Texas 2009 81st Regular

Texas House Bill HB2571 Introduced / Bill

Filed 02/01/2025

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                    81R3878 YDB-D
 By: Gonzales H.B. No. 2571


 A BILL TO BE ENTITLED
 AN ACT
 relating to the licensing and regulation of towing companies and
 vehicle storage facilities; providing penalties.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1. Section 2308.002, Occupations Code, is amended
 by amending Subdivisions (3), (6), and (8) and adding Subdivisions
 (5-a), (7-a), and (8-a) to read as follows:
 (3) "Consent tow" means any tow of a motor vehicle in
 which the tow truck is summoned [initiated] 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 [a] tow [of a motor vehicle
 initiated by a peace officer investigating a traffic accident or a
 traffic incident that involves the vehicle].
 (5-a)  "Incident management tow" means any tow of a
 vehicle in which the tow truck is summoned to a traffic accident or
 incident by a peace officer under Section 545.305 or 545.3051,
 Transportation Code.
 (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.
 (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.
 (8) "Parking facility owner" means:
 (A) an individual, corporation, partnership,
 limited partnership, limited liability company, association,
 trust, or other legal entity owning or operating [owner or operator
 of] a parking facility[, including a lessee, employee, or agent of
 an owner or operator];
 (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.
 (8-a)  "Private property tow" means any tow of a
 vehicle authorized by a parking facility owner.
 SECTION 2. Subchapter B, Chapter 2308, Occupations Code, is
 amended by adding Section 2308.0575 to read as follows:
 Sec. 2308.0575.  RULES ON FEES; STUDY; CONFIDENTIAL
 INFORMATION.  (a)  To protect the public health and safety, the
 commission by rule shall establish:
 (1)  the fees that may be charged in connection with a
 private property tow;
 (2)  the maximum amount that may be charged for fees,
 other than tow fees, that may be assessed by a towing company in
 connection with a private property tow; and
 (3)  a maximum amount that may be charged for the
 following private property tows:
 (A)  standard light-duty tows of motor vehicles
 with a gross weight rating of 10,000 pounds or less;
 (B)  medium-duty tows of motor vehicles with a
 gross weight rating of more than 10,000 pounds, but less than 25,000
 pounds; and
 (C)  heavy-duty tows of motor vehicles with a
 gross weight rating that exceeds 25,000 pounds.
 (b)  In adopting rules under Subsection (a), the commission
 shall:
 (1)  consider private property towing fee studies
 conducted by municipalities in this state; and
 (2)  conduct studies of private property towing fees
 that analyze cost of service by company, the consumer price index,
 geographic area, and individual cost components.
 (c)  The commission may structure the maximum amounts that
 may be charged for private property tows based on hourly or flat
 fees or by geographic location.
 (d)  The commission shall maintain the confidentiality of
 information contained in a study conducted under this section that
 is claimed to be confidential for competitive purposes and may not
 release information that identifies a person or company. The
 confidential information is exempt from disclosure under Chapter
 552, Government Code.
 (e)  To protect the confidentiality of the information, the
 commission shall aggregate the information to the maximum extent
 possible considering the purpose of the study.
 SECTION 3. Section 2308.060, Occupations Code, is amended
 to read as follows:
 Sec. 2308.060. POWERS AND DUTIES OF ADVISORY BOARD. The
 advisory board shall provide advice and recommendations to the
 department on technical matters relevant to the administration and
 enforcement of this chapter, including examination content,
 licensing standards, [and] continuing education requirements, and
 maximum amounts that may be charged for fees related to private
 property tows.
 SECTION 4. Section 2308.202, Occupations Code, is amended
 to read as follows:
 Sec. 2308.202. REGULATION BY POLITICAL SUBDIVISIONS OF FEES
 FOR NONCONSENT TOWS. The governing body of a political subdivision
 may regulate the fees that may be charged or collected in connection
 with a nonconsent tow originating in the territory of the political
 subdivision if the fees:
 (1) are authorized by commission rule; and
 (2)  for private property tows, do not exceed the
 maximum amount authorized by commission rule.
 SECTION 5. Section 2308.204, Occupations Code, is amended
 to read as follows:
 Sec. 2308.204. FEES FOR NONCONSENT TOWS IN OTHER AREAS.
 [(a)] In an area in which no political subdivision regulates the
 fees that may be charged or collected in connection with [for] a
 nonconsent tow [from private property], a towing company may charge
 and collect fees [a fee] for the tow of a motor vehicle [from
 private property] in an amount not to exceed the maximum amount
 authorized by commission rule [an amount equal to 150 percent of the
 fee that the towing company would have been authorized to charge for
 a nonconsent tow made at the request of a peace officer of the
 political subdivision in which the private property is located].
 [(b)     A towing company may charge and collect a fee for the
 tow of a vehicle, with a gross vehicle weight rating in excess of
 26,000 pounds, from private property in an amount not to exceed an
 amount equal to 125 percent of the fee that the towing company would
 have been authorized to charge for a nonconsent tow made at the
 request of a peace officer of the political subdivision in which the
 private property is located.]
 SECTION 6. Section 2308.206, Occupations Code, is amended
 by adding Subsections (f) and (g) to read as follows:
 (f)  A license or permit holder may not charge a fee related
 to a nonconsent tow that is not listed in the schedule most recently
 submitted to the department under this section.
 (g)  The department may require a license or permit holder
 that has violated Subsection (e) or (f) to reimburse the vehicle
 owner or operator for the charges.
 SECTION 7. Section 2308.208, Occupations Code, is amended
 to read as follows:
 Sec. 2308.208. MUNICIPAL ORDINANCE REGULATING UNAUTHORIZED
 VEHICLES AND TOWING OF MOTOR VEHICLES. A municipality may adopt an
 ordinance that is identical to this chapter or that imposes
 additional requirements that exceed the minimum standards of this
 chapter but may not adopt an ordinance conflicting with this
 chapter.
 SECTION 8. Section 2308.252(a), Occupations Code, 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 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) the parking facility owner has provided to the
 towing company written notice of the name of the parking facility
 authorized agent 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 9. Section 2308.255(a), Occupations Code, is
 amended to read as follows:
 (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, remove and store 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); 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) the parking facility owner has provided to the
 towing company written notice of the name of the parking facility
 authorized agent and the vehicle is:
 (A) left in violation of Section 2308.251; or
 (B) in or obstructing a portion of a paved
 driveway or abutting public roadway used for entering or exiting
 the facility and the removal is approved by a peace officer.
 SECTION 10. Section 2308.404(c), Occupations Code, is
 amended to read as follows:
 (c) A towing 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 [$300] plus three times the amount of
 fees assessed in the vehicle's removal, towing, or storage.
 SECTION 11. Section 2308.405, Occupations Code, is amended
 to read as follows:
 Sec. 2308.405. CRIMINAL PENALTY [VIOLATION OF CHAPTER;
 FINE]. A person commits an offense if the person violates
 [violation of] this chapter. An offense under this section is a
 Class B misdemeanor [punishable by a fine of not less than $500 or
 more than $1,500].
 SECTION 12. Section 2308.451(b), Occupations Code, is
 amended to read as follows:
 (b) If in a hearing held under this chapter the court does
 not find that a person or law enforcement agency authorized, with
 probable cause, the removal and storage in a vehicle storage
 facility of a vehicle, the parking facility owner [person] or law
 enforcement agency that authorized the removal shall:
 (1) pay the costs of the removal and storage; or
 (2) reimburse the owner or operator for the cost of the
 removal and storage paid by the owner or operator.
 SECTION 13. Section 2308.453, Occupations Code, is amended
 to read as follows:
 Sec. 2308.453. JURISDICTION. A hearing under this chapter
 shall be in the justice court having jurisdiction in the precinct
 from [in] which the motor vehicle was towed [storage facility is
 located].
 SECTION 14. Section 2308.454, Occupations Code, is amended
 by adding Subsection (c) to read as follows:
 (c)  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
 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 removal and storage of
 the vehicle.
 SECTION 15. Section 2308.455, Occupations Code, 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 remove the vehicle;
 (B) the information that a request for a hearing
 must contain; and
 (C) any filing fee for the hearing;
 (2) the name, address, and telephone number of the
 towing company that removed the vehicle;
 (3) the name, address, and telephone number of the
 vehicle storage facility in which the vehicle was placed;
 (4) the full name, street address including city,
 state, and zip code, and telephone number of the person, parking
 facility [property] owner, or law enforcement agency that
 authorized the removal of the vehicle; and
 (5) the name, address, and telephone number of the
 justice court having jurisdiction in the precinct in which the
 vehicle storage facility is located.
 SECTION 16. Section 2308.456, Occupations Code, is amended
 by amending Subsection (a) and adding Subsection (c-1) to read as
 follows:
 (a) Except as provided by Subsections [Subsection] (c) and
 (c-1), a person entitled to a hearing under this chapter must
 deliver a written request for the hearing to the court before the
 14th day after the date the vehicle was removed and placed in the
 vehicle storage facility, excluding Saturdays, Sundays, and legal
 holidays.
 (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).
 SECTION 17. Section 2308.458(b), Occupations Code, is
 amended to read as follows:
 (b) The court shall notify the person who requested the
 hearing, the parking facility owner [person] or law enforcement
 agency that authorized the removal of the vehicle, 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 parking
 facility owner [person] or law enforcement agency that authorized
 the removal of the vehicle shall include a copy of the request for
 hearing.
 SECTION 18. Section 2308.460, Occupations Code, is amended
 to read as follows:
 Sec. 2308.460. 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 license holder'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.
 (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 renewing a
 license or permit or deny the person the opportunity of taking a
 licensing examination on the grounds that the person, towing
 company, 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, towing company, or vehicle
 storage facility.
 SECTION 19. Section 2303.159(a), Occupations Code, is
 amended to read as follows:
 (a) The operator of a vehicle storage facility shall accept
 payment by an electronic check, debit card, or credit card for any
 charge associated with delivery or storage of a vehicle. The
 operator of a vehicle storage facility may not collect a fee for any
 charge associated with delivery or storage of a vehicle from a
 person who offers to pay the charge with an electronic check, debit
 card, or credit card form of payment that the operator is not
 equipped to accept.
 SECTION 20. Not later than April 1, 2010, the Texas
 Commission of Licensing and Regulation shall adopt the rules
 necessary to implement the changes in law made by this Act,
 including rules on the maximum amount of fees that may be charged
 for private property tows.
 SECTION 21. (a) The change in law made by this Act to
 Section 2308.405, Occupations Code, applies only to an offense
 committed on or after the effective date of this Act. For purposes
 of this section, an offense is committed before the effective date
 of this Act if any element of the offense occurs before that date.
 (b) An offense committed before the effective date of this
 Act is covered by the law in effect when the offense was committed,
 and the former law is continued in effect for that purpose.
 SECTION 22. (a) Except as provided by Subsection (b) of
 this section, this Act takes effect September 1, 2009.
 (b) Sections 2308.202 and 2308.204, Occupations Code, as
 amended by this Act, take effect May 1, 2010.