Bill Text: TX HB3265 | 2015-2016 | 84th Legislature | Introduced

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Bill Title: Relating to the licensing and regulation of tow truck companies, tow trucks, tow truck operators, vehicle storage facilities, vehicle storage facility employees, booting companies, and booting operators.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2015-04-20 - Left pending in subcommittee [HB3265 Detail]

Download: Texas-2015-HB3265-Introduced.html

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By: Guillen H.B. No. 3265

A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of tow truck companies,
tow trucks, tow truck operators, vehicle storage facilities,
vehicle storage facility employees, booting companies, and booting
operators.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2308.0011 is added to read as follows:
Section 2308.0011. PURPOSE. This Act is intended to promote public
safety by establishing comprehensive requirements within the
towing industry without imposing significant consequences upon
competitive market forces.
SECTION 2. Section 2308.002 is amended to read as follows:
DEFINITIONS. In this chapter:
(1) "Advisory board" means the Towing, and Storage,
and Booting Advisory Board.
(2) [(1-a)] "Boot or booting" means a lockable road
wheel clamp or similar vehicle immobilization device that is
designed to immobilize a parked vehicle and prevent its movement
until the device is unlocked or removed.
(3) [(1-b)] "Booting company" means a person that
controls, installs, or directs the installation and removal of one
or more boots.
(4) [(1-c)] "Boot operator" means an individual who
installs or removes a boot on or from a vehicle.
(5) [(2)] "Commission" means the Texas Commission of
Licensing and Regulation.
(6) [(3)] "Consent tow" means any tow of a motor
vehicle in which the tow truck is summoned by the owner or operator
of the vehicle or by a person who has possession, custody, or
control of the vehicle. The term does not include an incident
management tow or a private property tow.
(7) [(4)] "Department" means the Texas Department of
Licensing and Regulation.
(8) [(5)] "Driver's license" has the meaning assigned
by Section 521.001, Transportation Code.
(9) [(5-a)] "Incident management tow" means any tow of
a vehicle in which the tow truck is summoned to the scene of a
traffic accident or to an incident, including the removal of a
vehicle, commercial cargo, and commercial debris from an accident
or incident scene.
(10) [(6)] "Nonconsent tow" means any tow of a motor
vehicle that is not a consent tow, including:
(A) an incident management tow; and
(B) a private property tow.
(11) [(7)] "Parking facility" means public or private
property used, wholly or partly, for restricted or paid vehicle
parking. The term includes:
(A) a restricted space on a portion of an
otherwise unrestricted parking facility; and
(B) a commercial parking lot, a parking garage,
and a parking area serving or adjacent to a business, church,
school, home that charges a fee for parking, apartment complex,
property governed by a property owners' association, or
government-owned property leased to a private person, including:
(i) a portion of the right-of-way of a
public roadway that is leased by a governmental entity to the
parking facility owner; and
(ii) the area between the facility's
property line abutting a county or municipal public roadway and the
center line of the roadway's drainage way or the curb of the
roadway, whichever is farther from the facility's property line.
(12) [(7-a)] "Parking facility authorized agent"
means an employee or agent of a parking facility owner with the
authority to:
(A) authorize the removal of a vehicle from the
parking facility on behalf of the parking facility owner; and
(B) accept service on behalf of the parking
facility owner of a notice of hearing requested under this chapter.
(13) [(8)] "Parking facility owner" means:
(A) an individual, corporation, partnership,
limited partnership, limited liability company, association,
trust, or other legal entity owning or operating a parking
facility;
(B) a property owners' association having
control under a dedicatory instrument, as that term is defined in
Section 202.001, Property Code, over assigned or unassigned parking
areas; or
(C) a property owner having an exclusive right
under a dedicatory instrument, as that term is defined in Section
202.001, Property Code, to use a parking space.
(14) "Peace officer" means an individual described in
Article 2.12, Code of Criminal Procedure.
(15) [(8-a)] "Private property tow" means any tow of
a vehicle authorized by a parking facility owner without the
consent of the owner or operator of the vehicle.
(9) "Property owners' association" has the meaning
assigned by Section 202.001, Property Code.
(16) [(10)] "Public roadway" means a public street,
alley, road, right-of-way, or other public way, including paved and
unpaved portions of the right-of-way.
(17) [(11)] "Tow truck" means a motor vehicle,
including a wrecker, equipped with a mechanical device used to tow,
winch, or otherwise move another motor vehicle. The term does not
include:
(A) a motor vehicle owned and operated by a
governmental entity, including a public school district;
(B) a motor vehicle towing:
(i) a race car;
(ii) a motor vehicle for exhibition; or
(iii) an antique motor vehicle;
(C) a recreational vehicle towing another
vehicle;
(D) a motor vehicle used in combination with a
tow bar, tow dolly, or other mechanical device if the vehicle is not
operated in the furtherance of a commercial enterprise;
(E) a motor vehicle that is controlled or
operated by a farmer or rancher and used for towing a farm vehicle;
or
(F) a motor vehicle that:
(i) is owned or operated by an entity the
primary business of which is the rental of motor vehicles; and
(ii) only tows vehicles rented by the
entity.
(G) a motor vehicle that is owned or operated by a
person licensed under Chapter 2301 and transports vehicles during
the normal course of a transaction in which the entity is a party
and ownership or right of possession of the transported vehicle is
conveyed or transferred.
(H) a truck-tractor as defined in Section
621.001(8)(B), Transportation Code, and used solely to transport
motor vehicles as cargo in the course of a pre-arranged shipping
transaction, or for use in mining, drilling, or construction
operations. This exception does not apply to truck-tractors used
for the transportation of one or more motor vehicles under
circumstances that would otherwise constitute a nonconsent tow.
(18) [(12)] "Towing company" means an individual,
association, corporation, or other legal entity that controls,
operates, or directs the operation of one or more tow trucks over a
public roadway in this state but does not include a political
subdivision of the state.
(19) [(13)] "Unauthorized vehicle" means a vehicle
parked, stored, or located on a parking facility without the
consent of the parking facility owner.
(20) [(14)] "Vehicle" means a device in, on, or by
which a person or property may be transported on a public roadway.
The term includes an operable or inoperable automobile, truck,
motorcycle, recreational vehicle, or trailer but does not include a
device moved by human power or used exclusively on a stationary rail
or track.
(21) [(15)] "Vehicle owner" means a person:
(A) named as the purchaser or transferee in the
certificate of title issued for the vehicle under Chapter 501,
Transportation Code;
(B) in whose name the vehicle is registered under
Chapter 502, Transportation Code, or a member of the person's
immediate family;
(C) who holds the vehicle through a lease
agreement;
(D) who is an unrecorded lienholder entitled to
possess the vehicle under the terms of a chattel mortgage; or
(E) who is a lienhoider holding an affidavit of
repossession and entitled to repossess the vehicle.
(22) [(16)] "Vehicle storage facility" means a
vehicle storage facility, as defined by Section 2303.002, that is
operated by a person who holds a license issued under Chapter 2303
to operate the facility.
SECTION 3. Section 2308.051(a) is amended to read as
follows: (a) The advisory board consists of the following members
appointed by the presiding officer of the commission with the
approval of the commission:
(1) one representative of a towing company operating
in a county in this state with a population of less than one
million;
(2) one representative of a towing company operating
in a county in this state with a population of one million or more;
(3) one representative of a towing company operating
in this state;
(4) one representative [owner] of a vehicle storage
facility operating [located] in a county in this state with a
population of less than one million;
(5) [(4)] one representative [owner] of a vehicle
storage facility operating [located] in a county in this state with
a population of one million or more;
(6) one representative of a vehicle storage facility
operating in this state;
(7) [(5)] one parking facility owner;
(8) [(6)] one peace [law enforcement] officer
employed by a subdivision of this state in [from] a county with a
population of less than one million;
(9) [(7)] one peace [law enforcement] officer
employed by a subdivision of this state in [from] a county with a
population of one million or more;
(10) [(8)] one individual employed by the Department
of Public Safety, as defined in Chapter 411, Government Code;
(11) one representative of a member insurer of the
Texas Property and Casualty Insurance Guaranty Association, as
defined by Chapter 462, Insurance Code, [property and casualty
insurers] who writes [write] automobile insurance in this state;
and
(9) one public member.
(12) one representative of a motor carrier registered
under Chapter 643, Transportation Code; and
(13) one public member who resides in this state.
SECTION 4. Section 2308.057 is amended to read as follows:
The commission shall adopt rules for:
(1) permitting tow trucks [and licensing towing
operators, towing companies, booting companies, and boot
operators. The commission may adopt different rules applicable to
each type of permit or license.];
(2) licensing towing operators and towing companies;
(3) standards of conduct for license and permit
holders under this chapter;
(4) requirements for a consent tow, private property
tow, and incident management tow; and
(5) [The commission shall adopt rules for] denial of
applications and permits under this chapter if the applicant, a
partner, principal, officer, or general manager of the applicant,
or other license or permit holder has:
(A) a criminal conviction[,] or deferred
adjudication [, or has pleaded guilty or nolo contendere to an
offense, before the date of the application,] that makes the
applicant an unsuitable candidate for the license [for:
(i) a felony; or
(ii) a misdemeanor punishable by
confinement in jail or by a fine in an amount that exceeds $500];
(B) violated an order of the commission or
executive director, including an order for sanctions or
administrative penalties;
(C) failed to submit a license or permit bond in
an amount established by the commission;
(D) knowingly submitted false or incomplete
information on the application; or
(E) filed an application to permit a tow truck
previously permitted by a license or permit holder.
[(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 5. Section 2308.0575 (b) is amended to read as
follows: (b) In adopting rules under Subsection (a), the
commission may [shall] contract for a study that:
(1) examines towing fee studies conducted by
municipalities in this state; and
(2) analyzes the cost of towing services by company,
the consumer price index, the geographic area, and individual cost
components.
SECTION 6. Section 2308.0575 (f) is amended to read as
follows: (f) The department may [shall] contract to conduct a
study on private property towing fees under this section at least
once every two years.
SECTION 7. Section 2308.059 is amended to read as follows:
Sec. 2308.059. PERIODIC [AND RISK-BASED] INSPECTIONS. (a)
The department may enter and inspect at any time during business
hours:
(1) the place of business of any person regulated
under this chapter; or
(2) any place in which the department has
reasonable cause to believe that a license or permit holder is in
violation of this chapter or in violation of a rule or order of the
commission or executive director.
[(b) The department shall conduct additional inspections
based on a schedule of risk-based inspections using the following
criteria:
(1) the type and nature of the towing company or
operator;
(2) the inspection history;
(3) any history of complaints involving the towing
company or operator; and
(4) any other factor determined by the commission by
rule.
(c) The towing company shall pay a fee for each risk-based
inspection performed under this section. The commission by rule
shall set the amount of the fee.]
(b) [(d)] In conducting an inspection under this section,
the department may inspect a vehicle, a facility, business records,
or any other place or thing reasonably required to enforce this
chapter or a rule or order adopted under this chapter.
SECTION 8. The title to Section 2308.102 is amended to read
as follows: Sec. 2308.102. GENERAL APPLICATION REQUIREMENTS.
SECTION 9. Section 2308.103 is amended to read as follows:
Sec. 2308.103. REQUIREMENTS FOR INCIDENT MANAGEMENT TOWING
PERMIT. (a) An incident management towing permit is required for a
tow truck used to perform any nonconsent tow [initiated by a peace
officer,] including a tow authorized under Section 545.3051,
Transportation Code.
(b) To be eligible for an incident management towing permit,
an applicant must submit evidence that:
(1) the tow truck is equipped to tow light-duty or
heavy-duty vehicles according to the manufacturer's towing
guidelines;
(2) the applicant has at least $500,000 of liability
insurance for the tow truck; and
(3) the applicant has at least $50,000 of cargo
insurance for the tow truck.
(c) A tow truck permitted under this section may also be
used for private property towing and consent towing.
[(d) When a tow truck is used for a nonconsent tow initiated
by a peace officer under Section 545.3051, Transportation Code, the
permit holder is an agent of law enforcement and is subject to
Section 545.3051(e), Transportation Code.]
SECTION 10. Section 2308.105(a) is amended to read as
follows: (a) A consent towing permit is required for a tow truck
used to perform a consent tow [authorized by the vehicle owner].
SECTION 11. Section 2308.106(b) is amended to read as
follows:
(b) The department shall issue a certificate containing a
single unique permit number for each tow truck [regardless of
whether the permit holder holds more than one permit].
SECTION 12. Section 2308.107(b) is amended to read as
follows: (b) The department shall notify the permit holder at least
30 days before the date a permit expires. The notice must be in
writing and sent to the permit holder's last known mailing or email
address according to the records of the department.
SECTION 13. Section 2308.151 is amended to read as follows:
Sec. 2308.151. LICENSE REQUIRED. Unless the person holds
an appropriate license under this subchapter, a person may not:
(1) perform towing operations; or
(2) operate a towing company;
[3) perform booting operations; or
(4) operate a booting company].
SECTION 14. Section 2308.153 is amended to read as follows:
Sec. 2308.153. INCIDENT MANAGEMENT TOWING OPERATOR'S
LICENSE. (a) An incident management towing operator's license is
required to operate a tow truck permitted under Section 2308.103.
(b) An applicant for an incident management towing
operator's license must:
(1) hold a valid driver's license issued by a state in
the United States; and
(2) be certified by a program approved by the
department.
(c) A person licensed under this section is authorized to
work at a licensed vehicle storage facility under chapter 2303.
SECTION 15. Section 2308.154 is amended to read as follows:
Sec. 2308.154. PRIVATE PROPERTY TOWING OPERATOR'S LICENSE.
(a) A private property towing operator's license is required to
operate a tow truck permitted under Section 2308.104.
(b) An applicant for a private property towing operator's
license must:
(1) hold a valid driver's license issued by a state in
the United States; and
(2) be certified by a program approved by the
department.
(c) A person licensed under this section is authorized to
work at a licensed vehicle storage facility under chapter 2303.
SECTION 16. Section 2308.155 is amended to read as follows:
Sec. 2308.155. CONSENT TOWING OPERATOR'S LICENSE. (a) a
consent towing operator's license is required to operate a tow
truck permitted under Section 2308.105.
(b) An applicant for a consent towing operator's license
must hold a valid driver's license issued by a state in the United
States.
(c) A person licensed under this section is authorized to
work at a licensed vehicle storage facility under chapter 2303.
SECTION 17. Section 2308.159(b) is amended to read as
follows: (b) The department shall notify the license holder at
least 30 days before the date a license expires. The notice must be
in writing and sent to the license holder's last known mailing or
email address according to the records of the department.
SECTION 18. Section 2308.205(a) is amended to read as
follows: (a) A towing 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 or to a facility that is owned or leased by a governmental
entity unless the towing company agrees to take the vehicle to:
(1) a location designated by the vehicle's owner; or
(2) another location on the same parking facility from
which the vehicle was towed, according to commission rules,
provided there is no charge to the vehicle owner, operator, or
lienholder.
SECTION 19. Section 2308.2085 is amended to read as
follows:
POLITICAL SUBDIVISIONS AND INSTITUTIONS OF HIGHER EDUCATION
[MUNICIPAL] REGULATING BOOTING COMPANIES AND OPERATORS. (a) A
political subdivision of this state and institutions of higher
education in this state [municipality] may regulate [adopt an
ordinance or policy] booting activities including booting
companies and operators that operate on a parking facility located
in their jurisdiction, including permit and sign requirements and
setting [that is identical to the booting provisions in this
chapter or that imposes additional requirements that exceed the
minimum standards of the booting provisions in this chapter but may
not adopt an ordinance that conflicts with the booting provisions
in this chapter.
(b) A municipality may regulate] the fees that may be
charged in connection with the booting of a vehicle[, including
associated parking fees].
[(c) A municipality may require booting companies to obtain
a permit to operate in the municipality.]
SECTION 20. The title of Section 2308.252 is amended to read
as follows:
[REMOVAL] TOWING AND STORAGE OF UNAUTHORIZED VEHICLE.
SECTION 21. Section 2308.252(a) is amended to read as
follows: (a) A parking facility owner may, without the consent of
the owner or operator of an unauthorized vehicle, cause the vehicle
and any property on or in the vehicle to be towed [removed] and
stored at a vehicle storage facility at the vehicle owner's or
operator's expense if:
(1) signs that comply with Subchapter G prohibiting
unauthorized vehicles are located on the parking facility at the
time of towing and for the preceding 24 hours and remain installed
at the time of towing;
(2) the owner or operator of the vehicle has received
actual notice from the parking facility owner that the vehicle will
be towed at the vehicle owner's or operator's expense if it is in or
not removed from an unauthorized space;
(3) the parking facility owner gives notice to the
owner or operator of the vehicle under Subsection (b); or
(4) on request the parking facility owner provides to
the owner or operator of the vehicle information on the name of the
towing company and vehicle storage facility that will be used to tow
[remove] and store the vehicle and the vehicle is:
(A) left in violation of Section 2308.251 or
2308.253; or
(B) in or obstructing a portion of a paved
driveway or abutting public roadway used for entering or exiting
the facility.
SECTION 22. Section 2308.253 (d) is amended to read as
follows: (d) [Except as provided by a contract described by
Subsection (e), a] A parking facility owner may not have a vehicle
towed [removed] from the parking facility solely [merely] because
the vehicle is in violation of the registration or inspection
requirements [does not display]:
[(1) an unexpired license plate or registration
insignia issued for the vehicle] under Chapter 502 or Chapter 548,
Transportation Code, or the vehicle registration law of another
state or country[; or
[(2) a valid vehicle inspection certificate issued
under Chapter 548, Transportation Code, or the vehicle inspection
law of another state or country].
SECTION 23. Section 2308.253 (g) is amended to read as
follows: (g) A provision of an apartment lease or rental agreement
[entered into or renewed on or after January 1, 2004,] that is in
conflict or inconsistent with this section is void and may not be
enforced.
SECTION 24. Section 2308.254 is amended to read as follows:
Sec. 2308.254. LIMITATION ON PARKING FACILITY OWNER'S AUTHORITY TO
TOW [REMOVE] UNAUTHORIZED VEHICLE. A parking facility owner may not
have an unauthorized vehicle towed [removed] from the facility
except:
(1) as provided by this chapter or a municipal
ordinance that complies with Section 2308.208; or
(2) under the direction of a peace officer or the owner
or operator of the vehicle.
SECTION 25. Section 2308.255 is amended to read as follows:
Sec. 2308.255. TOWING COMPANY'S [OR BOOT OPERATOR'S] AUTHORITY TO
TOW [REMOVE] AND STORE [OR BOOT] UNAUTHORIZED VEHICLE. (a) A towing
company [that is insured as provided by Subsection (c)] may,
without the consent of an owner or operator of an unauthorized
vehicle, tow [remove] and store a [the] vehicle at a vehicle storage
facility at the expense of the owner or operator of the vehicle if:
(1) the towing company has received written
verification from the parking facility owner that:
(A) [the parking facility owner has installed]
the signs required by Section 2308.252(a)(1) are posted; or
(B) the owner or operator received notice under
Section 2308.252(a)(2) or the parking facility owner gave notice
complying with Section 2308.252(a)(3); or
(2) on request the parking facility owner provides to
the owner or operator of the vehicle information on the name of the
towing company and vehicle storage facility that will be used to tow
[remove] and store the vehicle and the vehicle is:
(A) left in violation of Section 2308.251;
(B) in or obstructing a portion of a paved
driveway; or
(C) on a public roadway used for entering or
exiting the facility and the tow [removal] is approved by a peace
officer.
(b) A towing company may not tow [remove] an unauthorized
vehicle except under:
(1) this chapter;
(2) a municipal ordinance that complies with Section
2308.208; [or]
(3) the direction of a peace officer; or [.]
(4) the direction of the owner or operator of the
vehicle.
(c) Only a towing company that is insured against liability
for property damage incurred in towing a vehicle may tow [remove]
and store an unauthorized vehicle under this section.
(d) A towing company may tow [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 tow [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.
(e) When a tow truck is used for a nonconsent tow initiated
by a peace officer under Section 545.3051, Transportation Code, the
tow truck's towing operator and towing company is an agent of law
enforcement and is subject to Section 545.3051(e), Transportation
Code.
SECTION 26. Section 2308.301 is amended to read as follows:
Sec. 2308.301. GENERAL REQUIREMENTS FOR SIGN PROHIBITING
UNAUTHORIZED VEHICLES. (a) Except as provided by Subsection
(a)(2)(B) and Section 2308.304 or 2308.305, an unauthorized vehicle
may not be towed under Section 2308.252(a)(1) [or booted under
Section 2308.257] unless a sign prohibiting unauthorized vehicles
on a parking facility is:
(1) facing and conspicuously visible to the driver of
a vehicle that enters the facility;
(2) located:
(A) on the right or left side of each driveway or
curb-cut through which a vehicle can enter the facility, including
an entry from an alley abutting the facility; or
(B) at intervals along the entrance so that no
entrance is farther than 25 feet from a sign if:
(i) curbs, access barriers, landscaping, or
driveways do not establish definite vehicle entrances onto a
parking facility from a public roadway other than an alley; and
(ii) the width of an entrance exceeds 35
feet;
(3) permanently mounted on a pole, post, permanent
wall, or permanent barrier;
(4) installed on the parking facility; and
(5) installed so that the bottom edge of the sign is no
lower than five feet and no higher than eight feet above ground
level.
(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 that [prohibiting] all others are
prohibited;
(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";
(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 27. Section 2308.302(e) is amended to read as
follows: (e) The bottommost portion of the sign must contain the
telephone numbers required by Section 2308.301(b), in lettering at
least one inch in height and may, if the facility owner chooses or
if an applicable municipal ordinance requires, include the name and
address of the storage facility to which an unauthorized vehicle
will be towed [removed]. The lettering on this portion of the sign
must consist of white letters on a bright red background.
SECTION 28. Section 2308.304 is amended to read as follows:
Sec. 2308.304. DESIGNATION OF RESTRICTED PARKING SPACES ON
OTHERWISE UNRESTRICTED PARKING FACILITY. A parking facility owner
may designate one or more spaces as restricted parking spaces on a
portion of an otherwise unrestricted parking facility. Instead of
installing a sign at each entrance to the parking facility as
provided by Section 2308.301(a)(2), an owner may place a sign that
prohibits unauthorized vehicles from parking in designated spaces
and that otherwise complies with Sections 2308.301 and 2308.302:
(1) at the right or left side of each entrance to a
designated area or group of parking spaces located on the
restricted portion of the parking facility; or
(2) at the end of a restricted parking space so that
the sign, the top of which must not be higher than seven feet above
the ground, is facing the parking space [in front of a vehicle that
is parked in the space and the rear of which is at the entrance of
the space].
SECTION 29. Section 2308.305(a) is amended to read as
follows: (a) A parking facility owner who complies with Sections
2308.301 and 2308.302 may impose further specific parking
restrictions in an area to which the signs apply for individual
spaces by installing or painting a weather-resistant sign or notice
on a curb, pole, post, permanent wall, or permanent barrier so that
the sign is facing the parking space [in front of a vehicle that is
parked in the space and the rear of which is at the entrance of the
space].
SECTION 30. Section 2308.351 is amended to read as follows:
Sec. 2308.351. TOWING [REMOVAL] OF UNAUTHORIZED VEHICLE
FROM LEASED RIGHT-OF-WAY. Unless prohibited by the lease, a
parking facility owner or towing company may tow [remove] an
unauthorized vehicle parked in a leased area described by Section
2308.002(7)(B)(i) if the owner or towing company gives notice under
Section 2308.252(a)(1), (2), or (3) and otherwise complies with
this chapter.
SECTION 31. Section 2308.352 is amended to read as follows:
Sec. 2308.352. TOWING [REMOVAL] OF UNAUTHORIZED VEHICLE
FROM AREA BETWEEN PARKING FACILITY AND PUBLIC ROADWAY. Unless
prohibited by a municipal ordinance, a parking facility owner or
towing company may tow [remove] an unauthorized vehicle any part of
which is in an area described by Section 2308.002(7)(B)(ii) if
notice provided by Section 2308.252(a)(2) or (3) is given and the
owner or towing company has otherwise complied with this chapter.
SECTION 32. Section 2308.353 is amended to read as follows:
Sec. 2308.353. TOWING [REMOVAL] UNDER GOVERNMENTAL
ENTITY'S AUTHORITY OF UNAUTHORIZED VEHICLE PARKED IN RIGHT-OF-WAY.
(a) A governmental entity that has jurisdiction over a
public roadway and that has posted one or more signs in the
right-of-way stating that parking is prohibited in the right-of-way
may:
(1) tow [remove] or contract with a towing company to
tow [remove] an unauthorized vehicle parked in the right-of-way of
the public roadway; or
(2) grant written permission to an abutting parking
facility owner to:
(A) post one or more "No parking in R.O.W." signs
along a common property line of the facility and the roadway; and
(B) tow [remove] vehicles from the right-of-way
of the public roadway under this chapter.
(b) A sign under Subsection (a)(2) must:
(1) state that a vehicle parked in the right-of-way
may be towed at the expense of the owner or operator of the vehicle;
(2) be placed facing the public roadway:
(A) on the parking facility owner's property not
more than two feet from the common boundary line; and
(B) at intervals so that no point in the boundary
line is less than 25 feet from a sign posted under this subsection;
and
(3) in all other respects comply with Subchapter G.
(c) After signs have been posted under Subsection (b), the
parking facility owner or a towing company may tow [remove] an
unauthorized vehicle from the right-of-way subject to the
governmental entity's written permission given under Subsection
(a)(2).
SECTION 33. Section 2308.354 is amended to read as follows:
Sec. 2308.354. AUTHORITY FOR TOWING [REMOVAL] OF VEHICLE
FROM PUBLIC ROADWAY. (a) Under an ordinance of a municipality
regulating the parking of vehicles in the municipality, to aid in
the enforcement of the ordinance, an employee designated by the
municipality may be authorized to:
(1) immobilize a vehicle parked in the municipality;
and
(2) tow [remove] an immobilized vehicle from a public
roadway in the municipality.
(b) A parking facility owner or towing company may not tow
[remove] a vehicle from a public roadway except under:
(1) this chapter or a municipal ordinance that
complies with Section 2308.208; or
(2) the direction of a peace officer or the owner or
operator of the vehicle.
(c) In addition to the authority granted under Subsection
(a) and to aid in the enforcement of an ordinance regulating the
parking of vehicles, a municipality with a population of 1.9
million or more may authorize a designated employee to request the
towing [removal] of a vehicle parked illegally in an area
designated as a tow-away zone in a residential area where on-street
parking is regulated by the ordinance.
(d) Subsections (a) and (c) do not apply to a vehicle owned
by an electric, gas, water, or telecommunications utility while the
vehicle is parked for the purpose of conducting work on a facility
of the utility that is located below, above, or adjacent to the
street.
SECTION 34. The title of Subchapter I is amended to read as
follows: SUBCHAPTER I. REGULATION OF TOWING COMPANIES [, BOOTING
COMPANIES,] AND PARKING FACILITY OWNERS
SECTION 35. Section 2308.403 is amended to read as follows:
Sec. 2308.403. LIMITATION ON LIABILITY OF PARKING FACILITY
OWNER FOR TOWING [REMOVAL] OR STORAGE OF UNAUTHORIZED VEHICLE. A
parking facility owner who causes the towing [removal] of an
unauthorized vehicle is not liable for damages arising from the
towing [removal] or storage of the vehicle if the vehicle:
(1) was towed [removed] in compliance with this
chapter; and
(2) is:
(A) towed [removed] by a towing company insured
against liability for property damage incurred in towing a vehicle;
and
(B) stored by a vehicle storage facility insured
against liability for property damage incurred in storing a
vehicle.
SECTION 36. Section 2308.404 is amended to read as follows:
Sec. 2308.404. CIVIL LIABILITY OF TOWING COMPANY, BOOTING
COMPANY, OR PARKING FACILITY OWNER FOR VIOLATION OF CHAPTER. (a) A
towing company, booting company, or parking facility owner who
violates this chapter, or a regulation enacted pursuant to Section
2308.2085 of this chapter, is liable to the owner or operator of the
vehicle that is the subject of the violation for:
(1) damages arising from the towing [removal],
storage, or booting of the vehicle; and
(2) towing, storage, or booting fees assessed in
connection with the vehicle's removal, storage, or booting.
(b) A vehicle's owner or operator is not required to prove
negligence of a parking facility owner, towing company, or booting
company to recover under Subsection (a).
(c) A towing company, booting company, or parking facility
owner who intentionally, knowingly, or recklessly violates this
chapter is liable to the owner or operator of the vehicle that is
the subject of the violation for $1,000 plus three times the amount
of fees assessed in the vehicle's [removal,] towing, storage, or
booting.
SECTION 37. Section 2308.451 is amended to read as follows:
Sec. 2308.451. PAYMENT OF COST OF TOWING [REMOVAL], STORAGE,
AND BOOTING OF VEHICLE. (a) If in a hearing held under this
subchapter [chapter] the court finds that a person or law
enforcement agency authorized, with probable cause, the towing
[removal] and storage in a vehicle storage facility of a vehicle,
the person who requested the hearing shall pay the costs of the
towing [removal] and storage.
(b) If in a hearing held under this subchapter [chapter] the
court does not find that a person or law enforcement agency
authorized, with probable cause, the towing [removal] and storage
in a vehicle storage facility of a vehicle, the towing company,
vehicle storage facility, or parking facility owner, or law
enforcement agency that authorized the tow [removal] shall:
(1) pay the costs of the towing [removal] and storage;
or
(2) reimburse the owner or operator for the cost of the
towing [removal] and storage paid by the owner or operator.
(c) If in a hearing held under this subchapter [chapter] the
court finds that a person authorized, with probable cause, the
booting of a vehicle in a parking facility, the person who requested
the hearing shall pay the costs of the booting.
(d) [(c-1)] If, in a hearing held under this subchapter
[chapter], regardless of whether the court finds that there was
probable cause for the towing [removal] towing and storage of a
vehicle, the court finds that the towing charge collected exceeded
fees regulated by a political subdivision or authorized by this
chapter or Chapter 2303, the towing company shall reimburse the
owner or operator of the vehicle an amount equal to the overcharge.
(e) [(d)] If in a hearing held under this subchapter
[chapter] the court does not find that a person authorized, with
probable cause, the booting of a vehicle, the person that
authorized the booting shall:
(1) pay the costs of the booting and any related
parking fees; or
(2) reimburse the owner or operator for the cost of the
booting and any related parking fees paid by the owner or operator.
SECTION 38. Section 2308.452 is amended to read as follows:
Sec. 2308.452. RIGHT OF OWNER OR OPERATOR OF VEHICLE TO
HEARING. The owner or operator of a vehicle that has been towed
[removed] and placed in a vehicle storage facility or booted
without the consent of the owner or operator of the vehicle is
entitled to a hearing on whether probable cause existed for the
towing [removal and], storage, [placement] or booting.
SECTION 39. Section 2308.453 is amended to read as follows:
Sec. 2308.453. JURISDICTION. (a) A hearing under this
subchapter shall be in any justice court in:
(1) the county from which the motor vehicle was towed,
or
(2) for booted vehicles, the county in which the
parking facility is located.
(b) Notwithstanding the amount in controversy, justice
courts shall have exclusive original jurisdiction over hearings
under this subchapter.
SECTION 40. Section 2308.454 is amended to read as follows:
Sec. 2308.454. NOTICE TO VEHICLE OWNER OR OPERATOR. (a) If
before a hearing held under this subchapter [chapter] the owner or
operator of a vehicle pays the costs of the vehicle's towing
[removal] or storage, the towing company or vehicle storage
facility that received the payment shall at the time of payment give
the owner or operator written notice of the person's rights under
this subchapter [chapter].
(b) The operator of a vehicle storage facility that sends a
notice under Subchapter D, Chapter 2303, shall include with that
notice a notice of the person's rights under this subchapter
[chapter].
(c) If before a hearing held under this subchapter [chapter]
the owner or operator of a vehicle pays the costs for removal of a
boot, the booting company shall at the time of payment give the
owner or operator written notice of the person's rights under this
subchapter [chapter].
(d) The booting operator that places a notice on a booted
vehicle under Section 2308.257 shall include with that notice a
notice of the person's rights under this subchapter [chapter].
(e) If the towing company or vehicle storage facility that
received the payment fails to furnish to the owner or operator of
the vehicle the name, address, and telephone number of the parking
facility owner or law enforcement agency that authorized the towing
[removal] of the vehicle, the towing company or vehicle storage
facility that received the payment is liable if the court, after a
hearing, does not find probable cause for the towing [removal] and
storage of the vehicle.
SECTION 41. Section 2308.455 is amended to read as follows:
Sec. 2308.455. CONTENTS OF NOTICE. The notice under
Section 2308.454 must include:
(1) a statement of:
(A) the person's right to submit a request within
14 days for a court hearing to determine whether probable cause
existed to tow [remove], or install a boot on, the vehicle;
(B) the information that a request for a hearing
must contain;
(C) any filing fee for the hearing; and
(D) the person's right to request a hearing in
any justice court in:
(i) the county from which the vehicle was
towed; [or]
(ii) for booted vehicles, the county in
which the parking facility is located;
(2) the name, address, and telephone number of the
towing company that towed [removed] the vehicle or the booting
company that booted the vehicle;
(3) the name, address, telephone number, and county of
the vehicle storage facility in which the vehicle was placed;
(4) the name, street address including city, state,
and zip code, and telephone number of the person, parking facility
owner, or law enforcement agency that authorized the removal of the
vehicle; and
(5) the name, address, and telephone number of each
justice court in the county from which the vehicle was towed or, for
booted vehicles, the county in which the parking facility is
located, or the address of an Internet website maintained by the
Office of Court Administration of the Texas Judicial System that
contains the name, address, and telephone number of each justice
court in that county.
SECTION 42. Section 2308.456 is amended to read as follows:
Sec. 2308.456. REQUEST FOR HEARING. (a) Except as provided
by Subsections (c) and (d) [(c-1)], a person entitled to a hearing
under this subchapter [chapter] must deliver a written request for
the hearing to the court before the 14th day after the date the
vehicle was towed [removed] and placed in the vehicle storage
facility or booted, excluding Saturdays, Sundays, and legal
holidays.
(b) A request for a hearing must contain:
(1) the name, address, and, telephone number of the
owner or operator of the vehicle;
(2) the location from which the vehicle was towed
[removed] or in which the vehicle was booted;
(3) the date when the vehicle was towed [removed] or
booted;
(4) the name, address, and telephone number of the
person or law enforcement agency that authorized the tow [removal]
or booting;
(5) the name, address, and telephone number of the
vehicle storage facility in which the vehicle was placed;
(6) the name, address, and telephone number of the
towing company that towed [removed] the vehicle or of the booting
company that installed a boot on the vehicle;
(7) a copy of any receipt or notification that the
owner or operator received from the towing company, the booting
company, or the vehicle storage facility; and
(8) if the vehicle was towed [removed] from or booted
in a parking facility:
(A) one or more photographs that show the
location and text of any sign posted at the facility restricting
parking of vehicles; or
(B) a statement that no sign restricting parking
was posted at the parking facility.
(c) If notice was not given under Section 2308.454, the
14-day deadline for requesting a hearing under Subsection (a) does
not apply, and the owner or operator of the vehicle may deliver a
written request for a hearing at any time.
(d) [(c-1)] The 14-day period for requesting a hearing
under Subsection (a) does not begin until the date on which the
towing company or vehicle storage facility provides to the vehicle
owner or operator the information necessary for the vehicle owner
or operator to complete the material for the request for hearing
required under Subsections (b)(2) through (6).
(e) [(d)] A person who fails to deliver a request in
accordance with Subsection (a) waives the right to a hearing.
SECTION 43. Section 2308.458 is amended to read as follows:
Sec. 2308.458. HEARING. (a) A hearing under this
subchapter [chapter] shall be held before the 21st calendar day
after the date the court receives the request for the hearing.
(b) The court shall notify the person who requested the
hearing for a towed vehicle, the parking facility owner or law
enforcement agency that authorized the towing [removal] of the
vehicle, the towing company, and the vehicle storage facility in
which the vehicle was placed of the date, time, and place of the
hearing in a manner provided by Rule 21a, Texas Rules of Civil
Procedure. The notice of the hearing to the towing company and the
parking facility owner or law enforcement agency that authorized
the towing [removal] of the vehicle must include a copy of the
request for hearing. Notice to the law enforcement agency that
authorized the towing [removal] of the vehicle is sufficient as
notice to the political subdivision in which the law enforcement
agency is located.
(c) [(b-1)] At a hearing under this section:
(1) the burden of proof is on the person who
requested the hearing; and
(2) hearsay evidence is admissible if it is
considered otherwise reliable by the justice of the peace.
(d) [(b-2)] The court shall notify the person who requested
the hearing for a booted vehicle, the parking facility in which the
vehicle was booted, and the booting company of the date, time, and
place of the hearing in a manner provided by Rule 21a, Texas Rules
of Civil Procedure. The notice of hearing to the person that
authorized the booting of the vehicle must include a copy of the
request for hearing.
(e) [(c)] The issues in a hearing regarding a towed vehicle
under this subchapter [chapter] are:
(1) whether probable cause existed for the towing
[removal] and placement of the vehicle;
(2) whether a towing charge imposed or collected in
connection with the towing [removal] or placement of the vehicle
was greater than the amount authorized by the political subdivision
under Subchapter E; or [Section 2308.201 or 2308.202];
[(3) whether a towing charge imposed or collected in
connection with the removal or placement of the vehicle was greater
than the amount authorized under Section 2308.203; or]
(4) whether a towing charge imposed or collected in
connection with the towing [removal] or placement of the vehicle
was greater than the amount authorized under Section 2308.0575.
(f) [(c-1)] The issues in a hearing regarding a booted
vehicle under this subchapter [chapter] are:
(1) whether probable cause existed for the booting of
the vehicle; and
(2) whether a boot removal charge imposed or collected
in connection with the removal of the boot from the vehicle was
greater than the amount authorized by the political subdivision
under Section 2308.2085.
(d) [(g)] The court shall make written findings of fact and
conclusions of law.
(e) [(h)] The court may award:
(1) court costs and attorney's fees to the prevailing
party;
(2) the reasonable cost of photographs submitted under
Section 2308.456(b)(8) to a vehicle owner or operator who is the
prevailing party;
(3) an amount equal to the amount that the towing
charge or booting removal charge and associated parking fees
exceeded fees regulated by a political subdivision or authorized by
this code or by Chapter 2303; and
(4) reimbursement of fees paid for vehicle towing,
storage, or removal of a boot.
SECTION 44. Section 2308.504 is amended to read as follows:
Sec. 2308.504. CRIMINAL PENALTY; LICENSING. (a) A person
commits an offense if the person:
(1) violates the permitting or licensing requirements
of this chapter;
(2) performs towing without a license to perform
towing in this state; or
(3) employs an individual who does not hold the
appropriate license required by this chapter[; or
(4) falsifies a certification or training].
(b) An offense under this section is a Class C misdemeanor.
An offense under this section is enforceable by law enforcement.
SECTION 45. Section 2308.505(a) is amended to read as
follows: Sec. 2308.505. CRIMINAL PENALTY; TOWING. (a) A person
commits an offense if the person:
(1) violates an ordinance, resolution, order, rule, or
regulation of a political subdivision adopted under Section
2308.201, 2308.202, or 2308.2085 for which the political
subdivision does not prescribe the penalty;
(2) charges or collects a fee in a political
subdivision that regulates the operation of tow trucks under
Section 2308.201 or 2308.202 or booting under Section 2308.2085
that is not authorized or is greater than the authorized amount of
the fee;
[(3) charges or collects a fee greater than the amount
authorized under Section 2308.204;
(4) charges or collects a fee in excess of the amount
filed with the department under Section 2308.206;]
(3) [(5)] violates Section 2308.205 or 2308.2065; or
(4) [(6)] violates a rule of the department applicable
to a tow truck[,] or towing company[, or booting company].
SECTION 46. Section 2303.0011 is added to read as follows:
Section 2303.0011. PURPOSE. This Act is intended to promote
public safety by establishing comprehensive requirements within
the vehicle storage facility industry without imposing significant
consequences upon competitive market forces.
SECTION 47. Section 2303.002 is amended by adding a new
subsection (3) and renumbering the existing sections. The new
2303.002(3) reads as follows:
Sec. 2303.002. DEFINITIONS. In this chapter:
(1) "Abandoned nuisance vehicle" means a motor vehicle
that is:
(A) at least 10 years old; and
(B) of a condition only to be demolished,
wrecked, or dismantled.
(2) "Commission" means the Texas Commission of
Licensing and Regulation.
(3) "Commercial cargo" means any property in or on a
self-propelled or towed motor vehicle that has been transported in
interstate or intrastate commerce.
SECTION 48. Section 2303.1015(a) is amended to read as
follows:
Sec. 2303.1015. EMPLOYEE LICENSE REQUIRED. (a) A person
may not work at a vehicle storage facility unless the person holds a
license issued under this chapter or under Section 2308.1521.
SECTION 49. Section 2303.056 is amended to read as follows:
Sec. 2303.056. PERIODIC [AND RISK-BASED] INSPECTIONS. (a)
The department may enter and inspect at any time during business
hours:
(1) the place of business of any person regulated
under this chapter; or
(2) any place in which the department has reasonable
cause to believe that a license holder is in violation of this
chapter or in violation of a rule or order of the commission or
executive director.
(b) At least once every two years, the department shall
inspect a vehicle storage facility that holds a license under this
chapter.
[(c) The department shall conduct additional inspections
based on a schedule of risk-based inspections using the following
criteria:
(1) the type and nature of the vehicle storage
facility;
(2) the inspection history of the vehicle storage
facility;
(3) any history of violations involving the vehicle
storage facility; and
(4) any other factor determined by the commission by
rule.
(d) The vehicle storage facility shall pay a fee for each
risk-based inspection performed under Subsection (c). The
commission by rule shall set the amount of the fee.]
SECTION 50. Section 2303.102 is amended to read as follows:
Sec. 2303.102. LICENSE APPLICATION. (a) The commission by
rule shall determine the types of information to be included in an
application for a license under this chapter on a form prescribed by
the department [executive director].
SECTION 51. Section 2303.103 is amended to read as follows:
Sec. 2303.103. ELIGIBILITY. The department shall approve
an application submitted as provided by Section 2303.102 unless the
department determines that:
(1) the applicant knowingly supplied false or
incomplete information on the application;
(2) [in the three years preceding the date of
application,] the applicant, a partner, principal, or officer of
the applicant, or the general manager of the applicant, was
convicted of:
(A) a felony; or
(B) a misdemeanor punishable by confinement in
jail or by a fine exceeding $500; or
(3) the vehicle storage facility for which the license
is sought does not meet the standards for storage facilities
established by commission rules.
SECTION 52. The section heading to Section 2303.1511 is
amended to read as follows:
Sec. 2303.1511. VEHICLE STORAGE FACILITY'S DUTY TO REPORT
TO LOCAL LAW ENFORCEMENT AFTER ACCEPTING A [UNAUTHORIZED] VEHICLE.
SECTION 53. Section 2303.153 is amended to read as follows:
Sec. 2303.153. CONTENTS OF NOTICE. (a) A notice by mail
provided under Section 2303.151 must include:
(1) the date the vehicle was received by the facility
[accepted for storage];
(2) the first day for which a storage fee is assessed;
(3) the daily storage rate;
(4) the type and amount of any other charge to be paid
when the vehicle is claimed;
(5) the full name, street address, and telephone
number of the vehicle storage facility;
(6) the hours during which the owner may claim the
vehicle; and
(7) the facility license number preceded by "Texas
Department of Licensing and Regulation Vehicle Storage Facility
License Number" or "TDLR VSF Lic. No."
(b) A notice by publication provided under Section 2303.152
must include:
(1) the vehicle description;
(2) the total charges;
(3) the full name, street address, and telephone
number of the facility; and
(4) the facility license number preceded by "Texas
Department of Licensing and Regulation Vehicle Storage Facility
Number" or "TDLR VSF Lic. No." [department registration number].
[(c) Notice by publication is not required to include any
information other than that listed in Subsection (b).]
(c) [(d)] Notice by publication may include a list of more
than one vehicle, watercraft, or outboard motor.
SECTION 54. Section 2303.154 is amended to read as follows:
Sec. 2303.154. SECOND NOTICE; CONSENT TO SALE. (a) If a
vehicle is not claimed by a person authorized to claim the vehicle
before the 10th day after the date notice is mailed or published
under Section 2303.151 or 2303.152, the operator of the vehicle
storage facility shall consider the vehicle to be abandoned and
send notice of abandonment to a law enforcement agency under
Chapter 683, Transportation Code.
(b) If a vehicle is not claimed by a person permitted to
claim the vehicle or a law enforcement agency has not taken physical
custody [an action in response to a notice] under Section
683.034(a)(1) [683.031(c)], Transportation Code, before the 15th
day after the date notice is mailed or published under Section
2303.151 or 2303.152, the operator of the vehicle storage facility
shall send a second notice to the registered owner and the primary
lienholder of the vehicle.
[(a-1) If a vehicle is not claimed by a person permitted to
claim the vehicle before the 10th day after the date notice is
mailed or published under Section 2303.151 or 2303.152, the
operator of the vehicle storage facility shall consider the vehicle
to be abandoned and send notice of abandonment to a law enforcement
agency under Chapter 683, Transportation Code.]
(c) [(b)] Notice under Subsection (b) [this section] must
include:
(1) the information listed in Section 2303.153(a);
(2) a statement of the right of the facility to dispose
of the vehicle under Section 2303.157; and
(3) a statement that the failure of the owner or
lienholder to claim the vehicle before the 30th day after the date
the notice is provided is:
(A) a waiver by that person of all right, title,
or interest in the vehicle; and
(B) a consent to the sale of the vehicle at a
public sale.
[(c) Notwithstanding Subsection (b), if publication is
required for notice under this section, the notice must include:
(1) the information listed in Section 2303.153(b); and
(2) a statement that the failure of the owner or
lienholder to claim the vehicle before the date of sale is:
(A) a waiver of all right, title, and interest in
the vehicle; and
(B) a consent to the sale of the vehicle at a
public sale.]
SECTION 55. Section 2303.1545(b) is amended to read as
follows: (b) The facility may:
(1) notify the department Department of Motor Vehicles
[department] that notices under Chapter 683, Transportation Code,
have been provided and shall pay a fee of $10 to the Department of
Motor Vehicles [department]; or
SECTION 56. Section 2303.155 is amended to read as follows:
Sec. 2303.155. CHARGES RELATED TO STORAGE. (a) For the
purposes of this section, "governmental vehicle storage facility"
means a garage, parking lot, or other facility that is:
(1) owned by a governmental entity; and
(2) used to store or park at least 10 vehicles each
year.
(b) The operator of a vehicle storage facility or
governmental vehicle storage facility may charge the owner of a
vehicle stored or parked at the facility:
(1) a notification fee set in a reasonable amount for
providing notice under this subchapter, including notice under
Section 2303.154(c);
(2) an impoundment fee of $20 for any action that:
(A) is taken by or at the direction of the owner
or operator of the facility; and
(B) is necessary to preserve, protect, or service
a vehicle stored or parked at the facility;
(3) a daily storage fee of:
(A) not less than $5 and not more than $20 for
each day or part of a day the vehicle is stored at the facility if
the vehicle is not longer than 25 feet; or
(B) not more than $35 for each day or part of a
day the vehicle is stored at the facility if the vehicle is longer
than 25 feet;
(4) any fee that is required to be submitted to a law
enforcement agency, the agency's authorized agent, or a
governmental entity; and
(5) a fee in an amount set by the commission for the
remediation, recovery, or capture of an environmental or biological
hazard.
(c) A notification fee under Subsection (b) may not exceed
$50 per vehicle, except that if notice by publication is required by
this chapter and the cost of publication exceeds 50 percent of the
notification fee, the vehicle storage facility may recover the
additional amount of the cost of publication from the vehicle owner
or agent.
(d) For purposes of imposing a daily storage fee, a day is
considered to begin at midnight and to end at the next following
midnight. A daily storage fee may be charged regardless of whether
the vehicle is stored for 24 hours of the day, except that a daily
storage fee may not be charged for more than one day if the vehicle
remains at the facility for less than 12 hours.
(e) The operator of a vehicle storage facility or
governmental vehicle storage facility may charge a daily storage
fee under Subsection (b):
(1) for not more than five days before the date notice
is mailed or published under this subchapter, if the vehicle is
registered in this state;
(2) for not more than five days before the date the
request for owner information is sent to the appropriate
governmental entity as required by this subchapter, if the vehicle
is registered in another state; and
(3) for each day the vehicle is in storage after the
date the notice is mailed or published until the vehicle is removed
and all accrued charges are paid.
(f) The operator of a vehicle storage facility or
governmental vehicle storage facility may not charge an additional
fee related to the storage of a vehicle other than a fee authorized
by this section or a towing fee authorized by Chapter 2308.
(g) This section controls over any conflicting municipal
ordinance or charter provision.
SECTION 57. Section 2303.1551(b) is amended to read as
follows: (b) A vehicle storage facility accepting a nonconsent
towed vehicle shall post a sign that complies with the font and size
requirements determined by the department [in one inch letters]
stating "Nonconsent tow fees schedules available on request." The
vehicle storage facility shall provide a copy of a nonconsent
towing fees schedule on request.
SECTION 58. Section 2303.157(c) is amended to read as
follows: (c) Notwithstanding Subsection (a), the operator of a
vehicle storage facility may dispose of a vehicle for which notice
was given under this subchapter as provided by this section if:
(1) the vehicle is an abandoned nuisance vehicle; and
(2) before the 30th day after the date the notice was
sent, the facility submits an application to the Department of
Motor Vehicles [department] for disposal of the vehicle.
SECTION 59. Chapter 2303 Subchapter F is amended by adding a
new 2303.162 to read as follows:
Sec. 2303.162. RELEASE OF PERSONAL PROPERTY AND COMMERICAL
CARGO. (a) A vehicle storage facility shall allow any person who
owns or has right of possession of a motor vehicle stored at the
facility, or any authorized representative of the person, to remove
at no cost any detached personal property from the vehicle.
(b) A vehicle storage facility shall allow any person who
owns or has right of possession of a commercial motor vehicle or
commercial cargo stored at the facility, or any authorized
representative of the person, to remove at no cost any commercial
cargo identified or described in a bill of lading, shipping
manifest, shipping invoice or similar document.
(1) Any person removing the commercial cargo shall
bear all cost of its removal from the vehicle storage facility.
(2) The vehicle storage facility shall allow access to
any vehicle or equipment required to remove the commercial cargo
under this provision.
SECTION 60. Chapter 2303 Subchapter G is amended by adding a
new 2303.306 to read as follows:
Sec. 2303.306. ENFORCEMENT OF AWARD. (a) An award under
this chapter may be enforced by any means available for the
enforcement of a judgment for a debt.
(b) The department shall suspend a vehicle storage
facility's license on the license holder's failure to pay a final
judgment awarded to an owner or operator of a vehicle before the
60th day after the date of the final judgment. The department must
provide notice of the suspension to the license holder at least 30
days before the date the license is to be suspended.
(c) The owner or operator of the vehicle shall submit a
certified copy of the final judgment to the department.
(d) On receipt of the certified copy of the unpaid final
judgment, the department shall disqualify a person from obtaining
or renewing a license or permit on the grounds that the person or
vehicle storage facility has not paid a final judgment awarded to an
owner or operator of a vehicle.
(e) The department shall reinstate the license on
submission of evidence satisfactory to the department of payment of
the final judgment by the person or vehicle storage facility.
SECTION 61. The following provisions of the Occupations
Code are repealed: 2308.004, 2308.1551, 2308.1555, 2308.1556,
2308.2555, 2308.257, 2308.401, 2308.402, 2303.055, 2303.1016, and
2303.104.
SECTION 62. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2015.