H.B. No. 338
AN ACT
relating to the court in which a hearing regarding the towing of a
motor vehicle may be held.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2308.453, Occupations Code, is amended
to read as follows:
Sec. 2308.453. JURISDICTION. A hearing under this chapter
shall be in any [the] justice court [having jurisdiction] in:
(1) the county [precinct] from which the motor vehicle
was towed; or
(2) for booted vehicles, the county [precinct] in
which the parking facility is located.
SECTION 2. 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, or install a boot on, the vehicle;
(B) the information that a request for a hearing
must contain; [and]
(C) any filing fee for the hearing; and
(D) the person's right to request a hearing in
any justice court in:
(i) the county from which the vehicle was
towed; or
(ii) for booted vehicles, the county in
which the parking facility is located;
(2) the name, address, and telephone number of the
towing company that removed the vehicle or the booting company that
booted the vehicle;
(3) the name, address, [and] telephone number, and
county of the vehicle storage facility in which the vehicle was
placed;
(4) the name, street address including city, state,
and zip code, and telephone number of the person, parking facility
owner, or law enforcement agency that authorized the removal of the
vehicle; and
(5) the name, address, and telephone number of each
[the] justice court [having jurisdiction] in the county from
[precinct in] which the vehicle was towed or, for booted vehicles,
the county in which the parking facility is located, or the address
of an Internet website maintained by the Office of Court
Administration of the Texas Judicial System that contains the name,
address, and telephone number of each justice court in that county
[parking facility is located].
SECTION 3. The change in law made by this Act applies only
to a cause of action filed on or after the effective date of this
Act. A cause of action filed before the effective date of this Act
is governed by the law in effect on the date the action was filed,
and the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 338 was passed by the House on April
11, 2013, by the following vote: Yeas 144, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 338 on May 20, 2013, by the following vote: Yeas 144, Nays 0, 2
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 338 was passed by the Senate, with
amendments, on May 17, 2013, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor