| 1 | 1 | | 85R24018 BEE-F |
|---|
| 2 | 2 | | By: Neave H.B. No. 2427 |
|---|
| 3 | 3 | | Substitute the following for H.B. No. 2427: |
|---|
| 4 | 4 | | By: Alvarado C.S.H.B. No. 2427 |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to notice and request for a hearing regarding a vehicle |
|---|
| 10 | 10 | | that has been towed or booted. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Section 2308.455, Occupations Code, is amended |
|---|
| 13 | 13 | | to read as follows: |
|---|
| 14 | 14 | | Sec. 2308.455. CONTENTS OF NOTICE. The notice under |
|---|
| 15 | 15 | | Section 2308.454 must include: |
|---|
| 16 | 16 | | (1) a statement of: |
|---|
| 17 | 17 | | (A) the person's right to submit a request within |
|---|
| 18 | 18 | | 60 [14] days for a court hearing to determine whether probable cause |
|---|
| 19 | 19 | | existed to remove, or install a boot on, the vehicle; |
|---|
| 20 | 20 | | (B) the information that a request for a hearing |
|---|
| 21 | 21 | | must contain; |
|---|
| 22 | 22 | | (C) any filing fee for the hearing; and |
|---|
| 23 | 23 | | (D) the person's right to request a hearing in |
|---|
| 24 | 24 | | any justice court in: |
|---|
| 25 | 25 | | (i) the county from which the vehicle was |
|---|
| 26 | 26 | | towed; or |
|---|
| 27 | 27 | | (ii) for booted vehicles, the county in |
|---|
| 28 | 28 | | which the parking facility is located; |
|---|
| 29 | 29 | | (2) the name, address, and telephone number of the |
|---|
| 30 | 30 | | towing company that removed the vehicle or the booting company that |
|---|
| 31 | 31 | | booted the vehicle; |
|---|
| 32 | 32 | | (3) the name, address, telephone number, and county of |
|---|
| 33 | 33 | | the vehicle storage facility in which the vehicle was placed; |
|---|
| 34 | 34 | | (4) the name, street address including city, state, |
|---|
| 35 | 35 | | and zip code, and telephone number of the person, parking facility |
|---|
| 36 | 36 | | owner, or law enforcement agency that authorized the removal of the |
|---|
| 37 | 37 | | vehicle; and |
|---|
| 38 | 38 | | (5) the name, address, and telephone number of each |
|---|
| 39 | 39 | | justice court in the county from which the vehicle was towed or, for |
|---|
| 40 | 40 | | booted vehicles, the county in which the parking facility is |
|---|
| 41 | 41 | | located, or the address of an Internet website maintained by the |
|---|
| 42 | 42 | | Office of Court Administration of the Texas Judicial System that |
|---|
| 43 | 43 | | contains the name, address, and telephone number of each justice |
|---|
| 44 | 44 | | court in that county. |
|---|
| 45 | 45 | | SECTION 2. Sections 2308.456(a), (c), and (c-1), |
|---|
| 46 | 46 | | Occupations Code, are amended to read as follows: |
|---|
| 47 | 47 | | (a) Except as provided by Subsections (c) and (c-1), a |
|---|
| 48 | 48 | | person entitled to a hearing under this chapter must deliver a |
|---|
| 49 | 49 | | written request for the hearing to the court before the 60th [14th] |
|---|
| 50 | 50 | | day after the date the vehicle was removed and placed in the vehicle |
|---|
| 51 | 51 | | storage facility or booted, excluding Saturdays, Sundays, and legal |
|---|
| 52 | 52 | | holidays. |
|---|
| 53 | 53 | | (c) If notice was not given under Section 2308.454, the |
|---|
| 54 | 54 | | 60-day [14-day] deadline for requesting a hearing under Subsection |
|---|
| 55 | 55 | | (a) does not apply, and the owner or operator of the vehicle may |
|---|
| 56 | 56 | | deliver a written request for a hearing at any time. |
|---|
| 57 | 57 | | (c-1) The 60-day [14-day] period for requesting a hearing |
|---|
| 58 | 58 | | under Subsection (a) does not begin until the date on which the |
|---|
| 59 | 59 | | towing company or vehicle storage facility provides to the vehicle |
|---|
| 60 | 60 | | owner or operator the information necessary for the vehicle owner |
|---|
| 61 | 61 | | or operator to complete the material for the request for hearing |
|---|
| 62 | 62 | | required under Subsections (b)(2) through (6). |
|---|
| 63 | 63 | | SECTION 3. The changes in law made by this Act to Sections |
|---|
| 64 | 64 | | 2308.455 and 2308.456, Occupations Code, apply only to a hearing or |
|---|
| 65 | 65 | | a notice in connection with a vehicle that is towed or booted on or |
|---|
| 66 | 66 | | after the effective date of this Act. A hearing or a notice in |
|---|
| 67 | 67 | | connection with a vehicle that is towed or booted before the |
|---|
| 68 | 68 | | effective date of this Act is governed by the law in effect when the |
|---|
| 69 | 69 | | vehicle was towed or booted, and the former law is continued in |
|---|
| 70 | 70 | | effect for that purpose. |
|---|
| 71 | 71 | | SECTION 4. This Act takes effect September 1, 2017. |
|---|