| 1 | 1 | | 85R9243 BEE-D |
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| 2 | 2 | | By: Neave H.B. No. 2426 |
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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 notice of a person's right to a hearing placed on a sign |
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| 8 | 8 | | prohibiting unauthorized vehicles on a parking facility. |
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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. Section 2308.301(b), Occupations Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (b) Except as provided by Section 2308.305, an unauthorized |
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| 13 | 13 | | vehicle may be towed under Section 2308.252(a)(1) or booted under |
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| 14 | 14 | | Section 2308.257 only if each sign prohibiting unauthorized |
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| 15 | 15 | | vehicles: |
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| 16 | 16 | | (1) is made of weather-resistant material; |
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| 17 | 17 | | (2) is at least 18 inches wide and 24 inches tall; |
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| 18 | 18 | | (3) contains the international symbol for towing |
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| 19 | 19 | | vehicles; |
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| 20 | 20 | | (4) contains a statement describing who may park in |
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| 21 | 21 | | the parking facility and prohibiting all others; |
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| 22 | 22 | | (5) bears the words, as applicable: |
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| 23 | 23 | | (A) "Unauthorized Vehicles Will Be Towed or |
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| 24 | 24 | | Booted at Owner's or Operator's Expense"; |
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| 25 | 25 | | (B) "Unauthorized Vehicles Will Be Towed at |
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| 26 | 26 | | Owner's or Operator's Expense"; or |
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| 27 | 27 | | (C) "Unauthorized Vehicles Will Be Booted at |
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| 28 | 28 | | Owner's or Operator's Expense"; |
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| 29 | 29 | | (6) contains a statement of the days and hours of |
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| 30 | 30 | | towing and booting enforcement; [and] |
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| 31 | 31 | | (7) contains a number, including the area code, of a |
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| 32 | 32 | | telephone that is answered 24 hours a day to enable an owner or |
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| 33 | 33 | | operator of a vehicle to locate a towed vehicle or to arrange for |
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| 34 | 34 | | removal of a boot from a vehicle; and |
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| 35 | 35 | | (8) contains a statement describing a person's right |
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| 36 | 36 | | to request a court hearing to determine whether probable cause |
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| 37 | 37 | | existed to remove, or install a boot on, a vehicle. |
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| 38 | 38 | | SECTION 2. Section 2308.302, Occupations Code, is amended |
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| 39 | 39 | | by amending Subsection (d) and adding Subsection (f) to read as |
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| 40 | 40 | | follows: |
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| 41 | 41 | | (d) Except as provided by Subsections [Subsection] (e) and |
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| 42 | 42 | | (f), the next lower portion of the sign must contain the remaining |
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| 43 | 43 | | information required by Section 2308.301(b) displayed in bright red |
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| 44 | 44 | | letters at least one inch in height on a white background. |
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| 45 | 45 | | (f) A sign that otherwise meets the requirements of this |
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| 46 | 46 | | subchapter meets the requirements of Section 2308.301(b)(8) if a |
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| 47 | 47 | | separate sign installed directly above or below the sign contains |
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| 48 | 48 | | the statement describing a person's right to request a hearing |
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| 49 | 49 | | required by Section 2308.301(b)(8). |
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| 50 | 50 | | SECTION 3. This Act takes effect September 1, 2018. |
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