Bill Text: TX HB914 | 2021-2022 | 87th Legislature | Enrolled

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Bill Title: Relating to the authority of certain municipal employees to request the removal and storage of certain abandoned or illegally parked vehicles.

Spectrum: Bipartisan Bill

Status: (Passed) 2021-06-04 - Effective on 9/1/21 [HB914 Detail]

Download: Texas-2021-HB914-Enrolled.html

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H.B. No. 914

AN ACT
relating to the authority of certain municipal employees to request
the removal and storage of certain abandoned or illegally parked
vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2308.354, Occupations Code, is amended
to read as follows:
Sec. 2308.354. AUTHORITY FOR 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) remove an immobilized vehicle from a public
roadway in the municipality; and
(3) request the removal and storage of a vehicle that
is located in an area where on-street parking is regulated by the
ordinance and that:
(A) is parked illegally; or
(B) is parked legally and:
(i) has been unattended for more than 48
hours; and
(ii) the employee has reasonable grounds to
believe is abandoned.
(b) A parking facility owner or towing company may not
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, a municipal
employee under Subsection (a)(3), or the owner or operator of the
vehicle.
(c) Subsection [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 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) does [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 2. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 914 was passed by the House on April
7, 2021, by the following vote: Yeas 128, Nays 17, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 914 was passed by the Senate on May
19, 2021, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor