81R10489 JAM-F
By: Kuempel H.B. No. 3087
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of the towing and storage of certain
motor vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 2303, Occupations Code, is
amended by adding Section 2303.1511 to read as follows:
Sec. 2303.1511. NOTICE TO LOCAL LAW ENFORCEMENT AGENCY.
(a) This section applies only to vehicles that have been the
subject of a nonconsent tow:
(1) from private property; or
(2) at the request of a local law enforcement agency.
(b) In addition to other notices required by law, the
operator of a vehicle storage facility shall send an electronic
notification to each local law enforcement agency with jurisdiction
over the area from which a vehicle is towed:
(1) after the vehicle storage facility receives a
vehicle described by Subsection (a); and
(2) before the vehicle storage facility releases or
disposes of a vehicle described by Subsection (a).
(c) The commission may adopt rules necessary to administer
this section including establishing requirements for a notice and
the content of the notice sent under this section.
SECTION 2. Section 2308.202, Occupations Code, is amended
to read as follows:
Sec. 2308.202. REGULATION BY CERTAIN POLITICAL
SUBDIVISIONS OF FEES FOR NONCONSENT TOWS. The governing body of a
municipality or a county commissioners court [political
subdivision] may regulate the fees that may be charged or collected
in connection with:
(1) a nonconsent tow originating in the territory of
the municipality or county; and
(2) the storage of a vehicle that has been the subject
of a nonconsent tow at a vehicle storage facility located in the
territory of the municipality or county [political subdivision].
SECTION 3. Section 2303.1511, Occupations Code, as added by
this Act, applies only to a vehicle received by a vehicle storage
facility on or after the effective date of this Act. A vehicle
received before the effective date of this Act is governed by the
law in effect immediately before that date, and that law is
continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2009.