day" means any day except Saturday, Sunday, or a holiday on which county
offices are closed.
Amended by Acts 1979, 66th Leg., p. 720, ch. 316, ~ 1, eff. June 6, 1979; Acts 1983, 68th
Leg., p. 373, ch. ~1, f 100h), eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4713, ch. 822, f 6,
err, Aug. 29, 1983.
Section 2 of the 1979 amendatory act
provides:
"The time limit for filing a transfer of
title and registration for a used or second-
hand vehicle transfetTed before the effec-
tive date of this Act is covered by the law in
effect when the transfer occurred. The
fonner law ill continued in effect for the
enforcetnent ot that time limit and the pros-
ecution of violations."
Section 10(m) of Acts 1988, 68th Leg., p.
876, ch. 81, provides:
"Subsection (h) of this section applies to a
fee for a transfer occurring on or after
September 1, 1983. A fee for a transfer
occurring before September I, 1983, is gov-
erned by the law as it existed August 31,
1983, and that law is continued in effect for
that purpose."
Cross Referencell
Secondhand or used motor vehicle, pur-
chase or receipt, presumption of knowledge
of stolen property upon failure to file evi-
dence of title pUl'8uant to this article, see
V.T.C.A. Penal Code, f 31.03(c)(6)(B).
Art. 6687-9. Repealed by Acta 1981, 67th Leg., p. 272~, ch. 741, 0 2(1), elf.
Jan. 1, 1982; Acts 1983, 68th Leg., p. 5240, ch. 964, ~ 7(a), elf. Aug.
29, 1983
Thill article was repealed by Acts 1981,
67th Leg., p. 2725, rh. 741, ~ 2(1), eff. Jan.
I, 1982, without reference to the amend-
ment of Of 4, 6, 8(a), and 10 of this article
by Acts 1981, 67th Leg., p. 3075, ch, 811,
If 1 to 4, eff. Aug. 31, 1981. Sections 4, 6,
8{a) and lOot this article as so amended
were repealed by Acts 1988, 68th Leg., p.
5240, ch. 964, f 7(a). I
Prior to repeal, this article WIUl al80
amended by Acts 1977, 65th Leg., p. 1127,
ch. 422, U 1, 2; Acts 1979, 66th Leg., p.
1054, ch. 485, f 1.
Section 9 of the 1983 repealing act pro-
vides:
"This Act is intended 8S 8 recodification
only, and no substantive change is intended.
Section 3.11, Code Construction Act (Article
5429b-2, Vernon's Texas Civil Statutes), ap-
plies to this Act as if this Act were part of
the state's continuing statutory revision
program,"
See. now, art. 4477-9a, f 5.01 et seq.
Art. 6687-98. Vehicle Storage Facility Act
Short Title
Sec. 1. This article may be cited as the Vehicle Storage Facility Act.
Definitions
Sec. 2. In this article:
(1) "Department" means the Texas Department. of Labor and Standards.
(2) "Vehicle storage facility" means a garage, parking lot, or any type of
facility owned by a person other than a governmental entity for Btoring or
parking 10 or more vehicleB.
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Art. 6687-9a ROADS, BRIDGES, AND FERRIES
Title 116
(3) "Vehicle" means a motor vehicle subject to registration under the Certifi-
cate of Title Act (Article 6687-1, Vernon's Texas Civil Statutes) or any other
device designed to be self-propelled or transported on a public highwar-
(4) "Owner of a vehicle" means:
(A) a person in whose name the vehicle is registered under the Certificaw of
Title J\ct (Art~cle 6687-1, Vernon's Texas Civil Statutes);
(B) a person in whose name the vehicle is registered under Section 2, Chapter
88, General Laws, Acts of the 41st Legislature, 2nd Called Session, 1929 (Article
6675a-2, Vernon's Texas Civil Statutes), or a member of the person's immediate
family;
(C) a person who holds the vehicle through a valid lease agreement; or
(D) an unrecorded lienholder whollc right to posl:less the vehicle exist.sthrough
a chattel mortgage.
ROADS, '~IDGES
~e lIi .
(1) the appllC?ont
application;
(2) the appli~t,
officers hu been
maximum punishme
three years precedil
(3) the vehicle stA
the standards for II
Exception
Sec. 3. This article does not apply to a vehicle parked or stored at a vehicle
storage facility with the consent of the vehicle's owner. This article does not
apply to a vehicle storage facility operated by a person licensed pursuant to the
Texas Motor Vehiele Commission Code.l
1 Article 4413(36)_
Sec. 8. If the de
the department sha
address shown on
The notice shall st
appli~t is entitled
article. The notice
by the applicant. I
the requirements of
after the date the
approve the applica
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Authority
Sec. 4. (a) The department is authorized to issue licenses to operate vehicle
storage facilities. . .
(b) The department shall adopt rules establishing requirements for the licens-
ing of persons to operate vehicle storage facilities to ensure that licensed storage
facilities maintain adequate standards for the care of stored vehicles.
Prohibition
Section effective April 1, 1986
Sec. 5. A person may not operate a vehicle storage fil-Cility unleSS the person
holds a current license t.o operate a vehicle storage facility issued to the person
by the department. .
Sec. 9. (a) A liel
year in which it is i
(b) A person may
tion form approved
must be :aeeompanil
(c) If an' applieati
day after the expiJ:
(d) A person who
a,pply for a new liel
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Application
Sec. 6. (a) The department by rule shall determine the types of information
to be supplied on an application for a license under this article, but the rules
must require that an application be made under oath and list:
(1) each conviction of a felony, or a misdemeanor for which the maximum
punishment is by confinement in jailor by a fine exceeding $200, that w,as
obtained against the applicant or a partner or officer of the applicant in the three
years immediately preceding the date of the application;
(2) the name ~nd address of each partner, if the applicant is a partnership; and
(3) the name and address of the president, secretary, and treasurer of the
corporation, if the applicant is It corporation.
(b) The application of a corporation must be signed and sworn to by the
president and s(:lcretary of the corporation.
(c) An application under this section must t>e accompanied by a nonrefundable
fee of $100.
Sec. 10. (a) The
renew a Iicell8e isl
(1) Ute licensee, !l
has . been convicted
puriis~ment is byc(
relates to a duty' 0
(2) the vehicle ate
standard for a ve
(3) the licensee kl
the lll:eQllCe, with t
(b) The departme
by eertified mail, n
of the decision.
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Approval
Sec. 7. The department shall approve an application that is submitted as
provided by Section 6 of this article for a license to operate a vehicle storage
facility unless the department determines that: ' .
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Sec. 11. (a) All
facility ~ been de
renew a licenae ha
person receives not
before the departm
(b) The provision
(Article 6262-18&, ,
r
9t
ul___ J
.1
!lGES, AND FEltRI~S
Title IJIl
"ation tinder the Certifi-
Statutes) or any other
public highway.
Ilnder the Certificate of
nder Section 2, Chapter
!d Session, 1929 (Article
the person's immediate
r lea!'le agreement; or
~ vehicle exists thtough
I or !'ltored at a vehicle
This article does not
censed pursuant to the
!lses to operate vehicle
rements for the Iicens-
'e that licensed storage
red vehicles.
~i1ity unless the Person
y issued to the person
~ types of itif6nnation
article, but the rules
list:
which the maximum
eding $200, that ~a.s
, applicant in the three
t is a partnership; and
and treasurer of the
lnd sworn to by the
!d by a nonrefundable
that is submitted as
ate a vehicle storage
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ROADS;, BRIDGES. AND FERRIES Art. 6687 -9a
Title 116
. (1) the applicant knowingly supplied false or incomplete information on the
application;
(2) the applicant, one of the applicant's partners, or one of the applicant's
officers has been convicted of a felony, or a misdemeanor for which the
maximum punishment is by confinement in jail or by a fine exceeding $500, in the
three years preceding the date of the application; or
(3) the vehicle storage facility for which the license is sought does not meet
the standards for storage facilities established by the rules of the department.
Notice of Denial
Sec. 8. 1f the department denies an application fora license under this article,
the departfnent shall send written notice of its decision to the applicant, at the
address shown on the application, by certified mail, return receipt requested.
The notice shall state the reason for the department's decision and that the
applicant is entitled to a hearing before the department under Section 11 of this
article. The notice may state that the decision is temporary pending compliance
by the applicant. If the decision is temporary and the applicant complies with
the requirements of this article and rules of the department before the 15th day
after the date the applicant receives the notice, the department shall then
approve the application.
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Term of License
Sec. 9. (a) A license issued under this article expires on December 81 of the
year in which it is issued.
(b) A person may apply to the department to renew the license on an applica-
tion form approved by the department. An application for renewal of a license
nlust be accompanied by a fee of $100.
(c) If an application for renewal of a license is not submitted before the 31st
day after the expiration date of the license, the license may not be renewed.
(d) A person whose license expires and is not renewed under this seetion may
apply for a new license under Section 6 of this article.
aeYocatlon
Sec. 10. (a) ThE! departTnent may revoke a license or deny an application to
renew. a li~enBe issued under this article if the department determines that:
(1) the licensee, one of the licensee's partners, or one of the licensee's officers
has been convicted of a felony, or a misdemeanor fot which the maximum
punishment is by confinement in jail or by a fine exceeding $500, which directly
relates to a duty or responsibility of an operator of a vehicle storage facility;
(2) the vehicle storage facility for which the license was issued does not meet a
standard for a vehicle storage facility set by rule of the department; or
(3) the licensee knowingly violated a nIle of the department, or an employee of
the licensee, with the licensee's knowledge, violated a rule of the department.
(b) The department shall send notice of the revocation or denial to the licensee
by certified mail, return receipt requested, before the eighth day after the date
of the decision.
Hearln,
Sec. 11. (a) A person whose application for a license to operate a stora~
facility has been denied, whose license has been revoked, or whose application to
renew a license has been denied may, before the 15th day after the date the
person receives notice of the revocation or denial, request in writing a hearing
before the department on the revocation or denial.
(b) The provisions of the Administrative Procedure and Texas Register Act
(Article 6252-13a, Vernon's Texas Civil Statutes), relating to notice and hearings
135
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Art. 6687-98 ROADS. BRIDGES. AND !4'ERRIES
Title 116
on contested cases, apply to notice and hearings on denial, revocation, and
renewal of licenses under this article.
(c) A hearing under this section is an exhaustion of administrative remedies,
and an appeal froI'fla hearing is to the district court having jurisdicti<1D over the
applicant .or licensee.' . .'
Validity of License
Sec. 12. (a) A license issued under this article is nat valid far any persan
other than the persan wha applied far the license. _
(b) A license issued under this article applies only to a single vehicle storage
facility named on the license.
Local Option
Sec. 13. (a) The governing body of a city by ordinance may provide that this
/article and rules adopted under this article do not apply inside the limits of the
city.
(b) On adopting an .ordinance under this section, the gaverning body sh~ll
deliver a capy .of the .ordinance to the department.
(c) An .ordinance adopted under this sectian takes effect an the first day of the
month fallawing the manth in which the ordinance is adopted.
(d) If the governing body .of a city repeals an .ordinance adapted under this
section, the gaverning bady shall natify the department .of ita act as s.oan ~
practicable after the repeal.
Enforcement
Sec. 14. A peace .officer .or license and weight inspector .of the Department .of
Public $Jlfety may make an arrest far a vialatioJl .of a rule ~opted u.n~r this
article. .
Use of Fees
Sec. 15, The department shall remit all fees collected under this article to the
State Treasurer far depasit in the State Treasury to the credit of a fund to be
used, sQ.bject to legisliltive appropriatian, for adminis1;.erin,g this aJ1.icle.
Effect of Hearing on Fees
Sec. 16. A hearing under Article 6701g-3, ~evised Statutes, to determine
whether there \Vas probable cause far maving a vehicle to a vehicle storage
facility does nat affect the amaunt .of fees due far remaving and storing the
vehicle. . '.
Added by Acts 1985, 69th Leg., p. 5087, ch. 675, A I, eff. Jan. I, 1986.
Sectians 3 and, 4 of the 1985 Act provide: Title of Ad:
"Sec. a. Not later than September I,
1985, the Texas Department of L;1bar and
Standards shall adapt rules required by Ar-
ticle 6687'-9a, Revised Statutes, as added by
this Act.
"Sec. 4. (a) Except as pravided by Sub-
,sectian (b) .of thill lIection, thill Act takes
effect January I, 1986, and applies to the
placement of motor vehicles in storage facil-
ities on or after that date.
"(b) Section 6, Article 6687-9a, Revilled
Statutes, as added by thill Act, takell effect
April I, 1986, and applies to the placement
of mqtor vehicles in storage facilitiell 011 or
after that date."
An Act relating to the licensing and regu-
lation of and the plaCflri1ent of motor ve-
hicles in motor vebjele storage facilities;
providing for enfarcement and far fees and
their use; giving certain rights to owners .of
vehicles, as defined in the Act; imposing
certain responsibility an the Texas Dt!part-
ment of Labor and Standards; adding Arti-
cles 6687-9a and 6701g-3 to Title 116, Re-
vised Statutell. Acts 1986, 69th Leg., p.
6087, ch. 676.
CrOlt15 References
Rights of owner of a stored vehicle, see
art. 6701g-3.
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ROADS, BR
Title 116
Art. 6696b.
N(
Evidence 2
Ven... 1
1. Venue
Where evid.
that offense 01
motor vehicle
cation in state
he was resider
tion was broul
v. State (App.:
2. Evidence
Where defe
tempt to sho\
validity .or ame
odometer read
Art. 6698. ]
N,
Contnu:tlI 1 )
3. rowers 01
, of ord.~
Absent' sh
wrecker perm
essary for reg
within city, c
permit far opt
not impuae Q
prohibited by
palities to lice
vehicles far h
of occupation
vehiele8. Utt
S.W.2d 934.
8. - Opel
nances
City of El
Wall nat appli
Art&. 6699, '
See, now, a
Art. 6700.
See, now, B
Art. 67011/1.
A. Mam:
Standards J
7S Tex.SlaI$
19861
ROADS, BRIDGES, AND FERRIES
Title 116
I towing company
ay, without the consent of the owner or
~, remove and store such vehicle at the
the vehicle, if any of the following occurs:
se persons who . may park in the parking
e placed so that they are readable day or
Ig facility (but signs need not be iIIuminat-
red written verification from the parking
'ator of the unauthorized vehicle has been
lity owner that the vehicle will be towed
ructing an entrance, exit, fire lane, or aisl~
may not remove an unauthorized vehicle
officer or th~ owner or operator of such
ighway by towing company
t remove a vehicle fl'9rn a public highway
officer or the OWner or operator of such
ompany by p~r~tn, facility owner
LY not accept anything of value, directly or
connt!ction with the removal of a vehicle
'acility owner may not have a pecuniary
ing company which removes unauthorized
{jng facility in which the parking facility
ng facility by towing company
lOt give anything of value, directly or
I connection with the removal of a vehicle
lpany may not have a pecuniary interest,
licility .from which the towing company
,pensation~
,mages; attorney's fees
parking facility owner who violates this
~ra~r of the'vehicle for damages arising
'chIcle and/or any towing or storage fees
I or storage of such vehicle. Negligence
~r or towing company need not be proven
Act, the prevailing party shall recover
Iprevailing party.
injunction
91ass B misdemeanor. Any violatiOn of
Hned pursuant to the provisions of the
otection Act.!
.0 8, ~ff. Aug. 29, 1977.
8
ROADS,B,ijIDG1i4S, ~n FEn~IES
TI.le ,Wi
~w Review Coplmentarlea
Statutory attorney fees in Texas; Up-
date. Ralph H. BrQCk" 41 T~xas Bar J, fin
(1978),
.Art;, .fi7.o1g.,3
Library Referem:es
i\utomobilll8 f:o>368, 370, a9~.
C.J .S. Moror V eh~ it 72l, 724, 728 et
, seq.
Art. 6701g-3. Righ~ of Owner of Ii Stored Vehicle
DefinitiQns
Sec. 1. In this article:
(1) "Vehicle storage facility" has the meaning assigned to that term by Article
6687-9a, Revised St4tutes. ',-
(2) "Vehicle" has the meaning assigned to. that term by Article 6687-9a,
Revised Statutes.
Right to H~aring
Sec. 2. If a vehicle has been moved and placed in a vehicle storage facility
without the consent of the owner, the owner is entitled to a hearing to determine
whether or not probable cause existed for the removal and placement of the
vehicle. A hearing under this article shall be before a justice of the peace or
magistrate in who.fie jurisdiction the vehicle I>torage facility is l~ted.
~~~
,Sec. a. (a) A person entitled to a hearing under this /lrticl~ must deliver a
written request for the hearing to the COijrt before the sQcth day after tile date
the vehicle Wa.,li placed in the vehicle -8torage.f~ity. In computing time under
this subsection, Saturdays, Sundays, and legal holidays are exclu4ed. A perSOQ
who fails ~ deliver the request within the spec~,ed time ~.~ ~:~ right
t.o the hearmg. . . .
(b) A written notice unqer this section must contain the following info,l'1ll11UOn;
. (1) the name, address, and telephone number of the owneJ; of the vehi.ele;
(2) the date and the location from whicb the vehicle wa~ removed;
(3) the name, address, and telephone number of the person or law enforcement
agency who authorized the removal; and ' . .
(4) the name, address, and telephone number of the vehicle storage facility
where the vehicle was placed. . 'I
. . ':
If.eariq,
Sec. 4. (a) A hearing under thia article shall be held before the fourth
working day after the date the request for the hearing was received by the court.
(b) The court shall notify the vehic1e!s ()wner and the person or law enforce-
ment agency who authorized the removal of the vehicle of the date, time, and
place of the hearing.
(c) The court may charge a filing fee of $10 for a hearing u~r this article
and may award court costs to the prevailing party. ' . '. !.
(d) The sole issue in a hearing under this article is whether or not probable
cause existed. for the removal and placement of the vehicl~.
(e) The court shall make written findipgs of fact and a conclusion of law
regarding the issue in the hearing. . ,!
Payment of Stor~e Co.ta
Sec. 5. (a) If the court determines thatprobabl~ cause existed .for the remov-
al and placement of the v~hicle, the OWnel' of the vehicle lJhall P3Y the COll~ Qf
r~oving and storing the vehicle.
(b) If the court does not determine that pf.Qbable ca,Ull6 ~iated for the removal
and placement of the vehicle, the person or law enforcement agency w~
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Art. 6701g-3 ROADS. BRIDGES. AND FERRIES
Title 116
authorized the removal shall pay the costs of removing and storing the vehicle.
If the vehicle's owner paid removal or storage costs before the hearing. the
person or law enforcement agency shall fully reimburse the owner.
Added by Acts 1985, 69th Leg., p. 5092, ch. 675, fi 2, eff. Jan. 1, 1986.
Section 4 of the 1985 Act provides; , Tjt~e..r Ac~:
"(a) Except as provided by Subsection (b) An Act relating to the licensing and regu-
of this section, this Act takes effect Janu- lation of and the placement of motor ve-
ary 1, 1986, and applies to the placement of hicles in motor vehicle storage facilities;
motor vehicles in storage facilities., on or providing for enforcemeIlt and ~or fees and
after that date. their use; giving certain rights tP owners of
vehicles, as defined intheAc~; imposing
"(b) Section 5, Article 6687-9a, Revised certain responsibility on the Texas Depart-
Statutes, as added by this Act, takes effect ment of Labor and Standards; adding Arti-
April 1, 1986, and applies to the placement cles 6687-9a and 670l~--3 to Title 116, Re-
of motor vehicles in storage facilities on or vised Statutes. Acts 1985, 69th Leg., p.,
after that date." 5087, ch. 675.
Art. 670lh. Safety Responsibility Law
ARTICLE I-WORDS AND PHRASES DEFINED
Definitions
Section 1. The following words and phrases, when used in this Act, shall, for
the purposes of this Act, have the meanings respectively ascribed to them in this
aection, except in. thOlJe instances where the context clearly indicates a different
meaning:
1. "Highway" means the entire width between property lines of any road,
street, way, thoroughfare, or bridge in the State of Texaa not privately owned or
controlled, when any part thereof is open to the public for vehicular t11atfie and
over which the State has legislative jurisdiction under its 'police power. .
2. "Judgment"-Any judgment which shall have become final by expiration
without appeal of the time within which an appeal might have been perfected. or
by final affirmation on appeal, rendered bya court of' competent jurisdiction of
tuly state or of the United ,Sta.tea. upon a ~a,WJe of action arising put of the
ownership, maintenance or use of any motor vehicle~ for damages, incluqing
damages for care and loss of services, because of bodily injury to or death of any
person, or for damages because of injury to or destruction of property, ~ncluding
the loss of use thereof, or upon a callSe of adiion on an agreement of settlement
for such damages.
3. "Motor Vehicle"-Every self-propelled vehicle which is designed for use
upon a highway, including trailers and semitrail~r8 designed for use with such
vehicles (except traction engines, road rollers and graders, tractor cranes, power
shovels, well drillers and implements of husbandry) alld every \l~picle which is
propelled by electric power obtalped fN,ffi ove~~ wir~ b\l,t no~ operateQ up<?J1
~~ ,
4. "License"-Any driver's, operator's, commercial operator's, or chauffeur'li;
license, temporary instructiQn permit or temporary., ..' IjceIme, . or. r, ~tricte. d,,:.li~. n. se,'
issued under Article 6687b, Texas Revised CiVil .S~~~tes, pertaiIlin~ to the
licensing of persons to operate motor vehicles. . .
5. "Nonresident"-Every person who is not a resident o( the State of Texas.
6. "Nonresident's Operating Privilege"-The privilege conferred upon a non-
resident by the laws of Texas pertaining to the' operation by him of a motor
vehicle, or the use of a motor vehicle owned by him, in the State Qt. Texas.
7. "Operator"-Every person who it! in actual physical control of a motor
vehicle. .
100
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