SB857

Regular Session

Relating to the authorized removal of certain motor vehicles.

ModeratePlan for compliance

Low Cost

Effective:2025-09-01

Enforcing Agencies

Texas Department of Public Safety (License and Weight Inspectors) • All Texas Peace Officers (Municipal Police, Sheriffs, Constables)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025
Compliance Deadline: August 1, 2025 (Recommended target to ensure monitoring systems and insurance protocols are active prior to enforcement).
Agency Rulemaking: None required. The statute grants immediate enforcement authority to officers on the effective date without need for further DPS administrative rules.

Immediate Action Plan

1. Audit Insurance Proof: Physically verify that every fleet vehicle contains a current, unexpired insurance card today. Do not rely on drivers to check.
2. Activate Continuous Monitoring: Subscribe to a service that alerts HR/Safety immediately upon a change in a driver's license status.
3. Update Policy Handbooks: Issue a memo stating that operating a company vehicle with an invalid license is grounds for immediate termination.
4. Review Insurance Exclusions: Verify your commercial auto policy covers damages/fees incurred if the vehicle is operated by an unlicensed driver; many policies exclude this, leaving you self-insured for the incident.

Operational Changes Required

Contracts

Employment Agreements: Insert a mandatory "Duty to Notify" clause requiring employees to report any license suspension, revocation, or expiration within 24 hours. Include indemnification language holding the employee liable for impound/towing fees resulting from their licensure status.
Third-Party Logistics (3PL) & Vendor MSAs: Amend Master Service Agreements to require vendors to indemnify your company for costs (including delay penalties and spoilage) if a subcontracted load is impounded due to the vendor's driver eligibility.

Hiring/Training

Continuous Monitoring: Transition from annual Motor Vehicle Record (MVR) checks to a continuous monitoring service. You must know if a driver’s license is suspended immediately, not at the end of the year.
Dispatch Protocols: Dispatchers must be trained to verify license status prior to releasing keys or authorizing a run.
Driver Training: Train drivers on the specific requirement to carry physical or offline-accessible digital proof of insurance to prevent "failure to display" impoundments.

Reporting & Record-Keeping

Impound Retrieval Kits: Equip fleet managers with ready-access files containing vehicle titles, powers of attorney, and proof of corporate ownership to expedite vehicle release from impound lots.
Driver Qualification Files: Update files to include signed acknowledgments of the new immediate-termination policy regarding driving while suspended.

Fees & Costs

Direct Costs: No new state fees or taxes.
Risk Costs: Liability for towing fees (variable), daily storage fees, and significant indirect costs associated with supply chain interruption and asset downtime.

Strategic Ambiguities & Considerations

Officer Discretion ("May" vs. "Shall"): The statute states an officer *may* remove the vehicle. This creates discretionary enforcement. Expect inconsistency; DPS troopers may enforce strictly, while municipal police may exercise leniency. Prepare for the strictest interpretation.
The "Co-Pilot" Exception: The law does not explicitly mandate release of the vehicle if a licensed passenger is present and capable of driving. Until case law or department policy clarifies this, assume the officer has the authority to impound the vehicle regardless of who else is in the cab.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsLaw Enforcement Vehicles & Traffic Vehicles & Traffic--driver's Licenses

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

Senate Research Center	S.B. 857
89R3007 AJZ-D	By: Schwertner
	Transportation
	3/4/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

With the increasing number of drivers operating vehicles without valid licenses or proper insurance, S.B. 857 is particularly relevant in enhancing public safety and maintaining accountability on the roads. Drivers with suspended, revoked, or no licenses often pose a heightened risk, as they may not meet basic legal requirements, including driving education, insurance, or even knowledge of traffic laws. Allowing officers the authority to tow these vehicles directly improves safety for all road users.

S.B. 857 would grant law enforcement officers the discretion to tow vehicles if the driver is unlicensed, has a suspended, canceled, or revoked license, or fails to provide valid proof of insurance. This bill addresses a critical gap in public safety by providing law enforcement with an additional tool to better ensure compliance with licensing and insurance laws.

Key Provisions

The bill proposes amendments to the Texas Transportation Code, specifically Section 545.305, to authorize law enforcement officers to tow vehicles under the following circumstances:

Unlicensed Drivers: Vehicles operated by individuals who have not been issued a valid driver's license or permit.

Suspended, Canceled, or Revoked Licenses: Vehicles operated by individuals whose driving privileges have been suspended, canceled, or revoked.

Insurance Violations: Vehicles operated in violation of Section 601.191, which pertains to required vehicle insurance.

As proposed, S.B. 857 amends current law relating to the authorized removal of certain motor vehicles.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends the heading to Section 545.305, Transportation Code, to read as follows:

Sec. 545.305. AUTHORIZED REMOVAL OF CERTAIN MOTOR VEHICLES.

SECTION 2. Amends Section 545.305(a), Transportation Code, as follows:

(a) Authorizes a peace officer listed under Article 2A.001 (Peace Officers Generally), Code of Criminal Procedure, or a license and weight inspector of the Department of Public Safety to remove or require the operator or a person in charge of a vehicle to move a vehicle from a highway if the vehicle:

(1)-(7) makes no changes to these subdivisions;

(8) is operated by a person:

(A) creates this paragraph from existing text and makes no further changes; or

(B) in violation of Section 521.021 (License Required), 521.457 (Driving While License Invalid), 601.191 (Operation of Motor Vehicle in Violation of Motor Vehicle Liability Insurance Requirement; Offense), or 729.002 (Operation of Motor Vehicle by Minor Without License); or

(9) makes no changes to this subdivision.

SECTION 3. Effective date: September 1, 2025.

Senate Authors

Sen. Charles SchwertnerRepublican · Primary Author

House Sponsor

Rep. AJ LouderbackRepublican · Primary Sponsor

Bill Text(with markup)

S.B. No. 857

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to the authorized removal of certain motor vehicles.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. The heading to Section 545.305, Transportation
	Code, is amended to read as follows:
	Sec. 545.305. AUTHORIZED REMOVAL OF CERTAIN MOTOR VEHICLES
	[~~UNLAWFULLY STOPPED VEHICLE~~].
	SECTION 2. Section 545.305(a), Transportation Code, is
	amended to read as follows:
	(a) A peace officer listed under Article 2A.001, Code of
	Criminal Procedure, or a license and weight inspector of the
	department may remove or require the operator or a person in charge
	of a vehicle to move a vehicle from a highway if the vehicle:
	(1) is unattended on a bridge, viaduct, or causeway or
	in a tube or tunnel and the vehicle is obstructing traffic;
	(2) is unlawfully parked and blocking the entrance to
	a private driveway;
	(3) has been reported as stolen;
	(4) is identified as having been stolen in a warrant
	issued on the filing of a complaint;
	(5) is unattended and the officer has reasonable
	grounds to believe that the vehicle has been abandoned for longer
	than 48 hours;
	(6) is disabled so that normal operation is impossible
	or impractical and the owner or person in charge of the vehicle is:
	(A) incapacitated and unable to provide for the
	vehicle's removal or custody; or
	(B) not in the immediate vicinity of the vehicle;
	(7) is disabled so that normal operation is impossible
	or impractical and the owner or person in charge of the vehicle does
	not designate a particular towing or storage company;
	(8) is operated by a person:
	(A) an officer arrests for an alleged offense and
	the officer is required by law to take the person into custody; or
	(B) in violation of Section 521.021, 521.457,
	601.191, or 729.002; or
	(9) is, in the opinion of the officer, a hazard,
	interferes with a normal function of a governmental agency, or
	because of a catastrophe, emergency, or unusual circumstance is
	imperiled.
	SECTION 3. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


March 11, 2025

TO:	Honorable Robert Nichols, Chair, Senate Committee on Transportation

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB857 by Schwertner (Relating to the authorized removal of certain motor vehicles.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

405 Department of Public Safety

LBB Staff:

JMc, AAL, CSh, KVEL

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Frequently Asked Questions

Common questions about SB857

What does Texas SB857 do?

SB857 grants Texas peace officers and license and weight inspectors the explicit statutory authority to immediately tow and impound vehicles if the operator fails to present a valid driver’s license or proof of financial responsibility (insurance). This legislation converts standard traffic violations into immediate asset seizure events, posing significant disruption risks to logistics carriers, service fleets, and businesses utilizing company vehicles. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: August 1, 2025 (Recommended target to ensure monitoring systems and insurance protocols are active prior to enforcement).

Who authored SB857?

SB857 was authored by Texas Senator Charles Schwertner during the Regular Session.

When was SB857 signed into law?

SB857 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce SB857?

SB857 is enforced by Texas Department of Public Safety (License and Weight Inspectors) and All Texas Peace Officers (Municipal Police, Sheriffs, Constables).

How urgent is compliance with SB857?

The compliance urgency for SB857 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of SB857?

The cost impact of SB857 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does SB857 address?

SB857 addresses topics including law enforcement, vehicles & traffic and vehicles & traffic--driver's licenses.

Legislative data provided by LegiScanLast updated: November 25, 2025

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