Bill Text: TX HB2976 | 2017-2018 | 85th Legislature | Engrossed
Bill Title: Relating to the towing of unauthorized or unattended vehicles on a parking facility.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2017-05-18 - Left pending in committee [HB2976 Detail]
Download: Texas-2017-HB2976-Engrossed.html
85R22075 BEE-F | ||
By: Frullo | H.B. No. 2976 |
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relating to the towing of unauthorized or unattended vehicles on a | ||
parking facility. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2308.002(13), Occupations Code, is | ||
amended to read as follows: | ||
(13) "Unauthorized vehicle" means a vehicle parked, | ||
stored, or located on a parking facility without the consent of the | ||
parking facility owner. The term includes a vehicle parked on a | ||
parking facility in violation of a contractual agreement or the | ||
parking rules or policies of the parking facility. | ||
SECTION 2. The heading to Section 2308.205, Occupations | ||
Code, is amended to read as follows: | ||
Sec. 2308.205. TOWING OF [ |
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LICENSED VEHICLE STORAGE FACILITIES OR OTHER LOCATIONS ON PARKING | ||
FACILITIES. | ||
SECTION 3. Section 2308.205, Occupations Code, is amended | ||
by amending Subsection (a) and adding Subsection (a-1) to read as | ||
follows: | ||
(a) Except as provided by Subsection (a-1), a [ |
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company that makes a nonconsent tow shall tow the vehicle to a | ||
vehicle storage facility that is operated by a person who holds a | ||
license to operate the facility under Chapter 2303, unless the | ||
towing company agrees to take the vehicle to a location designated | ||
by the vehicle's owner. | ||
(a-1) The commission shall adopt rules authorizing a towing | ||
company that makes a nonconsent tow from a parking facility to tow | ||
the vehicle to another location on the same parking facility under | ||
the direction of: | ||
(1) the parking facility owner; | ||
(2) a parking facility authorized agent; or | ||
(3) a peace officer. | ||
SECTION 4. Sections 2308.251(a) and (c), Occupations Code, | ||
are amended to read as follows: | ||
(a) A person [ |
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leave unattended on a parking facility a vehicle that: | ||
(1) is in or obstructs a vehicular traffic aisle, | ||
entry, or exit of the parking facility; | ||
(2) prevents a vehicle from exiting a parking space in | ||
the facility; | ||
(3) is in or obstructs a fire lane marked according to | ||
Subsection (c); | ||
(4) does not display the special license plates issued | ||
under Section 504.201, Transportation Code, or the disabled parking | ||
placard issued under Chapter 681, Transportation Code, for a | ||
vehicle transporting a disabled person and is in a parking space | ||
that is designated for the exclusive use of a vehicle transporting a | ||
disabled person; [ |
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(5) is leaking a fluid that presents a hazard or threat | ||
to persons or property; or | ||
(6) is parked on the parking facility in violation of a | ||
contractual agreement or the parking rules or policies of the | ||
parking facility. | ||
(c) If a government regulation governing the marking of a | ||
fire lane applies to a parking facility, a fire lane in the parking | ||
facility must be marked as provided by the regulation. If a | ||
government regulation on the marking of a fire lane does not apply | ||
to the parking facility, all curbs of fire lanes must be painted red | ||
and be conspicuously and legibly marked with the warning "FIRE | ||
LANE--TOW AWAY ZONE" in white letters at least three inches tall, at | ||
intervals not exceeding 50 feet. | ||
SECTION 5. Sections 2308.253(c), (d), and (e), Occupations | ||
Code, are amended to read as follows: | ||
(c) A parking facility owner may not have an emergency | ||
vehicle described by Section 2308.251(b) towed [ |
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parking facility. | ||
(d) Except as provided by a contract described by Subsection | ||
(e), a parking facility owner may not have a vehicle towed [ |
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from the parking facility merely because the vehicle does not | ||
display an unexpired license plate or registration insignia issued | ||
for the vehicle under Chapter 502, Transportation Code, or the | ||
vehicle registration law of another state or country. | ||
(e) A contract provision providing for the towing [ |
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from a parking facility of a vehicle that does not display an | ||
unexpired license plate or registration insignia is valid only if | ||
the provision requires the owner or operator of the vehicle to be | ||
given at least 10 days' written notice that the vehicle will be | ||
towed from the parking facility at the vehicle owner's or operator's | ||
expense if it is not removed from the parking facility. The notice | ||
must: | ||
(1) state: | ||
(A) that the vehicle does not display an | ||
unexpired license plate or registration insignia; | ||
(B) that the vehicle will be towed at the expense | ||
of the owner or operator of the vehicle if the vehicle does not | ||
display an unexpired license plate or registration insignia; and | ||
(C) a telephone number that is answered 24 hours | ||
a day to enable the owner or operator of the vehicle to locate the | ||
vehicle; and | ||
(2) be: | ||
(A) [ |
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operator of the vehicle; [ |
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(B) [ |
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requested, to that owner or operator; or | ||
(C) attached: | ||
(i) to the vehicle's front windshield; | ||
(ii) to the vehicle's driver's side window; | ||
or | ||
(iii) if the vehicle has no front | ||
windshield or driver's side window, to a conspicuous part of the | ||
vehicle. | ||
SECTION 6. The Texas Commission of Licensing and Regulation | ||
shall adopt rules to implement Section 2308.205(a-1), Occupations | ||
Code, as added by this Act, as soon as practicable after the | ||
effective date of this Act. | ||
SECTION 7. Section 2308.253(e), Occupations Code, as | ||
amended by this Act, applies only to a contract, including a lease | ||
or rental agreement, entered into on or after the effective date of | ||
this Act. A contract entered into before that date is governed by | ||
the law in effect on the date the contract was entered into, and the | ||
former law is continued in effect for that purpose. | ||
SECTION 8. This Act takes effect September 1, 2018. |