Bill Text: TX SB1371 | 2011-2012 | 82nd Legislature | Introduced


Bill Title: Relating to the regulation of the towing, booting, and storage of vehicles.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-04-06 - Left pending in committee [SB1371 Detail]

Download: Texas-2011-SB1371-Introduced.html
  82R9670 SLB-F
 
  By: Carona S.B. No. 1371
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of the towing, booting, and storage of
  vehicles.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2303.1511, Occupations Code, is amended
  by adding Subsection (c) to read as follows:
         (c)  This section does not apply to a vehicle received as a
  result of an incident management tow requested by law enforcement.  
  In this subsection, "incident management tow" has the meaning
  assigned by Section 2308.002.
         SECTION 2.  Section 2303.160(c), Occupations Code, is
  amended to read as follows:
         (c)  Subsection (b) does not require a vehicle storage
  facility to release a vehicle to the owner or operator of the
  vehicle if the owner or operator of the vehicle does not:
               (1)  pay the charges associated with delivery or
  storage of the vehicle; and
               (2)  present valid photo identification issued by this
  state, another state, [or] a federal agency, or a foreign
  government.
         SECTION 3.  Section 2308.057(b), Occupations Code, is
  amended to read as follows:
         (b)  The commission by rule shall adopt:
               (1)  standards of conduct for license and permit
  holders under this chapter; and
               (2)  requirements for a consent tow, private property
  tow, and incident management tow.
         SECTION 4.  Section 2308.159(c), Occupations Code, is
  amended to read as follows:
         (c)  A license holder may renew a license issued under this
  chapter by:
               (1)  submitting an application on a form prescribed by
  the executive director;
               (2)  submitting evidence demonstrating compliance with
  the requirements for the license;
               (3)  paying a renewal fee; and
               (4) [(2)]  completing continuing education as required
  by Section 2308.157.
         SECTION 5.  Section 2308.206(a), Occupations Code, is
  amended to read as follows:
         (a)  A [Before January 31 of each year, a] towing company
  shall file with the department a fee schedule showing each towing
  fee that the towing company charges or collects in connection with a
  nonconsent tow:
               (1)  with an original application for a license under
  this chapter;
               (2)  on renewal of a license issued under this chapter;
               (3)  on the date the towing company changes a fee on a
  previously filed fee schedule; and
               (4)  as required by commission rule.
         SECTION 6.  The heading to Section 2308.255, Occupations
  Code, is amended to read as follows:
         Sec. 2308.255.  TOWING COMPANY'S OR BOOT OPERATOR'S 
  AUTHORITY TO REMOVE AND STORE OR BOOT UNAUTHORIZED VEHICLE.
         SECTION 7.  Section 2308.255(d), Occupations Code, is
  amended to read as follows:
         (d)  A towing company may remove and store a vehicle under
  Subsection (a) and a boot operator may boot a vehicle under Section
  2308.257 only if the parking facility owner:
               (1)  requests that the towing company remove and store
  or that the boot operator boot the specific vehicle; or
               (2)  has a standing written agreement with the towing
  company or boot operator to enforce parking restrictions in the
  parking facility [from which the vehicle will be removed].
         SECTION 8.  Section 2308.257, Occupations Code, as added by
  Chapter 757 (S.B. 702), Acts of the 81st Legislature, Regular
  Session, 2009, is redesignated as Section 2308.2555, Occupations
  Code, to read as follows:
         Sec. 2308.2555 [2308.257].  REMOVAL OF CERTAIN UNAUTHORIZED
  VEHICLES IN RURAL AREAS. (a) This section applies only to an
  abandoned vehicle that has damaged a fence on private property in a
  rural area.
         (b)  A law enforcement agency directing a towing company or
  tow operator to remove an abandoned vehicle that is located on
  private property shall provide the towing company or tow operator
  with the name and telephone number of the property owner or the
  owner's agent if the owner or agent has provided the information to
  the law enforcement agency.
         (c)  A towing company or tow operator provided with
  information under Subsection (b) shall contact the property owner
  or the owner's agent before entering private property to tow a
  vehicle described by Subsection (a).
         SECTION 9.  Section 2308.301(b), Occupations Code, is
  amended to read as follows:
         (b)  Except as provided by Section 2308.305, an unauthorized
  vehicle may be towed under Section 2308.252(a)(1) or booted under
  Section 2308.257 only if each sign prohibiting unauthorized
  vehicles:
               (1)  is made of weather-resistant material;
               (2)  is at least 18 inches wide and 24 inches tall;
               (3)  contains the international symbol for towing
  vehicles;
               (4)  contains a statement describing who may park in
  the parking facility and prohibiting all others;
               (5)  bears the words, as applicable:
                     (A)  "Unauthorized Vehicles Will Be Towed or
  Booted at Owner's or Operator's Expense";
                     (B)  "Unauthorized Vehicles Will Be Towed at
  Owner's or Operator's Expense"; or
                     (C)  "Unauthorized Vehicles Will Be Booted at
  Owner's or Operator's Expense";
               (6)  contains a statement of the days and hours of
  towing and booting enforcement; and
               (7)  contains a number, including the area code, of a
  telephone that is answered 24 hours a day to enable an owner or
  operator of a vehicle to locate a towed vehicle or to arrange for
  removal of a boot from a vehicle.
         SECTION 10.  Section 2308.302(c), Occupations Code, is
  amended to read as follows:
         (c)  The portion of the sign immediately below the
  international towing symbol must:
               (1)  [contain the words "Towing And Booting Enforced"]
  in lettering at least two inches in height, contain the words, as
  applicable:
                     (A)  "Towing and Booting Enforced";
                     (B)  "Towing Enforced"; or
                     (C)  "Booting Enforced"; and
               (2)  [.     The lettering on this portion of the sign
  must] consist of white letters on a bright red background.
         SECTION 11.  Section 2308.401, Occupations Code, is amended
  by adding Subsection (c) to read as follows:
         (c)  This section does not apply to a sign required under
  Section 2308.301 provided by a towing or booting company to a
  parking facility owner.
         SECTION 12.  Section 2308.402, Occupations Code, is amended
  by adding Subsection (c) to read as follows:
         (c)  This section does not apply to a sign required under
  Section 2308.301 provided by a towing or booting company to a
  parking facility owner.
         SECTION 13.  Section 2308.453, Occupations Code, as amended
  by Chapters 845 (S.B. 2153) and 1310 (H.B. 2571), Acts of the 81st
  Legislature, Regular Session, 2009, is reenacted to read as
  follows:
         Sec. 2308.453.  JURISDICTION.  A hearing under this chapter
  shall be in the justice court having jurisdiction in:
               (1)  the precinct from which the motor vehicle was
  towed; or
               (2)  for booted vehicles, the precinct in which the
  parking facility is located.
         SECTION 14.  Section 2308.504(b), Occupations Code, is
  amended to read as follows:
         (b)  An offense under this section is a Class C misdemeanor.  
  An offense under this section is enforceable by law enforcement.
         SECTION 15.  Section 2308.505(b), Occupations Code, is
  amended to read as follows:
         (b)  An offense under this section is a misdemeanor
  punishable by a fine of not less than $200 or more than $1,000 per
  violation.  An offense under this section is enforceable by law
  enforcement.
         SECTION 16.  (a) The change in law made by this Act to
  Section 2308.159, Occupations Code, applies only to an application
  for renewal of a license made on or after September 1, 2011.
         (b)  An application for renewal of a license made before
  September 1, 2011, is governed by the law as it existed immediately
  before September 1, 2011, and that law is continued in effect for
  that purpose.
         SECTION 17.  To the extent of any conflict, this Act prevails
  over another Act of the 82nd Legislature, Regular Session, 2011,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 18.  This Act takes effect September 1, 2011.
feedback