Texas 2017 - 85th Regular

Texas House Bill HB2477 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		85R18807 BEE-D
2	2		By: Davis of Harris H.B. No. 2477
3		-	Substitute the following for H.B. No. 2477:
4		-	By: Alvarado C.S.H.B. No. 2477
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the authority of certain municipal employees to request
10	8		the removal and storage of certain abandoned or illegally parked or
11	9		operated vehicles.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	11		SECTION 1. Subchapter D, Chapter 215, Local Government
14	12		Code, is amended by adding Section 215.0731 to read as follows:
15	13		Sec. 215.0731. AUTHORITY FOR REMOVAL OF ILLEGALLY OPERATED
16	14		VEHICLE FOR HIRE. Under an ordinance of a municipality regulating
17	15		the operation of vehicles for hire in the municipality, to aid in
18	16		the enforcement of the ordinance:
19	17		(1) the municipality may authorize a designated
20	18		employee to request the removal of a vehicle operated in violation
21	19		of the ordinance; and
22	20		(2) a towing company may remove, and a vehicle storage
23	21		facility may store, a vehicle requested to be removed by an employee
24	22		under Subdivision (1) without authorization by a peace officer for
25	23		the removal or storage.
26	24		SECTION 2. Section 2308.354, Occupations Code, is amended
27	25		to read as follows:
28	26		Sec. 2308.354. AUTHORITY FOR REMOVAL OF VEHICLE FROM PUBLIC
29	27		ROADWAY. (a) Under an ordinance of a municipality regulating the
30	28		parking of vehicles in the municipality, to aid in the enforcement
31	29		of the ordinance, an employee designated by the municipality may be
32	30		authorized to:
33	31		(1) immobilize a vehicle parked in the municipality;
34	32		[and]
35	33		(2) remove an immobilized vehicle from a public
36	34		roadway in the municipality; and
37	35		(3) request the removal of a vehicle that is located in
38	36		an area where on-street parking is regulated by the ordinance and
39	37		that:
40	38		(A) is parked illegally; or
41	39		(B) is parked legally and:
42	40		(i) has been unattended for more than 48
43	41		hours; and
44	42		(ii) the employee has reasonable grounds to
45	43		believe is abandoned.
46	44		(b) A parking facility owner or towing company may not
47	45		remove a vehicle from a public roadway except under:
48	46		(1) this chapter or a municipal ordinance that
49	47		complies with Section 2308.208; or
50	48		(2) the direction of a peace officer, a municipal
51	49		employee under Subsection (a)(3), or the owner or operator of the
52	50		vehicle.
53	51		(c) Subsection [In addition to the authority granted under
54	52		Subsection (a) and to aid in the enforcement of an ordinance
55	53		regulating the parking of vehicles, a municipality with a
56	54		population of 1.9 million or more may authorize a designated
57	55		employee to request the removal of a vehicle parked illegally in an
58	56		area designated as a tow-away zone in a residential area where
59	57		on-street parking is regulated by the ordinance.
60	58		[(d) Subsections] (a) does [and (c) do] not apply to a
61	59		vehicle owned by an electric, gas, water, or telecommunications
62	60		utility while the vehicle is parked for the purpose of conducting
63	61		work on a facility of the utility that is located below, above, or
64	62		adjacent to the street.
65	63		SECTION 3. This Act takes effect September 1, 2017.