85R24018 BEE-F
By: Neave H.B. No. 2427
Substitute the following for H.B. No. 2427:
By: Alvarado C.S.H.B. No. 2427
A BILL TO BE ENTITLED
AN ACT
relating to notice and request for a hearing regarding a vehicle
that has been towed or booted.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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
60 [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;
(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, 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
justice court in the county from 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.
SECTION 2. Sections 2308.456(a), (c), and (c-1),
Occupations Code, are amended to read as follows:
(a) Except as provided by Subsections (c) and (c-1), a
person entitled to a hearing under this chapter must deliver a
written request for the hearing to the court before the 60th [14th]
day after the date the vehicle was removed and placed in the vehicle
storage facility or booted, excluding Saturdays, Sundays, and legal
holidays.
(c) If notice was not given under Section 2308.454, the
60-day [14-day] deadline for requesting a hearing under Subsection
(a) does not apply, and the owner or operator of the vehicle may
deliver a written request for a hearing at any time.
(c-1) The 60-day [14-day] period for requesting a hearing
under Subsection (a) does not begin until the date on which the
towing company or vehicle storage facility provides to the vehicle
owner or operator the information necessary for the vehicle owner
or operator to complete the material for the request for hearing
required under Subsections (b)(2) through (6).
SECTION 3. The changes in law made by this Act to Sections
2308.455 and 2308.456, Occupations Code, apply only to a hearing or
a notice in connection with a vehicle that is towed or booted on or
after the effective date of this Act. A hearing or a notice in
connection with a vehicle that is towed or booted before the
effective date of this Act is governed by the law in effect when the
vehicle was towed or booted, and the former law is continued in
effect for that purpose.
SECTION 4. This Act takes effect September 1, 2017.