| 1 | 1 | | 81R10489 JAM-F |
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| 2 | 2 | | By: Kuempel H.B. No. 3087 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the regulation of the towing and storage of certain |
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| 8 | 8 | | motor vehicles. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter D, Chapter 2303, Occupations Code, is |
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| 11 | 11 | | amended by adding Section 2303.1511 to read as follows: |
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| 12 | 12 | | Sec. 2303.1511. NOTICE TO LOCAL LAW ENFORCEMENT AGENCY. |
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| 13 | 13 | | (a) This section applies only to vehicles that have been the |
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| 14 | 14 | | subject of a nonconsent tow: |
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| 15 | 15 | | (1) from private property; or |
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| 16 | 16 | | (2) at the request of a local law enforcement agency. |
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| 17 | 17 | | (b) In addition to other notices required by law, the |
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| 18 | 18 | | operator of a vehicle storage facility shall send an electronic |
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| 19 | 19 | | notification to each local law enforcement agency with jurisdiction |
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| 20 | 20 | | over the area from which a vehicle is towed: |
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| 21 | 21 | | (1) after the vehicle storage facility receives a |
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| 22 | 22 | | vehicle described by Subsection (a); and |
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| 23 | 23 | | (2) before the vehicle storage facility releases or |
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| 24 | 24 | | disposes of a vehicle described by Subsection (a). |
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| 25 | 25 | | (c) The commission may adopt rules necessary to administer |
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| 26 | 26 | | this section including establishing requirements for a notice and |
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| 27 | 27 | | the content of the notice sent under this section. |
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| 28 | 28 | | SECTION 2. Section 2308.202, Occupations Code, is amended |
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| 29 | 29 | | to read as follows: |
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| 30 | 30 | | Sec. 2308.202. REGULATION BY CERTAIN POLITICAL |
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| 31 | 31 | | SUBDIVISIONS OF FEES FOR NONCONSENT TOWS. The governing body of a |
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| 32 | 32 | | municipality or a county commissioners court [political |
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| 33 | 33 | | subdivision] may regulate the fees that may be charged or collected |
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| 34 | 34 | | in connection with: |
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| 35 | 35 | | (1) a nonconsent tow originating in the territory of |
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| 36 | 36 | | the municipality or county; and |
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| 37 | 37 | | (2) the storage of a vehicle that has been the subject |
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| 38 | 38 | | of a nonconsent tow at a vehicle storage facility located in the |
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| 39 | 39 | | territory of the municipality or county [political subdivision]. |
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| 40 | 40 | | SECTION 3. Section 2303.1511, Occupations Code, as added by |
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| 41 | 41 | | this Act, applies only to a vehicle received by a vehicle storage |
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| 42 | 42 | | facility on or after the effective date of this Act. A vehicle |
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| 43 | 43 | | received before the effective date of this Act is governed by the |
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| 44 | 44 | | law in effect immediately before that date, and that law is |
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| 45 | 45 | | continued in effect for that purpose. |
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| 46 | 46 | | SECTION 4. This Act takes effect September 1, 2009. |
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