Texas 2017 - 85th Regular

Texas House Bill HB2508 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R22029 BEE-F
2	1		By: Kuempel H.B. No. 2508
3		-	Substitute the following for H.B. No. 2508:
4		-	By: Kuempel C.S.H.B. No. 2508
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9	6		relating to the licensing and regulation of tow truck companies,
10	7		tow truck operators, vehicle storage facilities, and vehicle
11	8		storage facility employees, the regulation of parking facilities
12	9		and parking facility owners, and the elimination of required state
13	10		licensing for vehicle booting companies and operators.
14	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	12		ARTICLE 1. LICENSING AND REGULATION OF TOWING, BOOTING, AND
16	13		VEHICLE STORAGE
17	14		SECTION 1.01. Section 2303.002, Occupations Code, is
18	15		amended by amending Subdivisions (1), (5), and (8) and adding
19	16		Subdivision (4-a) to read as follows:
20	17		(1) "Abandoned nuisance vehicle" means a motor vehicle
21	18		that is[:
22	19		[(A) at least 10 years old; and
23	20		[(B)] of a condition only to be crushed
24	21		[demolished, wrecked,] or dismantled.
25	22		(4-a) "Incident management scene" means the location
26	23		on a public or private roadway or right-of-way of a traffic accident
27	24		or incident requiring services, equipment, repair, or cleanup to
28	25		return the location to its intended use.
29	26		(5) "Owner of a vehicle" means a person:
30	27		(A) named as the purchaser or transferee in the
31	28		certificate of title issued for the vehicle under Chapter 501,
32	29		Transportation Code, or Chapter 31, Parks and Wildlife Code, as
33	30		applicable;
34	31		(B) in whose name the vehicle is titled
35	32		[registered] under Chapter 501 [502], Transportation Code, or
36	33		Chapter 31, Parks and Wildlife Code, as applicable, or a member of
37	34		the person's immediate family;
38	35		(C) who holds the vehicle through a lease
39	36		agreement;
40	37		(D) who is an unrecorded lienholder entitled to
41	38		possess the vehicle under the terms of a chattel mortgage; or
42	39		(E) who is a lienholder, holds an affidavit of
43	40		repossession, and is entitled to repossess the vehicle.
44	41		(8) "Vehicle storage facility" means a garage, parking
45	42		lot, or other facility that is:
46	43		(A) owned by a person other than a governmental
47	44		entity; and
48	45		(B) used to store [or park] at least 10 vehicles
49	46		each year.
50	47		SECTION 1.02. Section 2303.003(a), Occupations Code, is
51	48		amended to read as follows:
52	49		(a) This chapter does not apply to:
53	50		(1) a vehicle stored [or parked] at a vehicle storage
54	51		facility with the consent of the owner of the vehicle; or
55	52		(2) unless the vehicle was towed from an incident
56	53		management scene, a vehicle stored at a vehicle storage facility as
57	54		a result of a consent tow, as defined by Section 2308.002.
58	55		SECTION 1.03. Subchapter A, Chapter 2303, Occupations Code,
59	56		is amended by adding Section 2303.004 to read as follows:
60	57		Sec. 2303.004. GOVERNMENTAL CONTRACT CONTROLS. Unless
61	58		specifically provided otherwise, this chapter does not control over
62	59		a contract with a governmental entity to provide services for
63	60		incident management towing, as defined by Section 2308.002.
64	61		SECTION 1.04. Section 2303.051, Occupations Code, is
65	62		amended to read as follows:
66	63		Sec. 2303.051. GENERAL POWERS AND DUTIES [RULEMAKING:
67	64		LICENSE REQUIREMENTS]. The executive director or commission, as
68	65		appropriate, may take action necessary to administer and enforce
69	66		[shall adopt rules that:
70	67		[(1) establish the requirements for a person to be
71	68		licensed to operate a vehicle storage facility to ensure that the
72	69		facility maintains adequate standards for the care of stored
73	70		vehicles;
74	71		[(2) relate to the administrative sanctions that may
75	72		be imposed on a person licensed under this chapter;
76	73		[(3) govern the administration of] this chapter.
77	74		SECTION 1.05. Subchapter B, Chapter 2303, Occupations Code,
78	75		is amended by adding Section 2303.0511 to read as follows:
79	76		Sec. 2303.0511. RULES; DENIAL OF CERTAIN APPLICATIONS;
80	77		STANDARDS OF CONDUCT. (a) The commission shall adopt rules for the
81	78		licensing of a person to operate a vehicle storage facility.
82	79		(b) The commission shall adopt rules for the denial of a
83	80		license application if the applicant, a partner, principal,
84	81		officer, or general manager of the applicant, or another potential
85	82		license holder of the license for which the application is made has:
86	83		(1) before the date of the application, been convicted
87	84		of or has pleaded guilty or nolo contendere to:
88	85		(A) a felony; or
89	86		(B) a misdemeanor punishable by confinement in
90	87		jail or by a fine in an amount that exceeds $500;
91	88		(2) violated an order of the commission or executive
92	89		director, including an order for sanctions or administrative
93	90		penalties;
94	91		(3) failed to submit a license fee or permit bond in an
95	92		amount established by the commission; or
96	93		(4) knowingly submitted false or incomplete
97	94		information on the application.
98	95		(c) The commission by rule shall adopt standards of conduct
99	96		for license holders under this chapter.
100	97		SECTION 1.06. The heading to Section 2303.053, Occupations
101	98		Code, is amended to read as follows:
102	99		Sec. 2303.053. RULES REGARDING PAYMENT OF FEE TO
103	100		DEPARTMENT.
104	101		SECTION 1.07. Section 2303.053(a), Occupations Code, is
105	102		amended to read as follows:
106	103		(a) The commission may adopt rules regarding the method of
107	104		payment of a fee to the department under this chapter.
108	105		SECTION 1.08. The heading to Section 2303.056, Occupations
109	106		Code, is amended to read as follows:
110	107		Sec. 2303.056. PERIODIC [AND RISK-BASED] INSPECTIONS.
111	108		SECTION 1.09. Section 2303.058, Occupations Code, is
112	109		amended to read as follows:
113	110		Sec. 2303.058. ADVISORY BOARD. The Towing and [,]
114	111		Storage[, and Booting] Advisory Board under Chapter 2308 shall
115	112		advise the commission in adopting vehicle storage rules under this
116	113		chapter.
117	114		SECTION 1.10. Section 2303.103, Occupations Code, is
118	115		amended to read as follows:
119	116		Sec. 2303.103. ELIGIBILITY. The department shall approve
120	117		an application submitted as provided by Section 2303.102 unless
121	118		[the department determines that:
122	119		[(1) the applicant knowingly supplied false or
123	120		incomplete information on the application;
124	121		[(2) in the three years preceding the date of
125	122		application, the applicant, a partner, principal, or officer of the
126	123		applicant, or the general manager of the applicant, was convicted
127	124		of:
128	125		[(A) a felony; or
129	126		[(B) a misdemeanor punishable by confinement in
130	127		jail or by a fine exceeding $500; or
131	128		[(3)] the vehicle storage facility for which the
132	129		license is sought does not meet the standards for storage
133	130		facilities established by commission rules.
134	131		SECTION 1.11. Section 2303.104(b), Occupations Code, is
135	132		amended to read as follows:
136	133		(b) The notice must state the reason for the department's
137	134		decision and that the applicant is entitled to a hearing before the
138	135		State Office of Administrative Hearings under Section 51.354
139	136		[department under Subchapter E].
140	137		SECTION 1.12. Sections 2303.151(a), (d), and (e),
141	138		Occupations Code, are amended to read as follows:
142	139		(a) The operator of a vehicle storage facility who receives
143	140		a vehicle that is registered in this state and that is towed to the
144	141		facility for storage shall send a written notice to the registered
145	142		owner and each [the primary] lienholder of the vehicle not later
146	143		than the fifth day after the date but not earlier than 24 hours
147		-	after the date the operator receives the vehicle. If the operator
148		-	of a vehicle storage facility sends the notice outside of the time
149		-	period described by this subsection or Subsection (b), the ability
150		-	of the operator to seek foreclosure of a lien on the vehicle for
151		-	storage charges is not affected.
	144	+	after the date the operator receives the vehicle.
152	145		(d) A notice under this section must:
153	146		(1) be correctly addressed;
154	147		(2) be sent with [carry] sufficient postage attached
155	148		or paid; and
156	149		(3) be sent:
157	150		(A) by certified mail, return receipt requested;
158	151		or
159	152		(B) by electronic certified mail, electronic
160	153		return receipt with electronic delivery confirmation requested.
161	154		(e) A notice under this section is considered to have been:
162	155		(1) given on:
163	156		(A) the date indicated on the postmark; or
164	157		(B) the electronic filing date acknowledged by an
165	158		electronic audit trail by the United States Postal Service or its
166	159		agent; and
167	160		(2) [to be] timely filed if:
168	161		(A) [(1)] the postmark or electronic filing date
169	162		indicates that the notice was mailed within the period described by
170	163		Subsection (a) or (b), as applicable; or
171	164		(B) [(2)] the notice was published as provided by
172	165		Section 2303.152.
173	166		SECTION 1.13. Section 2303.1511(a), Occupations Code, is
174	167		amended to read as follows:
175	168		(a) A vehicle storage facility accepting a vehicle that is
176	169		towed under Chapter 2308 [this chapter] shall, within two hours
177	170		after receiving the vehicle, report to the local law enforcement
178	171		agency with jurisdiction over the area from which the vehicle was
179	172		towed:
180	173		(1) a general description of the vehicle;
181	174		(2) the state and number of the vehicle's license
182	175		plate, if any;
183	176		(3) the vehicle identification number of the vehicle,
184	177		if it can be ascertained;
185	178		(4) the location from which the vehicle was towed; and
186	179		(5) the name and location of the vehicle storage
187	180		facility where the vehicle is being stored.
188	181		SECTION 1.14. Sections 2303.152(a), (b), and (e),
189	182		Occupations Code, are amended to read as follows:
190	183		(a) Notice to the registered owner and each recorded [the
191	184		primary] lienholder of a vehicle towed to a vehicle storage
192	185		facility may be provided by publication in a newspaper of general
193	186		circulation in the county in which the vehicle is stored if:
194	187		(1) the vehicle is registered in another state;
195	188		(2) the operator of the storage facility submits to
196	189		the governmental entity with which the vehicle is registered a
197	190		written request, including an electronic request, for information
198	191		relating to the identity of the registered owner and each recorded
199	192		[any] lienholder [of record];
200	193		(3) the identity of the registered owner cannot be
201	194		determined;
202	195		(4) the registration does not contain an address for
203	196		the registered owner; or
204	197		(5) the operator of the storage facility cannot
205	198		reasonably determine the identity and address of each recorded
206	199		lienholder.
207	200		(b) The written or electronic request must:
208	201		(1) be correctly addressed;
209	202		(2) be sent with [carry] sufficient postage attached
210	203		or paid; and
211	204		(3) be sent:
212	205		(A) by certified mail, return receipt requested;
213	206		or
214	207		(B) by electronic certified mail, electronic
215	208		return receipt with electronic delivery confirmation requested.
216	209		(e) Notice to the registered owner and each recorded [the
217	210		primary] lienholder of a vehicle towed to a vehicle storage
218	211		facility may be provided by publication in a newspaper of general
219	212		circulation in the county in which the vehicle is stored if:
220	213		(1) the vehicle does not display a license plate or a
221	214		vehicle inspection certificate indicating the state of
222	215		registration;
223	216		(2) the identity of the registered owner cannot
224	217		reasonably be determined by the operator of the storage facility;
225	218		or
226	219		(3) the operator of the storage facility cannot
227	220		reasonably determine the identity and address of each recorded
228	221		lienholder.
229	222		SECTION 1.15. Section 2303.154, Occupations Code, is
230	223		amended to read as follows:
231	224		Sec. 2303.154. SECOND NOTICE; CONSENT TO SALE. (a) [If a
232	225		vehicle is not claimed by a person permitted to claim the vehicle or
233	226		a law enforcement agency has not taken an action in response to a
234	227		notice under Section 683.031(c), Transportation Code, before the
235	228		15th day after the date notice is mailed or published under Section
236	229		2303.151 or 2303.152, the operator of the vehicle storage facility
237	230		shall send a second notice to the registered owner and the primary
238	231		lienholder of the vehicle.
239	232		[(a-1)] If a vehicle is not claimed by a person permitted to
240	233		claim the vehicle before the 10th day after the date notice is
241	234		mailed or published under Section 2303.151 or 2303.152, the
242	235		operator of the vehicle storage facility shall consider the vehicle
243	236		to be abandoned and, if required by the law enforcement agency with
244	237		jurisdiction where the vehicle is located, report the [send notice
245	238		of] abandonment to the [a] law enforcement agency. If the law
246	239		enforcement agency notifies the vehicle storage facility that the
247	240		agency will send notices and dispose of abandoned vehicles under
248	241		Subchapter B, Chapter 683, Transportation Code, the vehicle storage
249	242		facility shall pay the fee required under Section 683.031,
250	243		Transportation Code.
251		-	(b) ~~Not earlier than~~ the 15th day after the date notice is
252		-	~~mailed or~~ published under Section 2303.151 or 2303.152, the
253		-	~~operator of a~~ vehicle storage facility shall send a second notice to
254		-	~~the~~ registered owner and each recorded lienholder of the vehicle if
255		-	~~the~~ facility:
	244	+	(b) Before the 15th day after the date notice is mailed or
	245	+	published under Section 2303.151 or 2303.152, the operator of a
	246	+	vehicle storage facility shall send a second notice to the
	247	+	registered owner and each recorded lienholder of the vehicle if the
	248	+	facility:
256	249		(1) was not required to make a report under Subsection
257	250		(a); or
258	251		(2) has made a required report under Subsection (a)
259	252		and the law enforcement agency:
260	253		(A) has notified the facility that the law
261	254		enforcement agency will not take custody of the vehicle;
262	255		(B) has not taken custody of the vehicle; or
263	256		(C) has not responded to the report.
264	257		(c) Notice under this section must be sent by certified
265	258		mail, return receipt requested, or electronic certified mail,
266	259		electronic return receipt with electronic delivery confirmation
267	260		requested, and include:
268	261		(1) the information listed in Section 2303.153(a);
269	262		(2) a statement of the right of the facility to dispose
270	263		of the vehicle under Section 2303.157; and
271	264		(3) a statement that the failure of the owner or
272	265		lienholder to claim the vehicle before the 30th day after the date
273	266		the notice is provided is:
274	267		(A) a waiver by that person of all right, title,
275	268		or interest in the vehicle; and
276	269		(B) a consent to the sale of the vehicle at a
277	270		public sale.
278	271		(d) [(c)] Notwithstanding Subsection (c) [(b)], if
279	272		publication is required for notice under this section, the notice
280	273		must include:
281	274		(1) the information listed in Section 2303.153(b); and
282	275		(2) a statement that the failure of the owner or
283	276		lienholder to claim the vehicle before the date of sale is:
284	277		(A) a waiver of all right, title, and interest in
285	278		the vehicle; and
286	279		(B) a consent to the sale of the vehicle at a
287	280		public sale.
288	281		SECTION 1.16. Sections 2303.1545(b) and (c), Occupations
289	282		Code, are amended to read as follows:
290	283		(b) The facility shall, if required by the agency, [may:
291	284		[(1) notify the department that notices under Chapter
292	285		683, Transportation Code, have been provided and shall pay a fee of
293	286		$10 to the department; or
294	287		[(2) in the alternative,] notify the appropriate law
295	288		enforcement agency and pay a fee of $10 to that agency.
296	289		(c) A law enforcement agency described by Subsection (b)
297	290		[(b)(2)] may sign a document issued by the department.
298	291		SECTION 1.17. Section 2303.155, Occupations Code, is
299	292		amended by amending Subsections (a), (b), and (c) and adding
300	293		Subsection (h) to read as follows:
301	294		(a) For the purposes of this section, "governmental vehicle
302	295		storage facility" means a garage, parking lot, or other facility
303	296		that is:
304	297		(1) [(A)] owned by a governmental entity; and
305	298		(2) [(B)] used to store or park at least 10 vehicles
306	299		each year.
307	300		(b) The operator of a vehicle storage facility or
308	301		governmental vehicle storage facility may charge the owner of a
309	302		vehicle stored or parked at the facility:
310	303		(1) a notification fee set in a reasonable amount for
311	304		providing notice under this subchapter, including notice under
312	305		Section 2303.154(d) [2303.154(c)];
313	306		(2) an impoundment fee of $20, subject to Subsection
314	307		(h), for any action that:
315	308		(A) is taken by or at the direction of the owner
316	309		or operator of the facility; and
317	310		(B) is necessary to preserve, protect, or service
318	311		a vehicle stored or parked at the facility;
319	312		(3) a daily storage fee, subject to Subsection (h),
320	313		of:
321	314		(A) not less than $5 and not more than $20 for
322	315		each day or part of a day the vehicle is stored at the facility if
323	316		the vehicle is not longer than 25 feet; or
324	317		(B) $35 for each day or part of a day the vehicle
325	318		is stored at the facility if the vehicle is longer than 25 feet; and
326	319		(4) any fee that is required to be submitted to a law
327	320		enforcement agency, the agency's authorized agent, or a
328	321		governmental entity[; and
329	322		[(5) a fee in an amount set by the commission for the
330	323		remediation, recovery, or capture of an environmental or biological
331	324		hazard].
332	325		(c) Subject to Subsection (h), a [A] notification fee under
333	326		Subsection (b) may not exceed $50, except that if notice by
334	327		publication is required by this chapter and the cost of publication
335	328		exceeds 50 percent of the notification fee, the vehicle storage
336	329		facility may recover the additional amount of the cost of
337	330		publication from the vehicle owner or agent.
338	331		(h) Not later than September 1 of each even-numbered year,
339	332		the commission shall review and by rule adjust as necessary as
340	333		determined by the review the amount that a vehicle storage facility
341	334		operator may charge the owner or operator of a vehicle stored at the
342	335		facility:
343	336		(1) as a notification fee under Subsection (b)(1);
344	337		(2) as an impoundment fee under Subsection (b)(2); and
345	338		(3) as a daily storage fee under Subsection (b)(3).
346	339		SECTION 1.18. Section 2303.1551, Occupations Code, is
347	340		amended to read as follows:
348	341		Sec. 2303.1551. REQUIRED POSTING OR DISPLAY. (a) All
349	342		storage fees shall be posted or electronically displayed at the
350	343		licensed vehicle storage facility [to which the motor vehicle has
351	344		been delivered and shall be posted] in view of a [the] person
352	345		claiming a [who claims the] vehicle.
353	346		(b) A vehicle storage facility accepting a nonconsent towed
354	347		vehicle shall post a sign that complies with commission rules and
355	348		states [in one inch letters stating] "Nonconsent tow fees schedules
356	349		available on request." The vehicle storage facility shall provide
357	350		a copy of a nonconsent towing fees schedule on request. The
358	351		commission shall adopt rules for signs required under this
359	352		subsection.
360	353		SECTION 1.19. Section 2303.157, Occupations Code, is
361		-	amended by amending Subsections (a) and (b) and adding ~~Subsections~~
362		-	~~(a-1) and~~ (b-1) to read as follows:
	354	+	amended by amending Subsections (a) and (b) and adding Subsection
	355	+	(b-1) to read as follows:
363	356		(a) The operator of a vehicle storage facility may dispose
364	357		of a vehicle for which the second notice is given under Section
365	358		2303.154(b) or (d) [2303.154] if, before the 30th day after the date
366	359		notice is mailed or published, the vehicle is not:
367	360		(1) claimed by a person entitled to claim the vehicle;
368	361		or
369	362		(2) taken into custody by a law enforcement agency
370	363		under Chapter 683, Transportation Code.
371		-	(a-1) If the vehicle is not claimed by a person entitled to
372		-	claim the vehicle within the period described by Subsection (a),
373		-	the owner or any lienholder:
374		-	(1) waives all rights and interests in the vehicle;
375		-	and
376		-	(2) consents to the sale of the vehicle at a public
377		-	sale.
378	364		(b) An operator entitled to dispose of a vehicle under this
379	365		section may sell the vehicle at a public sale without obtaining a
380	366		release or discharge of any lien on the vehicle, regardless of
381	367		whether notice was provided by mail or by publication under this
382	368		chapter. The proceeds from the sale of the vehicle shall be applied
383	369		to the charges incurred for the vehicle under Section 2303.155, any
384	370		fee authorized under Section 2308.2065, and the cost of the public
385	371		sale. The operator shall pay any excess proceeds to the person
386	372		entitled to those proceeds.
387	373		(b-1) The purchaser of an abandoned vehicle under this
388	374		section:
389	375		(1) takes title to the vehicle free and clear of all
390	376		liens and claims of ownership;
391	377		(2) shall receive an auction sales receipt from the
392	378		vehicle storage facility; and
393	379		(3) is entitled to register the vehicle and receive a
394	380		certificate of title under Chapter 501, Transportation Code, or
395	381		Chapter 31, Parks and Wildlife Code, as applicable.
396	382		SECTION 1.20. Sections 2303.159(a) and (a-1), Occupations
397	383		Code, are amended to read as follows:
398	384		(a) The operator of a vehicle storage facility shall accept
399	385		each of the following forms of payment for any charge associated
400	386		with delivery or storage of a vehicle:
401	387		(1) cash;
402	388		(2) debit card; and
403	389		(3) credit card, if the credit card is issued by:
404	390		(A) a financial institution chartered by a state
405	391		or the federal government; or
406	392		(B) a nationally recognized credit organization
407	393		approved by the department.
408	394		(a-1) The operator of a vehicle storage facility shall
409	395		conspicuously post or electronically display a sign that states:
410	396		"This vehicle storage facility must accept payment by cash, credit
411	397		card, and debit card for any fee or charge associated with delivery
412	398		or storage of a vehicle." The operator of a vehicle storage
413	399		facility may not refuse to release a vehicle based on the inability
414	400		of the facility to accept payment by debit card or credit card of a
415	401		fee or charge associated with delivery or storage of the vehicle
416	402		unless the operator, through no fault of the operator, is unable to
417	403		accept the debit card or credit card because of a power outage or a
418	404		machine malfunction.
419	405		SECTION 1.21. The heading to Section 2303.160, Occupations
420	406		Code, is amended to read as follows:
421	407		Sec. 2303.160. RELEASE OF VEHICLE TO VEHICLE OWNER OR
422	408		OPERATOR [VEHICLES].
423		-	SECTION 1.22. Sections 2303.160(b) and (c), Occupations
	409	+	SECTION 1.22
	410	+	. Sections 2303.160(b) and (c), Occupations
424	411		Code, are amended to read as follows:
425	412		(b) A vehicle storage facility shall release a vehicle to an
426	413		owner of the vehicle if the owner:
427	414		(1) presents:
428	415		(A) valid photo identification issued by this
429	416		state, another state, a federal agency, or a foreign government;
430	417		and
431	418		(B) proof of ownership or right of possession or
432	419		control of vehicle, including [must accept] evidence of financial
433	420		responsibility[, as] required by Section 601.051, Transportation
434	421		Code; and
435	422		(2) pays the fees and charges for services regulated
436	423		under this chapter and Chapter 2308, including charges for an
437	424		incident management tow, as defined by Section 2308.002 [, as an
438	425		additional form of identification that establishes ownership or
439	426		right of possession or control of the vehicle].
440	427		(c) A [Subsection (b) does not require a] vehicle storage
441	428		facility may require other documentation as required by a municipal
442	429		ordinance, law enforcement agency, or governmental agency under
443	430		which the tow was authorized [to release a vehicle to the owner or
444	431		operator of the vehicle if the owner or operator of the vehicle does
445	432		not:
446	433		[(1) pay the charges for services regulated under this
447	434		chapter or Chapter 2308, including charges for an incident
448	435		management tow, as defined by Section 2308.002; and
449	436		[(2) present valid photo identification issued by this
450	437		state, another state, a federal agency, or a foreign government].
451	438		SECTION 1.23. Subchapter D, Chapter 2303, Occupations Code,
452	439		is amended by adding Section 2303.1601 to read as follows:
453	440		Sec. 2303.1601. ACCEPTANCE OF VEHICLES FROM AND RELEASE OF
454	441		VEHICLES TO LICENSED TOWING OPERATORS. (a) A vehicle storage
455	442		facility may accept towed vehicles only from licensed towing
456	443		operators.
457	444		(b) A vehicle storage facility is required to release a
458	445		vehicle to a towing operator only if:
459	446		(1) the towing operator is licensed under Chapter
460	447		2308; and
461	448		(2) the release occurs between 8 a.m. and 6 p.m. on a
462	449		weekday.
463	450		SECTION 1.24. Chapter 2303, Occupations Code, is amended by
464	451		adding Subchapter E to read as follows:
465	452		SUBCHAPTER E. RIGHTS OF OWNERS AND OPERATORS OF STORED VEHICLES
466	453		Sec. 2303.201. NOTICE TO VEHICLE OWNER OR OPERATOR. (a) At
467	454		the time an owner or operator of a vehicle pays the costs of the
468	455		vehicle's towing, storage, and recovery, the vehicle storage
469	456		facility that received the payment shall, unless a hearing
470	457		regarding the vehicle's storage and towing has been held under
471	458		Subchapter J, Chapter 2308, give the owner or operator written
472	459		notice of the person's rights under this chapter and Chapter 2308.
473	460		(b) The operator of a vehicle storage facility that sends a
474	461		notice under Subchapter D shall include with that notice a notice of
475	462		the person's rights under this chapter and Chapter 2308.
476	463		(c) A vehicle storage facility that fails to furnish to the
477	464		owner or operator of the vehicle at the time of payment the name,
478	465		address, and telephone number of the parking facility owner or law
479	466		enforcement agency that authorized the towing of the vehicle is
480	467		liable for the costs of the vehicle's storage if the court, after a
481	468		hearing, does not find probable cause for the towing and storage of
482	469		the vehicle.
483	470		Sec. 2303.202. CONTENTS OF NOTICE. The notice under
484	471		Section 2303.201 must include:
485	472		(1) a statement of:
486	473		(A) the vehicle owner's right to submit a request
487	474		within 14 days for a court hearing to determine whether probable
488	475		cause existed to tow the vehicle;
489	476		(B) the information that a request for a hearing
490	477		must contain;
491	478		(C) the amount of any filing fee for the hearing;
492	479		and
493	480		(D) the vehicle owner's right to request a
494	481		hearing in any justice court in the county from which the vehicle
495	482		was towed;
496	483		(2) the name, address, and telephone number of the
497	484		towing company that towed the vehicle;
498	485		(3) the name, address, telephone number, and county of
499	486		the vehicle storage facility in which the vehicle is stored;
500	487		(4) the name, street address, including city, state,
501	488		and zip code, and telephone number of the person, parking facility
502	489		owner, or law enforcement agency that authorized the towing of the
503	490		vehicle; and
504	491		(5) either:
505	492		(A) the name, address, and telephone number of
506	493		each justice court in the county from which the vehicle was towed;
507	494		or
508	495		(B) the address of an Internet website maintained
509	496		by the Office of Court Administration of the Texas Judicial System
510	497		that contains the name, address, and telephone number of each
511	498		justice court in that county.
512	499		Sec. 2303.203. HEARING. A hearing referenced in a notice
513	500		given under this subchapter is governed by Subchapter J, Chapter
514	501		2308.
515	502		SECTION 1.25. Section 2303.302(a), Occupations Code, is
516	503		amended to read as follows:
517	504		(a) A person commits an offense if the person [:
518	505		[(1)] violates the licensing requirements of this
519	506		chapter [; or
520	507		[(2) employs an individual who does not hold an
521	508		appropriate license required by this chapter].
522	509		SECTION 1.26. Sections 2308.002(1), (11), (14), (15), and
523	510		(16), Occupations Code, are amended to read as follows:
524	511		(1) "Advisory board" means the Towing and [,] Storage
525	512		[, and Booting] Advisory Board.
526	513		(11) "Tow truck" means a motor vehicle, including a
527	514		wrecker, equipped with a mechanical device used to tow, winch, or
528	515		otherwise move another motor vehicle. The term does not include:
529	516		(A) a motor vehicle owned and operated by a
530	517		governmental entity, including a public school district;
531	518		(B) a motor vehicle towing:
532	519		(i) a race car;
533	520		(ii) a motor vehicle for exhibition; or
534	521		(iii) an antique motor vehicle;
535	522		(C) a recreational vehicle towing another
536	523		vehicle;
537	524		(D) a motor vehicle used in combination with a
538	525		tow bar, tow dolly, or other mechanical device if the vehicle is not
539	526		operated in the furtherance of a commercial enterprise;
540	527		(E) a motor vehicle that is controlled or
541	528		operated by a farmer or rancher and used for towing a farm vehicle;
542	529		(F) a motor vehicle that:
543	530		(i) is owned or operated by an entity the
544	531		primary business of which is the rental of motor vehicles; and
545	532		(ii) only tows vehicles rented by the
546	533		entity;
547	534		(G) a truck-trailer combination that is owned or
548	535		operated by a dealer licensed under Chapter 2301 and used to
549	536		transport new vehicles during the normal course of a documented
550	537		transaction in which the dealer is a party and ownership or the
551	538		right of possession of the transported vehicle is conveyed or
552	539		transferred; or
553	540		(H) a car hauler that is:
554	541		(i) designed to transport three or more
555	542		motor vehicles at the same time; and
556	543		(ii) used solely to transport, other than in
557	544		a consent or nonconsent tow, motor vehicles as cargo in the course
558	545		of a prearranged shipping transaction or for use in mining,
559	546		drilling, or construction operations.
560	547		(14) "Vehicle" has the meaning assigned by Section
561	548		2303.002 [means a device in, on, or by which a person or property
562	549		may be transported on a public roadway. The term includes an
563	550		operable or inoperable automobile, truck, motorcycle, recreational
564	551		vehicle, or trailer but does not include a device moved by human
565	552		power or used exclusively on a stationary rail or track].
566	553		(15) "Vehicle owner" means a person:
567	554		(A) named as the purchaser or transferee in the
568	555		certificate of title issued for the vehicle under Chapter 501,
569	556		Transportation Code, or Chapter 31, Parks and Wildlife Code, as
570	557		applicable;
571	558		(B) in whose name the vehicle is titled
572	559		[registered] under Chapter 501 [502], Transportation Code, or
573	560		Chapter 31, Parks and Wildlife Code, as applicable, or a member of
574	561		the person's immediate family;
575	562		(C) who holds the vehicle through a lease
576	563		agreement;
577	564		(D) who is an unrecorded lienholder entitled to
578	565		possess the vehicle under the terms of a chattel mortgage; or
579	566		(E) who is a lienholder holding an affidavit of
580	567		repossession and entitled to repossess the vehicle.
581	568		(16) "Vehicle storage facility" has the meaning
582	569		assigned by [means a vehicle storage facility, as defined by]
583	570		Section 2303.002 [, that is operated by a person who holds a license
584	571		issued under Chapter 2303 to operate the facility].
585	572		SECTION 1.27. Subchapter A, Chapter 2308, Occupations Code,
586	573		is amended by adding Section 2308.005 to read as follows:
587	574		Sec. 2308.005. MUNICIPAL LAW OR GOVERNMENTAL CONTRACT
588	575		CONTROLS. Unless specifically provided otherwise, this chapter
589	576		does not control over a contract with a governmental entity to
590	577		provide incident management tow service.
591	578		SECTION 1.28. The heading to Subchapter B, Chapter 2308,
592	579		Occupations Code, is amended to read as follows:
593	580		SUBCHAPTER B. ADVISORY BOARD; POWERS AND DUTIES OF DEPARTMENT AND
594	581		COMMISSION
595	582		SECTION 1.29. The heading to Section 2308.051, Occupations
596	583		Code, is amended to read as follows:
597	584		Sec. 2308.051. TOWING AND [,] STORAGE [, AND BOOTING]
598	585		ADVISORY BOARD.
599	586		SECTION 1.30. Section 2308.051(a), Occupations Code, as
600	587		amended by Chapters 457 (H.B. 2548) and 845 (S.B. 2153), Acts of the
601	588		81st Legislature, Regular Session, 2009, is reenacted and amended
602	589		to read as follows:
603	590		(a) The advisory board consists of the following members
604	591		appointed by the presiding officer of the commission with the
605	592		approval of the commission:
606	593		(1) one representative of a towing company operating
607	594		in a county with a population of less than one million;
608	595		(2) one representative of a towing company operating
609	596		in a county with a population of one million or more;
610	597		(3) one representative [owner] of a vehicle storage
611	598		facility located in a county with a population of less than one
612	599		million;
613	600		(4) one representative [owner] of a vehicle storage
614	601		facility located in a county with a population of one million or
615	602		more;
616	603		(5) one parking facility representative [owner];
617	604		(6) one peace officer [law enforcement officer] from a
618	605		county with a population of less than one million;
619	606		(7) one peace officer [law enforcement officer] from a
620	607		county with a population of one million or more;
621	608		(8) one representative of a member insurer, as defined
622	609		by Section 462.004, Insurance Code, of the Texas Property and
623	610		Casualty Insurance Guaranty Association who writes [property and
624	611		casualty insurers who write] automobile insurance in this state;
625	612		and
626	613		[(9) one representative of a booting company]
627	614		(9) one person who operates both a towing company and a
628	615		vehicle storage facility [public member].
629	616		SECTION 1.31. Section 2308.057(a), Occupations Code, is
630	617		amended to read as follows:
631	618		(a) The commission shall adopt rules for permitting tow
632	619		trucks and licensing towing operators and [,] towing companies [,
633	620		booting companies, and boot operators]. The commission may adopt
634	621		different rules applicable to each type of permit or license.
635	622		SECTION 1.32. Section 2308.059, Occupations Code, is
636	623		amended to read as follows:
637	624		Sec. 2308.059. PERIODIC [AND RISK-BASED] INSPECTIONS. (a)
638	625		The department may enter and inspect at any time during business
639	626		hours:
640	627		(1) the place of business of any person regulated
641	628		under this chapter; or
642	629		(2) any place in which the department has reasonable
643	630		cause to believe that a license or permit holder is in violation of
644	631		this chapter or in violation of a rule or order of the commission or
645	632		executive director.
646	633		(b) [The department shall conduct additional inspections
647	634		based on a schedule of risk-based inspections using the following
648	635		criteria:
649	636		[(1) the type and nature of the towing company or
650	637		operator;
651	638		[(2) the inspection history;
652	639		[(3) any history of complaints involving the towing
653	640		company or operator; and
654	641		[(4) any other factor determined by the commission by
655	642		rule.
656	643		[(c) The towing company shall pay a fee for each risk-based
657	644		inspection performed under this section. The commission by rule
658	645		shall set the amount of the fee.
659	646		[(d)] In conducting an inspection under this section, the
660	647		department may inspect a vehicle, a facility, business records, or
661	648		any other place or thing reasonably required to enforce this
662	649		chapter or a rule or order adopted under this chapter.
663	650		SECTION 1.33. Subchapter B, Chapter 2308, Occupations Code,
664	651		is amended by adding Section 2308.062 to read as follows:
665	652		Sec. 2308.062. CONTINUING EDUCATION PROGRAMS. (a) The
666	653		commission by rule shall recognize, prepare, or administer
667	654		continuing education programs for license holders.
668	655		(b) A person recognized by the commission to offer a
669	656		continuing education program must:
670	657		(1) register with the department; and
671	658		(2) comply with rules adopted by the commission
672	659		relating to continuing education.
673	660		SECTION 1.34. The heading to Subchapter C, Chapter 2308,
674	661		Occupations Code, is amended to read as follows:
675	662		SUBCHAPTER C. GENERAL [TOW TRUCK] PERMIT PROVISIONS [REQUIREMENTS]
676	663		SECTION 1.35. Section 2308.101, Occupations Code, is
677	664		amended to read as follows:
678	665		Sec. 2308.101. PERMIT REQUIRED. A tow truck may not be used
679	666		for consent towing or nonconsent towing on a public roadway in this
680	667		state unless an appropriate permit has been issued for the tow truck
681	668		under this chapter [subchapter]. Each tow truck requires a
682	669		separate permit.
683	670		SECTION 1.36. Section 2308.102(a), Occupations Code, is
684	671		amended to read as follows:
685	672		(a) An applicant for a permit under this chapter
686	673		[subchapter] must submit to the department:
687	674		(1) a completed application on a form prescribed by
688	675		the executive director;
689	676		(2) evidence of insurance or financial responsibility
690	677		required under this chapter [subchapter];
691	678		(3) the required fees; and
692	679		(4) any other information required by the executive
693	680		director.
694	681		SECTION 1.37. Section 2308.106(a), Occupations Code, is
695	682		amended to read as follows:
696	683		(a) The department shall issue a permit under this chapter
697	684		[subchapter] to an applicant who meets the requirements for a
698	685		permit. The department may deny an application if the applicant has
699	686		had a permit revoked under this chapter.
700	687		SECTION 1.38. Sections 2308.108(b) and (e), Occupations
701	688		Code, are amended to read as follows:
702	689		(b) The department shall issue a cab card when the
703	690		department issues or renews a permit under this chapter
704	691		[subchapter].
705	692		(e) If the department determines that the cab card system
706	693		described by Subsections (a) through (c) is not an efficient means
707	694		of enforcing this chapter [subchapter], the commission [executive
708	695		director] by rule may adopt an alternative method that is
709	696		accessible by law enforcement personnel in the field and provides
710	697		for the enforcement of the permit requirements of this chapter
711	698		[subchapter].
712	699		SECTION 1.39. Section 2308.109(b), Occupations Code, is
713	700		amended to read as follows:
714	701		(b) The information required to be displayed must be:
715	702		(1) printed in letters and numbers that are in a size
716	703		and [at least two inches high and in a] color that comply with
717	704		commission rules [contrasts with the color of the background
718	705		surface]; and
719	706		(2) permanently affixed in conspicuous places on both
720	707		sides of the tow truck.
721	708		SECTION 1.40. Sections 2308.110(a) and (c), Occupations
722	709		Code, are amended to read as follows:
723	710		(a) A permit holder shall maintain liability insurance for
724	711		each tow truck according to the requirements under this chapter
725	712		[subchapter].
726	713		(c) An applicant or permit holder must file with the
727	714		department evidence of insurance as required by this chapter
728	715		[subchapter].
729	716		SECTION 1.41. The heading to Subchapter D, Chapter 2308,
730	717		Occupations Code, is amended to read as follows:
731	718		SUBCHAPTER D. GENERAL LICENSE PROVISIONS [REQUIREMENTS]
732	719		SECTION 1.42. Section 2308.151, Occupations Code, is
733	720		amended to read as follows:
734		-	Sec. 2308.151. LICENSE REQUIRED. ~~Unless the person holds~~
735		-	an appropriate license under this ~~chapter [subchapter], a person~~
736		-	may not:
	721	+	Sec. 2308.151. LICENSE OR LOCAL AUTHORIZATION REQUIRED.
	722	+	(a) Unless the person holds an appropriate license under this
	723	+	chapter [subchapter], a person may not:
737	724		(1) perform towing operations; or
738		-	(2) operate a towing company [;
739		-	[(3) perform booting operations; or
740		-	[(4) operate a booting company].
	725	+	(2) operate a towing company.
	726	+	(b) Unless prohibited by a local authority under Section
	727	+	2308.2085, a person may:
	728	+	(1) [; (3)] perform booting operations; or
	729	+	(2) [(4)] operate a booting company.
741	730		SECTION 1.43. Section 2308.152, Occupations Code, is
742	731		amended to read as follows:
743	732		Sec. 2308.152. GENERAL LICENSE APPLICATION REQUIREMENTS.
744	733		An applicant for a license under this chapter [subchapter] must
745	734		submit to the department:
746	735		(1) a completed application on a form prescribed by
747	736		the executive director;
748	737		(2) the required fees; and
749	738		(3) any other information required by commission rule.
750	739		SECTION 1.44. Section 2308.156, Occupations Code, is
751	740		amended to read as follows:
752	741		Sec. 2308.156. NONTRANSFERABILITY OF LICENSE. (a) A
753	742		license issued by the executive director is valid throughout this
754	743		state and is not transferable.
755	744		(b) Notwithstanding Subsection (a), if the holder of a
756	745		towing company license issued under this chapter dies or is
757	746		disabled, the commission may transfer the license to a member of the
758	747		license holder's family in accordance with commission rule.
759	748		SECTION 1.45. Section 2308.158, Occupations Code, is
760	749		amended to read as follows:
761	750		Sec. 2308.158. ALCOHOL AND DRUG TESTING OF TOWING
762	751		OPERATORS. (a) A towing company shall establish an alcohol and
763	752		drug testing policy for towing operators. A towing company that
764	753		establishes an alcohol and drug testing policy under this
765	754		subsection may adopt:
766	755		(1) the model alcohol and drug testing policy adopted
767	756		by the commission;
768	757		(2) [or may use] another alcohol and drug testing
769	758		policy that the department determines is at least as stringent as
770	759		the policy adopted by the commission; or
771	760		(3) the alcohol and drug testing policy prescribed by
772	761		49 C.F.R. Part 40.
773	762		(b) The commission by rule shall adopt a model alcohol and
774	763		drug testing policy for use by a towing company. The model alcohol
775	764		and drug testing policy must be designed to ensure the safety of the
776	765		public through appropriate alcohol and drug testing and to protect
777	766		the rights of employees. The model alcohol and drug testing policy
778	767		must [:
779	768		[(1) require at least one scheduled drug test each
780	769		year for each towing operator; and
781	770		[(2)] authorize random, unannounced alcohol and drug
782	771		testing for towing operators.
783	772		SECTION 1.46. Section 2308.159(a), Occupations Code, is
784	773		amended to read as follows:
785	774		(a) A license issued under this chapter [subchapter] is
786	775		valid for one year. The department may adopt a system under which
787	776		licenses expire at different times during the year.
788	777		SECTION 1.47. Chapter 2308, Occupations Code, is amended by
789	778		adding Subchapters D-1, D-2, and D-3 to read as follows:
790	779		SUBCHAPTER D-1. INCIDENT MANAGEMENT TOWING
791	780		Sec. 2308.161. REQUIREMENTS FOR INCIDENT MANAGEMENT TOWING
792	781		PERMIT. (a) An incident management towing permit is required for a
793	782		tow truck used to perform any nonconsent tow initiated by a peace
794	783		officer, including a tow authorized under Section 545.3051,
795	784		Transportation Code.
796	785		(b) To be eligible for an incident management towing permit,
797	786		an applicant must submit evidence that:
798	787		(1) the tow truck to be permitted is equipped to tow
799	788		light-duty or heavy-duty vehicles according to the manufacturer's
800	789		towing guidelines;
801	790		(2) the applicant maintains at least $500,000 of
802	791		liability insurance coverage for the tow truck; and
803	792		(3) the applicant maintains at least $50,000 of cargo
804	793		insurance coverage for the tow truck.
805	794		(c) A tow truck permitted under this section may also be
806	795		used for private property towing and consent towing.
807	796		(d) When a tow truck is used for a nonconsent tow initiated
808	797		by a peace officer under Section 545.3051, Transportation Code, the
809	798		permit holder is an agent of law enforcement and is subject to
810	799		Section 545.3051(e), Transportation Code.
811	800		Sec. 2308.162. INCIDENT MANAGEMENT TOWING OPERATOR'S
812	801		LICENSE. (a) An incident management towing operator's license is
813	802		required to operate a tow truck permitted under Section 2308.161.
814	803		(b) An applicant for an incident management towing
815	804		operator's license must:
816	805		(1) hold a valid driver's license issued by a state in
817	806		the United States; and
818	807		(2) be certified by a program approved by the
819	808		department.
820	809		SUBCHAPTER D-2. PRIVATE PROPERTY TOWING
821	810		Sec. 2308.171. REQUIREMENTS FOR PRIVATE PROPERTY TOWING
822	811		PERMIT. (a) A private property towing permit is required for a tow
823	812		truck used to perform a nonconsent tow authorized by a parking
824	813		facility owner under this chapter.
825	814		(b) To be eligible for a private property towing permit, an
826	815		applicant must submit evidence that:
827	816		(1) the tow truck to be permitted is equipped to tow
828	817		light-duty or heavy-duty vehicles according to the manufacturer's
829	818		towing guidelines;
830	819		(2) the applicant maintains at least $300,000 of
831	820		liability insurance coverage for the tow truck; and
832	821		(3) the applicant maintains at least $50,000 of cargo
833	822		insurance coverage for the tow truck.
834	823		(c) A tow truck permitted under this section may also be
835	824		used for consent towing. A tow truck permitted under this section
836	825		may not be used for incident management towing.
837	826		Sec. 2308.172. PRIVATE PROPERTY TOWING OPERATOR'S LICENSE.
838	827		(a) A private property towing operator's license is required to
839	828		operate a tow truck permitted under Section 2308.171.
840	829		(b) An applicant for a private property towing operator's
841	830		license must:
842	831		(1) hold a valid driver's license issued by a state in
843	832		the United States; and
844	833		(2) be certified by a program approved by the
845	834		department.
846	835		SUBCHAPTER D-3. CONSENT TOWING
847	836		Sec. 2308.181. REQUIREMENTS FOR CONSENT TOWING PERMIT. (a)
848	837		A consent towing permit is required for a tow truck used to perform
849	838		a consent tow authorized by the vehicle owner.
850	839		(b) To be eligible for a consent towing permit, an applicant
851	840		must submit evidence that:
852	841		(1) the tow truck to be permitted is equipped to tow
853	842		light-duty or heavy-duty vehicles according to the manufacturer's
854	843		towing guidelines; and
855	844		(2) the applicant maintains at least $300,000 of
856	845		liability insurance coverage for the tow truck.
857	846		(c) A tow truck permitted under this section may not be used
858	847		for nonconsent towing, including incident management towing and
859	848		private property towing.
860	849		Sec. 2308.182. CONSENT TOWING OPERATOR'S LICENSE. (a) A
861	850		consent towing operator's license is required to operate a tow
862	851		truck permitted under Section 2308.181.
863	852		(b) An applicant for a consent towing operator's license
864	853		must hold a valid driver's license issued by a state in the United
865	854		States.
866		-	SECTION 1.48. Sections 2308.2065(a) and (b), Occupations
	855	+	SECTION 1.48. Section 2308.205(a), Occupations Code, is
	856	+	amended to read as follows:
	857	+	(a) A towing company that makes a nonconsent tow shall tow
	858	+	the vehicle to a vehicle storage facility that is operated by a
	859	+	person who holds a license to operate the facility under Chapter
	860	+	2303, unless:
	861	+	(1) the towing company agrees to take the vehicle to a
	862	+	location designated by the vehicle's owner; or
	863	+	(2) the vehicle is towed under Section 2308.259(b).
	864	+	SECTION 1.49. Sections 2308.2065(a) and (b), Occupations
867	865		Code, are amended to read as follows:
868	866		(a) A license or permit holder may not charge a fee for a
869	867		nonconsent tow that is greater than:
870	868		(1) the fee for a private property [nonconsent] tow
871	869		established under Section 2308.0575; or
872	870		(2) a fee for an incident management or private
873	871		property [a nonconsent] tow authorized by a political subdivision.
874	872		(b) A license or permit holder may not charge a fee for a
875	873		service related to a nonconsent tow that is not included in the list
876	874		of fees established:
877	875		(1) for a private property tow under Section
878	876		2308.0575; or
879	877		(2) by a political subdivision.
880		-	SECTION 1.49. Section 2308.2085, Occupations Code, is
	878	+	SECTION 1.50. Section 2308.2085, Occupations Code, is
881	879		amended to read as follows:
882	880		Sec. 2308.2085. LOCAL AUTHORITY REGULATION OF [MUNICIPAL
883	881		ORDINANCE REGULATING] BOOTING ACTIVITIES [COMPANIES AND
884	882		OPERATORS]. (a) A local authority [municipality] may regulate, in
885	883		areas in which the entity regulates parking or traffic, [adopt an
886	884		ordinance that is identical to the] booting activities, including:
887	885		(1) operation of booting companies and operators that
888	886		operate on a parking facility;
889	887		(2) any permit and sign requirements in connection
890	888		with the booting of a vehicle; and
891	889		(3) [provisions in this chapter or that imposes
892	890		additional requirements that exceed the minimum standards of the
893	891		booting provisions in this chapter but may not adopt an ordinance
894	892		that conflicts with the booting provisions in this chapter.
895	893		[(b) A municipality may regulate the] fees that may be
896	894		charged in connection with the booting of a vehicle [, including
897	895		associated parking fees].
898	896		(b) Regulations adopted under this section must:
899	897		(1) incorporate the requirements of Sections 2308.257
900	898		and 2308.258;
901	899		(2) include procedures for vehicle owners and
902	900		operators to file a complaint with the local authority regarding a
903	901		booting company or operator;
904	902		(3) provide for the imposition of a penalty on a
905	903		booting company or operator for a violation of Section 2308.258;
906	904		and
907	905		(4) provide for the revocation of any permit, license,
908	906		or other authority of a booting company or operator to boot vehicles
909	907		if the company or operator violates Section 2308.258 more than
910	908		twice in a five-year period [(c) A municipality may require booting
911	909		companies to obtain a permit to operate in the municipality].
912		-	SECTION 1.50. Section 2308.254, Occupations Code, is
	910	+	SECTION 1.51. Section 2308.254, Occupations Code, is
913	911		amended to read as follows:
914	912		Sec. 2308.254. LIMITATION ON PARKING FACILITY OWNER'S
915	913		AUTHORITY TO TOW [REMOVE] UNAUTHORIZED VEHICLE. A parking facility
916	914		owner may not have an unauthorized vehicle towed [removed] from the
917	915		facility except:
918	916		(1) as provided by this chapter or a municipal
919	917		ordinance that complies with Section 2308.208; or
920	918		(2) under the direction of a peace officer or the owner
921	919		or operator of the vehicle.
922		-	SECTION 1.51. Section 2308.255, Occupations Code, is
	920	+	SECTION 1.52. Section 2308.255, Occupations Code, is
923	921		transferred to Subchapter I, Chapter 2308, Occupations Code,
924	922		redesignated as Section 2308.4011, Occupations Code, and amended to
925	923		read as follows:
926	924		Sec. 2308.4011 [2308.255]. TOWING COMPANY'S [OR BOOT
927	925		OPERATOR'S] AUTHORITY TO TOW [REMOVE AND STORE OR BOOT]
928	926		UNAUTHORIZED VEHICLE FROM PARKING FACILITY. (a) A towing company
929	927		that is insured as provided by Subsection (c) may, without the
930	928		consent of an owner or operator of an unauthorized vehicle, tow
931	929		[remove and store] the vehicle to [at] a vehicle storage facility at
932	930		the expense of the owner or operator of the vehicle if:
933	931		(1) the towing company has received written
934	932		verification from the parking facility owner that:
935	933		(A) the parking facility owner has installed the
936	934		signs required by Section 2308.252(a)(1); or
937	935		(B) the owner or operator received notice under
938	936		Section 2308.252(a)(2) or the parking facility owner gave notice
939	937		complying with Section 2308.252(a)(3); or
940	938		(2) on request the parking facility owner provides to
941	939		the owner or operator of the vehicle information on the name of the
942	940		towing company and vehicle storage facility that will be used to tow
943	941		[remove] and store the vehicle and the vehicle is:
944	942		(A) left in violation of Section 2308.251;
945	943		(B) in or obstructing a portion of a paved
946	944		driveway; or
947	945		(C) on a public roadway used for entering or
948	946		exiting the facility and the removal is approved by a peace officer.
949	947		(b) A towing company may not tow [remove] an unauthorized
950	948		vehicle except under:
951	949		(1) this chapter;
952	950		(2) a municipal ordinance that complies with Section
953	951		2308.208; or
954	952		(3) the direction of a peace officer or the owner or
955	953		operator of the vehicle.
956	954		(c) Only a towing company that is insured against liability
957	955		for property damage incurred in towing a vehicle may tow [remove and
958	956		store] an unauthorized vehicle under this section.
959	957		(d) A towing company may tow [remove and store] a vehicle to
960	958		a licensed storage facility under Subsection (a) [and a boot
961	959		operator may boot a vehicle under Section 2308.257] only if the
962	960		parking facility owner:
963	961		(1) requests that the towing company tow [remove and
964	962		store or that the boot operator boot] the specific vehicle; or
965	963		(2) has a standing written agreement with the towing
966	964		company [or boot operator] to enforce parking restrictions in the
967	965		parking facility.
968		-	SECTION 1.52. Subchapter F, Chapter 2308, Occupations Code,
969		-	is amended by adding Section 2308.258 to read as follows:
	966	+	SECTION 1.53. Subchapter F, Chapter 2308, Occupations Code,
	967	+	is amended by adding Sections 2308.258 and 2308.259 to read as
	968	+	follows:
970	969		Sec. 2308.258. BOOT REMOVAL. (a) A booting company
971	970		responsible for the installation of a boot on a vehicle shall remove
972	971		the boot not later than one hour after the time the owner or
973	972		operator of the vehicle contacts the company to request removal of
974	973		the boot.
975	974		(b) A booting company shall waive the amount of the fee for
976	975		removal of a boot, excluding any associated parking fees, if the
977	976		company fails to have the boot removed within the time prescribed by
978	977		Subsection (a).
979		-	SECTION 1.53. Section 2308.302, Occupations Code, is
	978	+	(c) A booting company responsible for the installation of
	979	+	more than one boot on a vehicle may not charge a total amount for the
	980	+	removal of the boots that is greater than the amount of the fee for
	981	+	the removal of a single boot.
	982	+	Sec. 2308.259. TOWING COMPANY'S AUTHORITY TO TOW VEHICLE
	983	+	FROM UNIVERSITY PARKING FACILITY. (a) In this section:
	984	+	(1) "Special event" means a university-sanctioned,
	985	+	on-campus activity, including parking lot maintenance.
	986	+	(2) "University" means:
	987	+	(A) a public senior college or university, as
	988	+	defined by Section 61.003, Education Code; or
	989	+	(B) a private or independent institution of
	990	+	higher education, as defined by Section 61.003, Education Code.
	991	+	(b) Subject to Subsection (c), an individual designated by a
	992	+	university may, to facilitate a special event, request that a
	993	+	vehicle parked at a university parking facility be towed to another
	994	+	location on the university campus.
	995	+	(c) A vehicle may not be towed under Subsection (b) unless
	996	+	signs complying with this section are installed on the parking
	997	+	facility for the 72 hours preceding towing enforcement for the
	998	+	special event and for 48 hours after the conclusion of the special
	999	+	event.
	1000	+	(d) Each sign required under Subsection (c) must:
	1001	+	(1) contain:
	1002	+	(A) a statement of:
	1003	+	(i) the nature of the special event; and
	1004	+	(ii) the dates and hours of towing
	1005	+	enforcement; and
	1006	+	(B) the number, including the area code, of a
	1007	+	telephone that is answered 24 hours a day to identify the location
	1008	+	of a towed vehicle;
	1009	+	(2) face and be conspicuously visible to the driver of
	1010	+	a vehicle that enters the facility;
	1011	+	(3) be located:
	1012	+	(A) on the right or left side of each driveway or
	1013	+	curb-cut through which a vehicle can enter the facility, including
	1014	+	an entry from an alley abutting the facility; or
	1015	+	(B) at intervals along the entrance so that no
	1016	+	entrance is farther than 25 feet from a sign if:
	1017	+	(i) curbs, access barriers, landscaping, or
	1018	+	driveways do not establish definite vehicle entrances onto a
	1019	+	parking facility from a public roadway other than an alley; and
	1020	+	(ii) the width of an entrance exceeds 35
	1021	+	feet;
	1022	+	(4) be made of weather-resistant material;
	1023	+	(5) be at least 18 inches wide and 24 inches tall;
	1024	+	(6) be mounted on a pole, post, wall, or free-standing
	1025	+	board; and
	1026	+	(7) be installed so that the bottom edge of the sign is
	1027	+	no lower than two feet and no higher than six feet above ground
	1028	+	level.
	1029	+	(e) If a vehicle is towed under Subsection (b), personnel
	1030	+	must be available to:
	1031	+	(1) release the vehicle within two hours after a
	1032	+	request for release of the vehicle; and
	1033	+	(2) accept any payment required for the release of the
	1034	+	vehicle.
	1035	+	(f) A university may not charge a fee for a tow under
	1036	+	Subsection (b) that exceeds 75 percent of the private property tow
	1037	+	fee established under Section 2308.0575.
	1038	+	(g) A vehicle towed under Subsection (b) that is not claimed
	1039	+	by the vehicle owner or operator within 48 hours after the
	1040	+	conclusion of the special event may only be towed:
	1041	+	(1) without further expense to the vehicle owner or
	1042	+	operator; and
	1043	+	(2) to another location on the university campus.
	1044	+	(h) The university must notify the owner or operator of a
	1045	+	vehicle towed under Subsection (b) of the right of the vehicle owner
	1046	+	or operator to a hearing under Subchapter J.
	1047	+	SECTION 1.54. Section 2308.302, Occupations Code, is
980	1048		amended by adding Subsection (b-1) and amending Subsections (c),
981	1049		(d), and (e) to read as follows:
982	1050		(b-1) Any portion of the sign that is not described by
983	1051		Subsection (b) must be red or white with any lettering contrasting
984	1052		with the background.
985	1053		(c) The portion of the sign immediately below the
986	1054		international towing symbol must, [:
987	1055		[(1)] in lettering at least two inches in height,
988	1056		contain the words, as applicable:
989	1057		(1) [(A)] "Towing and Booting Enforced"; or
990	1058		(2) [(B)] "Towing Enforced"[; or
991	1059		[(C) "Booting Enforced"; and
992	1060		[(2) consist of white letters on a bright red
993	1061		background].
994	1062		(d) Except as provided by Subsection (e), the next lower
995	1063		portion of the sign must contain the remaining information required
996	1064		by Section 2308.301(b) displayed in [bright red] letters at least
997	1065		one inch in height [on a white background].
998	1066		(e) The bottommost portion of the sign must contain the
999	1067		telephone numbers required by Section 2308.301(b), in lettering at
1000	1068		least one inch in height and may, if the facility owner chooses or
1001	1069		if an applicable municipal ordinance requires, include the name and
1002	1070		address of the storage facility to which an unauthorized vehicle
1003	1071		will be towed [removed. The lettering on this portion of the sign
1004	1072		must consist of white letters on a bright red background].
1005		-	SECTION 1.54. Section 2308.304, Occupations Code, is
	1073	+	SECTION 1.55. Section 2308.304, Occupations Code, is
1006	1074		amended to read as follows:
1007	1075		Sec. 2308.304. DESIGNATION OF RESTRICTED PARKING SPACES ON
1008	1076		OTHERWISE UNRESTRICTED PARKING FACILITY. A parking facility owner
1009	1077		may designate one or more spaces as restricted parking spaces on a
1010	1078		portion of an otherwise unrestricted parking facility. Instead of
1011	1079		installing a sign at each entrance to the parking facility as
1012	1080		provided by Section 2308.301(a)(2), an owner may place a sign that
1013	1081		prohibits unauthorized vehicles from parking in designated spaces
1014	1082		and that otherwise complies with Sections 2308.301 and 2308.302:
1015	1083		(1) at the right or left side of each entrance to a
1016	1084		designated area or group of parking spaces located on the
1017	1085		restricted portion of the parking facility; or
1018	1086		(2) at the end of a restricted parking space so that
1019	1087		the sign, the top of which must not be higher than seven feet above
1020	1088		the ground, is directly facing and in front of [a vehicle that is
1021	1089		parked in the space and the rear of which is at the entrance of] the
1022	1090		restricted space.
1023		-	SECTION 1.55. The heading to Section 2308.353, Occupations
	1091	+	SECTION 1.56. The heading to Section 2308.353, Occupations
1024	1092		Code, is amended to read as follows:
1025	1093		Sec. 2308.353. TOWING [REMOVAL] UNDER GOVERNMENTAL
1026	1094		ENTITY'S AUTHORITY OF UNAUTHORIZED VEHICLE PARKED IN RIGHT-OF-WAY.
1027		-	SECTION 1.56. Section 2308.353(c), Occupations Code, is
	1095	+	SECTION 1.57. Section 2308.353(c), Occupations Code, is
1028	1096		amended to read as follows:
1029	1097		(c) After signs have been posted under Subsection (b), the
1030	1098		parking facility owner may have [or] a towing company tow [may
1031	1099		remove] an unauthorized vehicle from the right-of-way subject to
1032	1100		the governmental entity's written permission given under
1033	1101		Subsection (a)(2).
1034		-	SECTION 1.57. Section 2308.354, Occupations Code, is
	1102	+	SECTION 1.58. Section 2308.354, Occupations Code, is
1035	1103		transferred to Subchapter E, Chapter 2308, Occupations Code,
1036	1104		redesignated as Section 2308.210, Occupations Code, and amended to
1037	1105		read as follows:
1038	1106		Sec. 2308.210 [2308.354]. AUTHORITY FOR TOWING [REMOVAL]
1039	1107		OF VEHICLE FROM PUBLIC ROADWAY. (a) Under an ordinance of a
1040	1108		municipality regulating the parking of vehicles in the
1041	1109		municipality, to aid in the enforcement of the ordinance, an
1042	1110		employee designated by the municipality may be authorized to:
1043	1111		(1) immobilize a vehicle parked in the municipality;
1044	1112		and
1045	1113		(2) tow [remove] an immobilized vehicle from a public
1046	1114		roadway in the municipality.
1047	1115		(b) A parking facility owner or towing company may not tow
1048	1116		[remove] a vehicle from a public roadway except under:
1049	1117		(1) this chapter or a municipal ordinance that
1050	1118		complies with Section 2308.208; or
1051	1119		(2) the direction of a peace officer or the owner or
1052	1120		operator of the vehicle.
1053	1121		(c) In addition to the authority granted under Subsection
1054	1122		(a) and to aid in the enforcement of an ordinance regulating the
1055	1123		parking of vehicles, a municipality with a population of 1.9
1056	1124		million or more may authorize a designated employee to request the
1057	1125		towing [removal] of a vehicle parked illegally in an area
1058	1126		designated as a tow-away zone in a residential area where on-street
1059	1127		parking is regulated by the ordinance.
1060	1128		(d) Subsections (a) and (c) do not apply to a vehicle owned
1061	1129		by an electric, gas, water, or telecommunications utility while the
1062	1130		vehicle is parked for the purpose of conducting work on a facility
1063	1131		of the utility that is located below, above, or adjacent to the
1064	1132		street.
1065		-	SECTION 1.58. The heading to Subchapter I, Chapter 2308,
	1133	+	SECTION 1.59. The heading to Subchapter I, Chapter 2308,
1066	1134		Occupations Code, is amended to read as follows:
1067	1135		SUBCHAPTER I. REGULATION OF TOWING COMPANIES [, BOOTING
1068	1136		COMPANIES,] AND PARKING FACILITY OWNERS
1069		-	SECTION 1.59. Section 2308.402, Occupations Code, is
	1137	+	SECTION 1.60. Section 2308.402, Occupations Code, is
1070	1138		amended to read as follows:
1071	1139		Sec. 2308.402. TOWING COMPANY [AND BOOTING COMPANY]
1072	1140		PROHIBITED FROM FINANCIAL INVOLVEMENT WITH PARKING FACILITY OWNER.
1073	1141		(a) A towing company [or booting company] may not directly or
1074	1142		indirectly give anything of value to a parking facility owner in
1075	1143		connection with [:
1076	1144		[(1)] the towing [removal] of a vehicle from a parking
1077	1145		facility [; or
1078	1146		[(2) the booting of a vehicle in a parking facility].
1079	1147		(b) A towing company [or booting company] may not have a
1080	1148		direct or indirect monetary interest in a parking facility [:
1081	1149		[(1)] from which the towing company for compensation
1082	1150		tows [removes] unauthorized vehicles [; or
1083	1151		[(2) in which the booting company for compensation
1084	1152		installs boots on unauthorized vehicles].
1085	1153		(c) This section does not apply to a sign required under
1086	1154		Section 2308.301 provided by a towing [or booting] company to a
1087	1155		parking facility owner.
1088		-	SECTION 1.60. Section 2308.403, Occupations Code, is
	1156	+	SECTION 1.61. Section 2308.403, Occupations Code, is
1089	1157		amended to read as follows:
1090	1158		Sec. 2308.403. LIMITATION ON LIABILITY OF PARKING FACILITY
1091	1159		OWNER FOR TOWING [REMOVAL] OR STORAGE OF UNAUTHORIZED VEHICLE. A
1092	1160		parking facility owner who causes the towing [removal] of an
1093	1161		unauthorized vehicle is not liable for damages arising from the
1094	1162		towing [removal] or storage of the vehicle if the vehicle:
1095	1163		(1) was towed [removed] in compliance with this
1096	1164		chapter; and
1097	1165		(2) is:
1098	1166		(A) towed [removed] by a towing company insured
1099	1167		against liability for property damage incurred in towing a vehicle;
1100	1168		and
1101	1169		(B) stored by a vehicle storage facility insured
1102	1170		against liability for property damage incurred in storing a
1103	1171		vehicle.
1104		-	SECTION 1.61. Section 2308.404, Occupations Code, is
	1172	+	SECTION 1.62. Section 2308.404, Occupations Code, is
1105	1173		amended to read as follows:
1106	1174		Sec. 2308.404. CIVIL LIABILITY OF TOWING COMPANY [, BOOTING
1107	1175		COMPANY,] OR PARKING FACILITY OWNER FOR VIOLATION OF SUBCHAPTER
1108	1176		[CHAPTER]. (a) A towing company [, booting company,] or parking
1109	1177		facility owner who violates this subchapter [chapter] is liable to
1110	1178		the owner or operator of the vehicle that is the subject of the
1111	1179		violation for:
1112	1180		(1) damages arising from the towing or [removal,]
1113	1181		storage[, or booting] of the vehicle; and
1114	1182		(2) towing or [,] storage[, or booting] fees paid by
1115	1183		the owner or operator [assessed] in connection with the vehicle's
1116	1184		towing or [removal,] storage[, or booting].
1117	1185		(b) A vehicle's owner or operator is not required to prove
1118	1186		negligence of a parking facility owner or[,] towing company [, or
1119	1187		booting company] to recover under Subsection (a).
1120	1188		(c) A towing company [, booting company,] or parking
1121	1189		facility owner who intentionally, knowingly, or recklessly
1122	1190		violates this subchapter [chapter] is liable to the owner or
1123	1191		operator of the vehicle that is the subject of the violation for
1124	1192		$1,000 plus three times the amount of fees paid by the owner or
1125	1193		operator [assessed] in connection with the vehicle's [removal,]
1126	1194		towing or [,] storage[, or booting].
1127		-	SECTION 1.62. Section 2308.452, Occupations Code, is
	1195	+	SECTION 1.63. Section 2308.452, Occupations Code, is
1128	1196		amended to read as follows:
1129	1197		Sec. 2308.452. RIGHT OF OWNER OR OPERATOR OF VEHICLE TO
1130	1198		HEARING. (a) The owner or operator of a vehicle that has been towed
1131	1199		to [removed and placed in] a vehicle storage facility [or booted]
1132	1200		without the consent of the owner or operator of the vehicle is
1133	1201		entitled to a hearing on whether probable cause existed for the tow
1134	1202		[removal and placement or booting].
1135	1203		(b) In a hearing authorized by Subsection (a), a court may
1136	1204		determine only the issues described by Section 2308.458(c).
1137		-	SECTION 1.63. Section 2308.453, Occupations Code, is
	1205	+	SECTION 1.64. Section 2308.453, Occupations Code, is
1138	1206		amended to read as follows:
1139	1207		Sec. 2308.453. JURISDICTION. A hearing under this chapter
1140	1208		shall be in any justice court in[:
1141	1209		[(1)] the county from which the motor vehicle was
1142	1210		towed [; or
1143	1211		[(2) for booted vehicles, the county in which the
1144	1212		parking facility is located].
1145		-	SECTION 1.64. Sections 2308.456(a), (b), and (c),
	1213	+	SECTION 1.65. Sections 2308.456(a), (b), and (c),
1146	1214		Occupations Code, are amended to read as follows:
1147	1215		(a) Except as provided by Subsections (c) and (c-1), a
1148	1216		person entitled to a hearing under this chapter must deliver a
1149	1217		written request for the hearing to the court before the 14th day
1150	1218		after the date the vehicle was towed and stored [removed and placed]
1151	1219		in the vehicle storage facility [or booted], excluding Saturdays,
1152	1220		Sundays, and legal holidays.
1153	1221		(b) A request for a hearing must contain:
1154	1222		(1) the name, address, and telephone number of the
1155	1223		owner or operator of the vehicle;
1156	1224		(2) the location from which the vehicle was towed
1157	1225		[removed or in which the vehicle was booted];
1158	1226		(3) the date when the vehicle was towed [removed or
1159	1227		booted];
1160	1228		(4) the name, address, and telephone number of the
1161	1229		person or law enforcement agency that authorized the tow [removal
1162	1230		or booting];
1163	1231		(5) the name, address, and telephone number of the
1164	1232		vehicle storage facility in which the vehicle was stored [placed];
1165	1233		(6) the name, address, and telephone number of the
1166	1234		towing company that towed [removed] the vehicle [or of the booting
1167	1235		company that installed a boot on the vehicle];
1168	1236		(7) a copy of any receipt or notification that the
1169	1237		owner or operator received from the towing company [, the booting
1170	1238		company,] or the vehicle storage facility; and
1171	1239		(8) if the vehicle was towed [removed] from [or booted
1172	1240		in] a parking facility:
1173	1241		(A) one or more photographs that show the
1174	1242		location and text of any sign posted at the facility restricting
1175	1243		parking of vehicles; or
1176	1244		(B) a statement that no sign restricting parking
1177	1245		was posted at the parking facility.
1178	1246		(c) If notice was not given under Subchapter E, Chapter 2303
1179	1247		[Section 2308.454], the 14-day deadline for requesting a hearing
1180	1248		under Subsection (a) does not apply, and the owner or operator of
1181	1249		the vehicle may deliver a written request for a hearing at any time.
1182		-	SECTION 1.65. Section 2308.458, Occupations Code, is
	1250	+	SECTION 1.66. Section 2308.458, Occupations Code, is
1183	1251		amended by amending Subsections (b), (c), and (e) and adding
1184	1252		Subsections (c-2), (c-3), (f), and (g) to read as follows:
1185	1253		(b) The court shall notify the person who requested the
1186	1254		hearing [for a towed vehicle], the parking facility owner or law
1187	1255		enforcement agency that authorized the towing [removal] of the
1188	1256		vehicle, the towing company, and the vehicle storage facility in
1189	1257		which the vehicle was stored [placed] of the date, time, and place
1190	1258		of the hearing in a manner provided by Rule 21a, Texas Rules of
1191	1259		Civil Procedure. The notice of the hearing to the towing company
1192	1260		and the parking facility owner or law enforcement agency that
1193	1261		authorized the towing [removal] of the vehicle must include a copy
1194	1262		of the request for hearing, including any photographs, exhibits,
1195	1263		schedules, or other evidence, attached to or included or filed with
1196	1264		the request for hearing. Notice to the law enforcement agency that
1197	1265		authorized the towing [removal] of the vehicle is sufficient as
1198	1266		notice to the political subdivision in which the law enforcement
1199	1267		agency is located.
1200	1268		(c) The only issues in a hearing regarding a towed vehicle
1201	1269		under this chapter, at trial in a justice court or on appeal, are:
1202	1270		(1) whether probable cause existed for the towing
1203	1271		[removal and placement] of the vehicle;
1204	1272		(2) whether a towing charge imposed or collected in
1205	1273		connection with the towing [removal or placement] of the vehicle
1206	1274		was [greater than the amount] authorized [by the political
1207	1275		subdivision] under Section 2308.2065 [2308.201 or 2308.202]; or
1208	1276		(3) whether a storage [towing] charge imposed or
1209	1277		collected in connection with the storage [removal or placement] of
1210	1278		the vehicle in a vehicle storage facility was authorized or was
1211	1279		greater than the amount authorized under Chapter 2303 [Section
1212	1280		2308.203; or
1213	1281		[(4) whether a towing charge imposed or collected in
1214	1282		connection with the removal or placement of the vehicle was greater
1215	1283		than the amount authorized under Section 2308.0575].
1216	1284		(c-2) In determining whether probable cause for the towing
1217	1285		of a vehicle existed under Subsection (c)(1), the court shall
1218	1286		consider the facts known to the tow operator at the time the vehicle
1219	1287		was towed and stored in a vehicle storage facility.
1220	1288		(c-3) The court shall find that probable cause for the
1221	1289		towing of a vehicle existed under Subsection (c)(1) if a vehicle was
1222	1290		towed from the parking facility of a multiunit complex, as defined
1223	1291		by Section 92.151, Property Code, where the vehicle was parked in
1224	1292		violation of the parking rules or policies of the multiunit
1225	1293		complex.
1226	1294		(e) The court may award, at trial in a justice court or on
1227	1295		appeal, only:
1228	1296		(1) court costs [and attorney's fees] to the
1229	1297		prevailing party;
1230	1298		(2) the reasonable cost of photographs submitted under
1231	1299		Section 2308.456(b)(8) to a vehicle owner or operator who is the
1232	1300		prevailing party;
1233	1301		(3) an amount equal to the amount by which [that] the
1234	1302		towing or storage charge [or booting removal charge and associated
1235	1303		parking fees] exceeded fees regulated by a political subdivision or
1236	1304		authorized by this code or by Chapter 2303; and
1237	1305		(4) reimbursement of fees paid for vehicle towing
1238	1306		and[,] storage[, or removal of a boot].
1239	1307		(f) In a hearing under this chapter, in a justice court or on
1240	1308		appeal, any issue of fact or law must be submitted to and determined
1241	1309		by the court.
1242	1310		(g) In a hearing under this chapter, on appeal, the court
1243	1311		may not consider an issue or claim that was not presented or award
1244	1312		damages or relief that was not requested in justice court.
1245		-	SECTION 1.66. Subchapter J, Chapter 2308, Occupations Code,
	1313	+	SECTION 1.67. Subchapter J, Chapter 2308, Occupations Code,
1246	1314		is amended by adding Section 2308.4581 to read as follows:
1247	1315		Sec. 2308.4581. PAYMENT OF COST OF TOWING AND STORAGE OF
1248	1316		VEHICLE. (a) If after a hearing held under this chapter the court
1249	1317		finds that a person or law enforcement agency authorized, with
1250	1318		probable cause, the towing and storage of a vehicle, the person who
1251	1319		requested the hearing shall pay the costs of the towing and storage.
1252	1320		(b) If after a hearing held under this chapter the court
1253	1321		does not find that a person or law enforcement agency authorized,
1254	1322		with probable cause, the towing and storage of a vehicle, the towing
1255	1323		company, vehicle storage facility, parking facility owner, or law
1256	1324		enforcement agency that authorized the tow shall:
1257	1325		(1) pay the costs of the towing and storage; or
1258	1326		(2) reimburse the owner or operator for the cost of the
1259	1327		towing and storage paid by the owner or operator.
1260	1328		(c) If after a hearing held under this chapter, regardless
1261	1329		of whether the court finds that there was probable cause for the
1262	1330		towing and storage of a vehicle, the court finds that the amount of
1263	1331		a towing or storage charge collected was not authorized by Section
1264	1332		2308.2065 or Chapter 2303, the towing company or vehicle storage
1265	1333		facility as applicable shall reimburse the owner or operator of the
1266	1334		vehicle an amount equal to the amount of the overcharge for towing
1267	1335		or storage.
1268		-	SECTION 1.67. Section 2308.459, Occupations Code, is
	1336	+	SECTION 1.68. Section 2308.459, Occupations Code, is
1269	1337		amended to read as follows:
1270	1338		Sec. 2308.459. APPEAL. (a) An appeal from a hearing under
1271	1339		this chapter is governed by the rules of procedure applicable to
1272	1340		civil cases in justice court, except that no appeal bond may be
1273	1341		required by the court.
1274	1342		(b) If the party requesting the hearing does not participate
1275	1343		in the hearing, the party waives the right to an appeal under this
1276	1344		section.
1277		-	SECTION 1.68. Section 2308.505(a), Occupations Code, is
	1345	+	SECTION 1.69. Section 2308.505(a), Occupations Code, is
1278	1346		amended to read as follows:
1279	1347		(a) A person commits an offense if the person:
1280	1348		(1) violates an ordinance, resolution, order, rule, or
1281	1349		regulation of a political subdivision adopted under Section
1282	1350		2308.201 or[,] 2308.202[, or 2308.2085] for which the political
1283	1351		subdivision does not prescribe the penalty;
1284	1352		(2) charges or collects a fee in a political
1285	1353		subdivision that regulates the operation of tow trucks under
1286	1354		Section 2308.201 or 2308.202 [or booting under Section 2308.2085]
1287	1355		that is not authorized or is greater than the authorized amount of
1288	1356		the fee;
1289	1357		(3) [charges or collects a fee greater than the amount
1290	1358		authorized under Section 2308.204;
1291	1359		[(4)] charges or collects a fee in excess of the amount
1292	1360		authorized [filed with the department] under Section 2308.2065
1293	1361		[2308.206];
1294	1362		(4) [(5)] violates Section 2308.205; or
1295	1363		(5) [(6)] violates a rule of the department applicable
1296	1364		to a tow truck or[,] towing company[, or booting company].
1297		-	SECTION 1.69. Section 503.096(a), Transportation Code, is
	1365	+	SECTION 1.70. Section 503.096(a), Transportation Code, is
1298	1366		amended to read as follows:
1299	1367		(a) If a person is engaged in business as a dealer in
1300	1368		violation of Section 503.021, a peace officer may cause a vehicle
1301	1369		that is being offered for sale by the person to be towed from the
1302	1370		location where the vehicle is being offered for sale and stored at a
1303	1371		vehicle storage facility, as defined by Section 2303.002
1304	1372		[2308.002], Occupations Code.
1305		-	SECTION 1.70. Section 683.001(2), Transportation Code, is
	1373	+	SECTION 1.71. Section 683.001(2), Transportation Code, is
1306	1374		amended to read as follows:
1307	1375		(2) "Garagekeeper" means an owner or operator of a
1308	1376		storage facility or vehicle storage facility.
1309		-	SECTION 1.71. Section 683.003, Transportation Code, is
	1377	+	SECTION 1.72. Section 683.003, Transportation Code, is
1310	1378		amended by adding Subsection (c) to read as follows:
1311	1379		(c) To the extent of any conflict between this chapter and
1312	1380		Subchapters D and E, Chapter 2303, Occupations Code, those
1313	1381		subchapters control for a vehicle stored in a vehicle storage
1314	1382		facility.
1315	1383		ARTICLE 2. REPEALER
1316	1384		SECTION 2.01. The following provisions of the Occupations
1317	1385		Code are repealed:
1318	1386		(1) Sections 2303.056(c) and (d);
1319	1387		(2) Sections 2303.1015 and 2303.1016;
1320	1388		(3) Section 2303.161;
1321	1389		(4) Section 2308.002(7-a);
1322	1390		(5) Sections 2308.103, 2308.104, and 2308.105;
1323	1391		(6) Sections 2308.1521, 2308.153, 2308.154, 2308.155,
1324	1392		2308.1551, 2308.1555, and 2308.1556;
1325	1393		(7) Section 2308.253(g);
1326	1394		(8) Sections 2308.2555 and 2308.2565;
1327	1395		(9) Section 2308.451;
1328	1396		(10) Sections 2308.454 and 2308.455; and
1329	1397		(11) Sections 2308.458(b-2) and (c-1).
1330	1398		ARTICLE 3. TRANSITIONS; EFFECTIVE DATE
1331	1399		SECTION 3.01. (a) The changes in law made by this Act do not
1332	1400		affect the validity of a proceeding pending before a court or other
1333	1401		governmental entity on the effective date of this Act.
1334	1402		(b) An offense or other violation of law committed before
1335	1403		the effective date of this Act is governed by the law in effect when
1336	1404		the offense or violation was committed, and the former law is
1337	1405		continued in effect for that purpose. For purposes of this
1338	1406		subsection, an offense or violation was committed before the
1339	1407		effective date of this Act if any element of the offense or
1340	1408		violation occurred before that date.
1341	1409		(c) On the effective date of this Act, a license or permit
1342	1410		issued under former Section 2303.1015, 2303.1016, 2308.1521,
1343	1411		2308.1551, 2308.1555, or 2308.1556, Occupations Code, expires.
1344	1412		(d) Except as otherwise provided by this section, the
1345	1413		changes in law made by this Act applicable to the storage of a
1346	1414		vehicle by a vehicle storage facility under Chapter 2303,
1347	1415		Occupations Code, as amended by this Act, apply only to a vehicle
1348	1416		accepted for storage by a vehicle storage facility on or after the
1349	1417		effective date of this Act. A vehicle accepted for storage by a
1350	1418		vehicle storage facility before the effective date of this Act is
1351	1419		governed by the law in effect at the time the vehicle was accepted,
1352	1420		and the former law is continued in effect for that purpose.
1353	1421		(e) Except as otherwise provided by this section, the
1354	1422		changes in law made by this Act applicable to the towing or booting
1355	1423		of a vehicle under Chapter 2308, Occupations Code, as amended by
1356	1424		this Act, apply only to the towing or booting of a vehicle initiated
1357	1425		on or after the effective date of this Act. The towing or booting of
1358	1426		a vehicle initiated before the effective date of this Act is
1359	1427		governed by the law in effect at the time the towing or booting was
1360	1428		initiated, and the former law is continued in effect for that
1361	1429		purpose.
1362	1430		(f) Sections 2303.004 and 2308.005, Occupations Code, as
1363	1431		added by this Act, apply only to a conflict between Chapter 2303 or
1364	1432		2308, Occupations Code, and a contract that arises on or after the
1365	1433		effective date of this Act. A conflict that arises before the
1366	1434		effective date of this Act is governed by the law in effect
1367	1435		immediately before the effective date of this Act, and the former
1368	1436		law is continued in effect for that purpose.
1369	1437		(g) Sections 2303.157(b), Occupations Code, as amended by
1370	1438		this Act, and 2303.157(b-1), Occupations Code, as added by this
1371	1439		Act, apply only to an abandoned vehicle purchased on or after the
1372	1440		effective date of this Act. An abandoned vehicle purchased before
1373	1441		the effective date of this Act is governed by the law in effect on
1374	1442		the date the vehicle was purchased, and the former law is continued
1375	1443		in effect for that purpose.
1376	1444		(h) The changes in law made by this Act to Section
1377	1445		2308.051(a), Occupations Code, regarding the qualifications for a
1378	1446		member of the Towing and Storage Advisory Board do not affect the
1379	1447		entitlement of a member serving on the board immediately before the
1380	1448		effective date of this Act to continue to serve and function as a
1381	1449		member of the board for the remainder of the member's term. When
1382	1450		board vacancies occur on or after the effective date of this Act,
1383	1451		the presiding officer of the Texas Commission of Licensing and
1384	1452		Regulation shall appoint new members to the board in a manner that
1385	1453		reflects the changes in law made by this Act.
1386	1454		(i) Section 2308.156(b), Occupations Code, as added by this
1387	1455		Act, applies only to the transfer of a license due to the death or
1388	1456		disability of a license holder on or after the effective date of
1389	1457		this Act. The transfer of a license due to the death or disability
1390	1458		of a license holder before the effective date of this Act is
1391	1459		governed by the law in effect on the date the license holder dies or
1392	1460		becomes disabled, and the former law is continued in effect for that
1393	1461		purpose.
1394	1462		(j) The changes in law made by this Act to Section 2308.255,
1395	1463		Occupations Code, do not apply to the booting of a vehicle under a
1396	1464		standing written agreement between a booting company and a parking
1397	1465		facility owner entered into before the effective date of this Act.
1398	1466		The booting of a vehicle under a standing written agreement entered
1399	1467		into before the effective date of this Act is governed by the law as
1400	1468		it existed immediately before the effective date of this Act, and
1401	1469		that law is continued in effect for that purpose.
1402	1470		SECTION 3.02. This Act takes effect September 1, 2017.