82R19977 SLB-F
By: Hamilton H.B. No. 3510
Substitute the following for H.B. No. 3510:
By: Quintanilla C.S.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 a law enforcement
agency unless the law enforcement agency requests a report of
incident management tows within the jurisdiction of the agency. In
this subsection, "incident management tow" has the meaning assigned
by Section 2308.002.
SECTION 2. Section 2303.154(a), Occupations Code, is
amended to read as follows:
(a) If a vehicle is not claimed by a person permitted to
claim the vehicle or [is not taken into custody by] a law
enforcement agency has not taken an action in response to a notice
under Section 683.031(c) [Chapter 683], Transportation Code,
before the 15th [41st] day after the date notice is mailed or
published under Section 2303.151 or 2303.152, the vehicle is
considered abandoned and the operator of the vehicle storage
facility shall send a second notice to the registered owner and the
primary lienholder of the vehicle in compliance with the
requirements of Section 683.012, Transportation Code, for a notice
sent by a law enforcement agency.
SECTION 3. 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 for services regulated under this
chapter or Chapter 2308, including charges for an incident
management tow, as defined by Section 2308.002 [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 4. Sections 2308.002(5-a) and (7), Occupations
Code, are amended to read as follows:
(5-a) "Incident management tow" means any tow of a
vehicle in which the tow truck is summoned because of a traffic
accident or to an incident, including the removal of a vehicle,
cargo, and debris from an accident or incident scene.
(7) "Parking facility" means public or private
property used, wholly or partly, for restricted or paid vehicle
parking. The term includes:
(A) a restricted space on a portion of an
otherwise unrestricted parking facility; and
(B) a commercial parking lot, a parking garage,
and a parking area serving or adjacent to a business, church,
school, home that charges a fee for parking, apartment complex,
property governed by a property owners' association, or
government-owned property leased to a private person, including:
(i) a portion of the right-of-way of a
public roadway that is leased by a governmental entity to the
parking facility owner; and
(ii) the area between the facility's
property line abutting a county or municipal public roadway and the
center line of the roadway's drainage way or the curb of the
roadway, whichever is farther from the facility's property line.
SECTION 5. Section 2308.057, Occupations Code, is amended
to read as follows:
Sec. 2308.057. RULES. (a) The commission shall adopt rules
for permitting tow trucks and licensing towing operators, towing
companies, booting companies, and boot operators. The commission
may adopt different rules applicable to each type of permit or
license.
(a-1) The commission shall adopt [, including] rules for
denial of applications and permits if the applicant, a partner,
principal, officer, or general manager of the applicant, or other
license or permit holder has:
(1) a criminal conviction, or has pleaded guilty or
nolo contendere to an offense, before the date of the application,
for:
(A) a felony; or
(B) a misdemeanor punishable by confinement in
jail or by a fine in an amount that exceeds $500;
(2) violated an order of the commission or executive
director, including an order for sanctions or administrative
penalties;
(3) failed to submit a license or permit bond in an
amount established by the commission;
(4) knowingly submitted false or incomplete
information on the application; or
(5) filed an application to permit a tow truck
previously permitted by a license or permit holder.
(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 6. Section 2308.158, Occupations Code, is amended
to read as follows:
Sec. 2308.158. [ALCOHOL AND] DRUG TESTING OF TOWING
OPERATORS. (a) A towing company shall establish a [an alcohol and]
drug testing policy for towing operators. A towing company that
establishes a [an alcohol and] drug testing policy under this
subsection may adopt the model [alcohol and] drug testing policy
adopted by the commission or may use another [alcohol and] drug
testing policy that the department determines is at least as
stringent as the policy adopted by the commission.
(b) The commission by rule shall adopt a model [alcohol and]
drug testing policy for use by a towing company. The model [alcohol
and] drug testing policy must be designed to ensure the safety of
the public through appropriate [alcohol and] drug testing and to
protect the rights of employees. The model [alcohol and] drug
testing policy must:
(1) require at least one scheduled drug test each year
for each towing operator; and
(2) authorize random, unannounced [alcohol and] drug
testing for towing operators.
SECTION 7. 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 type as required by this chapter or
commission rule;
(3) paying a renewal fee; and
(4) [(2)] completing continuing education as required
by Section 2308.157.
SECTION 8. Subchapter E, Chapter 2308, Occupations Code, is
amended by adding Section 2308.2065 to read as follows:
Sec. 2308.2065. FEES FOR PRIVATE PROPERTY TOWS; REFUNDS.
(a) A license or permit holder may not charge a fee for a private
property tow that is greater than:
(1) the fee for a private property tow established
under Section 2308.0575; or
(2) a fee for a private property tow authorized by a
political subdivision.
(b) A license or permit holder may not charge a fee for a
service related to a private property tow that is not included in
the list of fees established:
(1) under Section 2308.0575; or
(2) by a political subdivision.
(c) The department may require a license or permit holder to
refund to a vehicle owner or operator the:
(1) amount charged to the owner or operator in excess
of the amounts established by commission rule or by a political
subdivision; or
(2) total amount of the charges for a service not
listed in the amounts established by commission rule or by a
political subdivision.
SECTION 9. 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 substantially 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) on request the parking facility owner provides to
the owner or operator of the vehicle information on the name of the
towing company and vehicle storage facility that will be used to
remove and store the vehicle 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 10. Subchapter F, Chapter 2308, Occupations Code,
is amended by adding Section 2308.2545 to read as follows:
Sec. 2308.2545. AUTHORITY TO REMOVE VEHICLE FROM HOME. (a)
A homeowner or tenant under a written lease agreement who does not
charge for parking may authorize the removal of an unauthorized
vehicle if the vehicle is blocking entry to or exit from the home or
the driveway of the home.
(b) Sections 2308.252 and 2308.253 do not apply to a removal
authorized under this section.
SECTION 11. 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 12. Sections 2308.255(a) and (d), Occupations Code,
are 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) on request the parking facility owner provides to
the owner or operator of the vehicle information on the name of the
towing company and vehicle storage facility that will be used to
remove and store the vehicle and the vehicle is:
(A) left in violation of Section 2308.251; [or]
(B) in or obstructing a portion of a paved
driveway; or
(C) on a [abutting] public roadway used for
entering or exiting the facility and the removal is approved by a
peace officer.
(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 13. 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 14. Subchapter F, Chapter 2308, Occupations Code,
is amended by adding Section 2308.2565 to read as follows:
Sec. 2308.2565. VEHICLE STORAGE FACILITY DUTY TO REPORT
AFTER ACCEPTING UNAUTHORIZED VEHICLE. (a) Except for an incident
management tow requested by a law enforcement agency, a vehicle
storage facility accepting a vehicle that is towed under this
chapter shall within two hours after receiving the vehicle report
to the police department of the municipality from which the vehicle
was towed or, if the vehicle was towed from a location that is not in
a municipality with a police department, to the sheriff of the
county from which the vehicle was towed:
(1) a general description of the vehicle;
(2) the state and number of the vehicle's license
plate, if any;
(3) the vehicle identification number of the vehicle,
if it can be ascertained;
(4) the location from which the vehicle was towed; and
(5) the name and location of the vehicle storage
facility in which the vehicle is being stored.
(b) A law enforcement agency may request a report, in a
manner prescribed by the law enforcement agency, of incident
management tows within the jurisdiction of the agency.
SECTION 15. 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 16. 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 17. 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 18. 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 19. Section 2308.451(a), Occupations Code, is
amended to read as follows:
(a) If in a hearing held under this chapter the court finds
that a person or law enforcement agency authorized, with probable
cause, the removal and storage in a vehicle storage facility of a
vehicle, the person who requested the hearing shall pay the costs of
the removal and storage, court costs, and, at the discretion of the
court, attorney's fees.
SECTION 20. Section 2308.451(c), Occupations Code, as added
by Chapter 845 (S.B. 2153), Acts of the 81st Legislature, Regular
Session, 2009, is amended to read as follows:
(c) If in a hearing held under this chapter the court finds
that a person authorized, with probable cause, the booting of a
vehicle in a parking facility, the person who requested the hearing
shall pay the costs of the booting, court costs, and, at the
discretion of the court, attorney's fees.
SECTION 21. 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 and amended 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 in which the vehicle storage facility
is located [from which the motor vehicle was towed]; or
(2) for booted vehicles, the precinct in which the
parking facility is located.
SECTION 22. The heading to Section 2308.455, Occupations
Code, is amended to read as follows:
Sec. 2308.455. CONTENTS OF NOTICE FOR NONCONSENT TOWS.
SECTION 23. Sections 2308.458(b), (c), and (e), Occupations
Code, are amended to read as follows:
(b) The court shall notify the person who requested the
hearing for a towed vehicle, the parking facility owner or law
enforcement agency that authorized the removal of the vehicle, the
towing company, 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 towing company and the parking facility
owner or law enforcement agency that authorized the removal of the
vehicle must include a copy of the request for hearing. Notice to
the law enforcement agency that authorized the removal of the
vehicle is sufficient as notice to the political subdivision in
which the law enforcement agency is located.
(c) The issues in a hearing regarding a towed vehicle under
this chapter are:
(1) whether probable cause existed for the removal and
placement of the vehicle;
(2) whether a towing charge imposed or collected in
connection with the removal or placement of the vehicle was greater
than the amount authorized by the political subdivision under
Section 2308.201 or 2308.202;
(3) whether a towing charge imposed or collected in
connection with the removal or placement of the vehicle was greater
than the amount authorized under Section 2308.203 or 2308.204; or
(4) whether a towing charge imposed or collected in
connection with the removal or placement of the vehicle was greater
than the amount authorized [filed with the department] under
Section 2308.206.
(e) The court may award:
(1) court costs and attorney's fees to the prevailing
party;
(2) the reasonable cost of photographs submitted under
Section 2308.456(b)(8) to a vehicle owner or operator who is the
prevailing party;
(3) an amount equal to the amount that the towing
charge or booting removal charge and associated parking fees
exceeded fees regulated by a political subdivision or authorized by
this code or by Chapter 2303; and
(4) reimbursement of fees paid for vehicle towing,
storage, or removal of a boot.
SECTION 24. Section 2308.459, Occupations Code, is amended
to read as follows:
Sec. 2308.459. APPEAL. (a) An appeal from a hearing under
this chapter is governed by the rules of procedure applicable to
civil cases in justice court, except that no appeal bond may be
required by the court.
(b) Failure of a party to participate in a hearing under
Section 2308.458 constitutes waiver of the party's right to appeal
to a higher court.
SECTION 25. 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 26. 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 27. (a) The following sections of the Occupations
Code are repealed:
(1) Section 2303.154(a-1);
(2) Section 2308.204;
(3) Section 2308.206; and
(4) Section 2308.404(d).
(b) Section 2308.256(a), Occupations Code, as amended by
Chapter 1310 (H.B. 2571), Acts of the 81st Legislature, Regular
Session, 2009, is repealed to conform to the repeal of Section
2308.256, Occupations Code, by Chapter 757 (S.B. 702), Acts of the
81st Legislature, Regular Session, 2009.
SECTION 28. (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.
(c) The Texas Commission of Licensing and Regulation shall
adopt rules to implement the changes in law made by this Act to
Chapters 2303 and 2308, Occupations Code, not later than January 1,
2012.
(d) The changes in law made by Section 2303.154, Occupations
Code, as amended by this Act, apply to a vehicle accepted by a
vehicle storage facility on or after the effective date of this Act.
A vehicle accepted before the effective date of this Act is governed
by the law in effect at the time the vehicle was accepted, and the
former law is continued in effect for that purpose.
(e) The changes in law made by Sections 2308.451, 2308.453,
2308.455, and 2308.459, Occupations Code, as amended by this Act,
apply to a hearing based on a petition filed on or after the
effective date of this Act. A hearing based on a petition filed
before the effective date of this Act is governed by the law in
effect on the date the petition was filed, and the former law is
continued in effect for that purpose.
SECTION 29. 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 30. This Act takes effect September 1, 2011.