Bill Text: TX HB3265 | 2015-2016 | 84th Legislature | Introduced
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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-04-20 - Left pending in subcommittee [HB3265 Detail]
Download: Texas-2015-HB3265-Introduced.html
By: Guillen | H.B. No. 3265 |
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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 |
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(2) [ |
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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) [ |
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controls, installs, or directs the installation and removal of one | ||
or more boots. | ||
(4) [ |
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installs or removes a boot on or from a vehicle. | ||
(5) [ |
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Licensing and Regulation. | ||
(6) [ |
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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) [ |
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Licensing and Regulation. | ||
(8) [ |
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by Section 521.001, Transportation Code. | ||
(9) [ |
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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) [ |
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vehicle that is not a consent tow, including: | ||
(A) an incident management tow; and | ||
(B) a private property tow. | ||
(11) [ |
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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) [ |
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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) [ |
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(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) [ |
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a vehicle authorized by a parking facility owner without the | ||
consent of the owner or operator of the vehicle. | ||
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(16) [ |
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alley, road, right-of-way, or other public way, including paved and | ||
unpaved portions of the right-of-way. | ||
(17) [ |
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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) [ |
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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) [ |
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parked, stored, or located on a parking facility without the | ||
consent of the parking facility owner. | ||
(20) [ |
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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) [ |
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(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) [ |
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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 [ |
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facility operating [ |
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population of less than one million; | ||
(5) [ |
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storage facility operating [ |
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a population of one million or more; | ||
(6) one representative of a vehicle storage facility | ||
operating in this state; | ||
(7) [ |
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(8) [ |
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employed by a subdivision of this state in [ |
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population of less than one million; | ||
(9) [ |
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employed by a subdivision of this state in [ |
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population of one million or more; | ||
(10) [ |
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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, [ |
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(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 [ |
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(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) [ |
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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[ |
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adjudication [ |
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applicant an unsuitable candidate for the license [ |
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(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. | ||
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SECTION 5. Section 2308.0575 (b) is amended to read as | ||
follows: (b) In adopting rules under Subsection (a), the | ||
commission may [ |
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(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 [ |
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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 [ |
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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. | ||
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(b) [ |
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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 [ |
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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. | ||
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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 [ |
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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 [ |
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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 |
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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 | ||
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political subdivision of this state and institutions of higher | ||
education in this state [ |
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companies and operators that operate on a parking facility located | ||
in their jurisdiction, including permit and sign requirements and | ||
setting [ |
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charged in connection with the booting of a vehicle[ |
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SECTION 20. The title of Section 2308.252 is amended to read | ||
as follows: | ||
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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 [ |
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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 | ||
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(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) [ |
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towed [ |
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the vehicle is in violation of the registration or inspection | ||
requirements [ |
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Transportation Code, or the vehicle registration law of another | ||
state or country[ |
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SECTION 23. Section 2308.253 (g) is amended to read as | ||
follows: (g) A provision of an apartment lease or rental agreement | ||
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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 [ |
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have an unauthorized vehicle towed [ |
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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 [ |
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TOW [ |
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company [ |
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without the consent of an owner or operator of an unauthorized | ||
vehicle, tow [ |
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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) [ |
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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 | ||
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(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 [ |
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officer. | ||
(b) A towing company may not tow [ |
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vehicle except under: | ||
(1) this chapter; | ||
(2) a municipal ordinance that complies with Section | ||
2308.208; [ |
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(3) the direction of a peace officer; or [ |
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(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 [ |
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and store an unauthorized vehicle under this section. | ||
(d) A towing company may tow [ |
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under Subsection (a) [ |
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(1) requests that the towing company tow [ |
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store [ |
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(2) has a standing written agreement with the towing | ||
company [ |
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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) [ |
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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 [ |
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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 [ |
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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 [ |
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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 [ |
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SECTION 30. Section 2308.351 is amended to read as follows: | ||
Sec. 2308.351. TOWING [ |
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FROM LEASED RIGHT-OF-WAY. Unless prohibited by the lease, a | ||
parking facility owner or towing company may tow [ |
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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 [ |
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FROM AREA BETWEEN PARKING FACILITY AND PUBLIC ROADWAY. Unless | ||
prohibited by a municipal ordinance, a parking facility owner or | ||
towing company may tow [ |
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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 [ |
||
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 [ |
||
tow [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
roadway in the municipality. | ||
(b) A parking facility owner or towing company may not tow | ||
[ |
||
(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 [ |
||
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 [ |
||
|
||
SECTION 35. Section 2308.403 is amended to read as follows: | ||
Sec. 2308.403. LIMITATION ON LIABILITY OF PARKING FACILITY | ||
OWNER FOR TOWING [ |
||
parking facility owner who causes the towing [ |
||
unauthorized vehicle is not liable for damages arising from the | ||
towing [ |
||
(1) was towed [ |
||
chapter; and | ||
(2) is: | ||
(A) towed [ |
||
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 [ |
||
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 [ |
||
booting. | ||
SECTION 37. Section 2308.451 is amended to read as follows: | ||
Sec. 2308.451. PAYMENT OF COST OF TOWING [ |
||
AND BOOTING OF VEHICLE. (a) If in a hearing held under this | ||
subchapter [ |
||
enforcement agency authorized, with probable cause, the towing | ||
[ |
||
the person who requested the hearing shall pay the costs of the | ||
towing [ |
||
(b) If in a hearing held under this subchapter [ |
||
court does not find that a person or law enforcement agency | ||
authorized, with probable cause, the towing [ |
||
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 [ |
||
(1) pay the costs of the towing [ |
||
or | ||
(2) reimburse the owner or operator for the cost of the | ||
towing [ |
||
(c) If in a hearing held under this subchapter [ |
||
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) [ |
||
[ |
||
probable cause for the towing [ |
||
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) [ |
||
[ |
||
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 | ||
[ |
||
without the consent of the owner or operator of the vehicle is | ||
entitled to a hearing on whether probable cause existed for the | ||
towing [ |
||
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 [ |
||
operator of a vehicle pays the costs of the vehicle's towing | ||
[ |
||
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 [ |
||
(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 | ||
[ |
||
(c) If before a hearing held under this subchapter [ |
||
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 [ |
||
(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 [ |
||
(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 | ||
[ |
||
facility that received the payment is liable if the court, after a | ||
hearing, does not find probable cause for the towing [ |
||
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 [ |
||
(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; [ |
||
(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 [ |
||
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) [ |
||
under this subchapter [ |
||
the hearing to the court before the 14th day after the date the | ||
vehicle was towed [ |
||
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 | ||
[ |
||
(3) the date when the vehicle was towed [ |
||
booted; | ||
(4) the name, address, and telephone number of the | ||
person or law enforcement agency that authorized the tow [ |
||
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 [ |
||
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 [ |
||
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) [ |
||
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) [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
request for hearing. Notice to the law enforcement agency that | ||
authorized the towing [ |
||
notice to the political subdivision in which the law enforcement | ||
agency is located. | ||
(c) [ |
||
(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) [ |
||
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) [ |
||
under this subchapter [ |
||
(1) whether probable cause existed for the towing | ||
[ |
||
(2) whether a towing charge imposed or collected in | ||
connection with the towing [ |
||
was greater than the amount authorized by the political subdivision | ||
under Subchapter E; or [ |
||
[ |
||
|
||
|
||
(4) whether a towing charge imposed or collected in | ||
connection with the towing [ |
||
was greater than the amount authorized under Section 2308.0575. | ||
(f) [ |
||
vehicle under this subchapter [ |
||
(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) [ |
||
conclusions of law. | ||
(e) [ |
||
(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[ |
||
|
||
(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) [ |
||
(4) [ |
||
to a tow truck[ |
||
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 [ |
||
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. | ||
[ |
||
|
||
|
||
|
||
|
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|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
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 [ |
||
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) [ |
||
|
||
the applicant, or the general manager of the applicant, was | ||
convicted of: | ||
(A) a felony; |
||
(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 [ |
||
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 | ||
[ |
||
(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." [ |
||
[ |
||
|
||
(c) [ |
||
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 [ |
||
683.034(a)(1) [ |
||
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. | ||
[ |
||
|
||
|
||
|
||
|
||
|
||
(c) [ |
||
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. | ||
[ |
||
|
||
|
||
|
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|
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|
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|
||
|
||
|
||
SECTION 55. Section 2303.1545(b) is amended to read as | ||
follows: (b) The facility may: | ||
(1) notify the department Department of Motor Vehicles | ||
[ |
||
have been provided and shall pay a fee of $10 to the Department of | ||
Motor Vehicles [ |
||
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 |
||
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 [ |
||
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 [ |
||
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. |