82R9670 SLB-F
By: Hamilton H.B. No. 3510
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of the towing, booting, and storage of
vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2303.1511, Occupations Code, is amended
by adding Subsection (c) to read as follows:
(c) This section does not apply to a vehicle received as a
result of an incident management tow requested by law enforcement.
In this subsection, "incident management tow" has the meaning
assigned by Section 2308.002.
SECTION 2. Section 2303.160(c), Occupations Code, is
amended to read as follows:
(c) Subsection (b) does not require a vehicle storage
facility to release a vehicle to the owner or operator of the
vehicle if the owner or operator of the vehicle does not:
(1) pay the charges associated with delivery or
storage of the vehicle; and
(2) present valid photo identification issued by this
state, another state, [or] a federal agency, or a foreign
government.
SECTION 3. Section 2308.057(b), Occupations Code, is
amended to read as follows:
(b) The commission by rule shall adopt:
(1) standards of conduct for license and permit
holders under this chapter; and
(2) requirements for a consent tow, private property
tow, and incident management tow.
SECTION 4. Section 2308.159(c), Occupations Code, is
amended to read as follows:
(c) A license holder may renew a license issued under this
chapter by:
(1) submitting an application on a form prescribed by
the executive director;
(2) submitting evidence demonstrating compliance with
the requirements for the license;
(3) paying a renewal fee; and
(4) [(2)] completing continuing education as required
by Section 2308.157.
SECTION 5. Section 2308.206(a), Occupations Code, is
amended to read as follows:
(a) A [Before January 31 of each year, a] towing company
shall file with the department a fee schedule showing each towing
fee that the towing company charges or collects in connection with a
nonconsent tow:
(1) with an original application for a license under
this chapter;
(2) on renewal of a license issued under this chapter;
(3) on the date the towing company changes a fee on a
previously filed fee schedule; and
(4) as required by commission rule.
SECTION 6. The heading to Section 2308.255, Occupations
Code, is amended to read as follows:
Sec. 2308.255. TOWING COMPANY'S OR BOOT OPERATOR'S
AUTHORITY TO REMOVE AND STORE OR BOOT UNAUTHORIZED VEHICLE.
SECTION 7. Section 2308.255(d), Occupations Code, is
amended to read as follows:
(d) A towing company may remove and store a vehicle under
Subsection (a) and a boot operator may boot a vehicle under Section
2308.257 only if the parking facility owner:
(1) requests that the towing company remove and store
or that the boot operator boot the specific vehicle; or
(2) has a standing written agreement with the towing
company or boot operator to enforce parking restrictions in the
parking facility [from which the vehicle will be removed].
SECTION 8. Section 2308.257, Occupations Code, as added by
Chapter 757 (S.B. 702), Acts of the 81st Legislature, Regular
Session, 2009, is redesignated as Section 2308.2555, Occupations
Code, to read as follows:
Sec. 2308.2555 [2308.257]. REMOVAL OF CERTAIN UNAUTHORIZED
VEHICLES IN RURAL AREAS. (a) This section applies only to an
abandoned vehicle that has damaged a fence on private property in a
rural area.
(b) A law enforcement agency directing a towing company or
tow operator to remove an abandoned vehicle that is located on
private property shall provide the towing company or tow operator
with the name and telephone number of the property owner or the
owner's agent if the owner or agent has provided the information to
the law enforcement agency.
(c) A towing company or tow operator provided with
information under Subsection (b) shall contact the property owner
or the owner's agent before entering private property to tow a
vehicle described by Subsection (a).
SECTION 9. Section 2308.301(b), Occupations Code, is
amended to read as follows:
(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 prohibiting all others;
(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"; or
(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 10. Section 2308.302(c), Occupations Code, is
amended to read as follows:
(c) The portion of the sign immediately below the
international towing symbol must:
(1) [contain the words "Towing And Booting Enforced"]
in lettering at least two inches in height, contain the words, as
applicable:
(A) "Towing and Booting Enforced";
(B) "Towing Enforced"; or
(C) "Booting Enforced"; and
(2) [. The lettering on this portion of the sign
must] consist of white letters on a bright red background.
SECTION 11. Section 2308.401, Occupations Code, is amended
by adding Subsection (c) to read as follows:
(c) This section does not apply to a sign required under
Section 2308.301 provided by a towing or booting company to a
parking facility owner.
SECTION 12. Section 2308.402, Occupations Code, is amended
by adding Subsection (c) to read as follows:
(c) This section does not apply to a sign required under
Section 2308.301 provided by a towing or booting company to a
parking facility owner.
SECTION 13. Section 2308.453, Occupations Code, as amended
by Chapters 845 (S.B. 2153) and 1310 (H.B. 2571), Acts of the 81st
Legislature, Regular Session, 2009, is reenacted to read as
follows:
Sec. 2308.453. JURISDICTION. A hearing under this chapter
shall be in the justice court having jurisdiction in:
(1) the precinct from which the motor vehicle was
towed; or
(2) for booted vehicles, the precinct in which the
parking facility is located.
SECTION 14. Section 2308.504(b), Occupations Code, is
amended to read as follows:
(b) An offense under this section is a Class C misdemeanor.
An offense under this section is enforceable by law enforcement.
SECTION 15. Section 2308.505(b), Occupations Code, is
amended to read as follows:
(b) An offense under this section is a misdemeanor
punishable by a fine of not less than $200 or more than $1,000 per
violation. An offense under this section is enforceable by law
enforcement.
SECTION 16. (a) The change in law made by this Act to
Section 2308.159, Occupations Code, applies only to an application
for renewal of a license made on or after September 1, 2011.
(b) An application for renewal of a license made before
September 1, 2011, is governed by the law as it existed immediately
before September 1, 2011, and that law is continued in effect for
that purpose.
SECTION 17. To the extent of any conflict, this Act prevails
over another Act of the 82nd Legislature, Regular Session, 2011,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 18. This Act takes effect September 1, 2011.