85R22029 BEE-F
By: Kuempel H.B. No. 2508
Substitute the following for H.B. No. 2508:
By: Kuempel C.S.H.B. No. 2508
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of tow truck companies,
tow truck operators, vehicle storage facilities, and vehicle
storage facility employees, the regulation of parking facilities
and parking facility owners, and the elimination of required state
licensing for vehicle booting companies and operators.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. LICENSING AND REGULATION OF TOWING, BOOTING, AND
VEHICLE STORAGE
SECTION 1.01. Section 2303.002, Occupations Code, is
amended by amending Subdivisions (1), (5), and (8) and adding
Subdivision (4-a) to read as follows:
(1) "Abandoned nuisance vehicle" means a motor vehicle
that is[:
[(A) at least 10 years old; and
[(B)] of a condition only to be crushed
[demolished, wrecked,] or dismantled.
(4-a) "Incident management scene" means the location
on a public or private roadway or right-of-way of a traffic accident
or incident requiring services, equipment, repair, or cleanup to
return the location to its intended use.
(5) "Owner of a vehicle" means a person:
(A) named as the purchaser or transferee in the
certificate of title issued for the vehicle under Chapter 501,
Transportation Code, or Chapter 31, Parks and Wildlife Code, as
applicable;
(B) in whose name the vehicle is titled
[registered] under Chapter 501 [502], Transportation Code, or
Chapter 31, Parks and Wildlife Code, as applicable, or a member of
the person's immediate family;
(C) who holds the vehicle through a lease
agreement;
(D) who is an unrecorded lienholder entitled to
possess the vehicle under the terms of a chattel mortgage; or
(E) who is a lienholder, holds an affidavit of
repossession, and is entitled to repossess the vehicle.
(8) "Vehicle storage facility" means a garage, parking
lot, or other facility that is:
(A) owned by a person other than a governmental
entity; and
(B) used to store [or park] at least 10 vehicles
each year.
SECTION 1.02. Section 2303.003(a), Occupations Code, is
amended to read as follows:
(a) This chapter does not apply to:
(1) a vehicle stored [or parked] at a vehicle storage
facility with the consent of the owner of the vehicle; or
(2) unless the vehicle was towed from an incident
management scene, a vehicle stored at a vehicle storage facility as
a result of a consent tow, as defined by Section 2308.002.
SECTION 1.03. Subchapter A, Chapter 2303, Occupations Code,
is amended by adding Section 2303.004 to read as follows:
Sec. 2303.004. GOVERNMENTAL CONTRACT CONTROLS. Unless
specifically provided otherwise, this chapter does not control over
a contract with a governmental entity to provide services for
incident management towing, as defined by Section 2308.002.
SECTION 1.04. Section 2303.051, Occupations Code, is
amended to read as follows:
Sec. 2303.051. GENERAL POWERS AND DUTIES [RULEMAKING:
LICENSE REQUIREMENTS]. The executive director or commission, as
appropriate, may take action necessary to administer and enforce
[shall adopt rules that:
[(1) establish the requirements for a person to be
licensed to operate a vehicle storage facility to ensure that the
facility maintains adequate standards for the care of stored
vehicles;
[(2) relate to the administrative sanctions that may
be imposed on a person licensed under this chapter;
[(3) govern the administration of] this chapter.
SECTION 1.05. Subchapter B, Chapter 2303, Occupations Code,
is amended by adding Section 2303.0511 to read as follows:
Sec. 2303.0511. RULES; DENIAL OF CERTAIN APPLICATIONS;
STANDARDS OF CONDUCT. (a) The commission shall adopt rules for the
licensing of a person to operate a vehicle storage facility.
(b) The commission shall adopt rules for the denial of a
license application if the applicant, a partner, principal,
officer, or general manager of the applicant, or another potential
license holder of the license for which the application is made has:
(1) before the date of the application, been convicted
of or has pleaded guilty or nolo contendere to:
(A) a felony; or
(B) a misdemeanor punishable by confinement in
jail or by a fine in an amount that exceeds $500;
(2) violated an order of the commission or executive
director, including an order for sanctions or administrative
penalties;
(3) failed to submit a license fee or permit bond in an
amount established by the commission; or
(4) knowingly submitted false or incomplete
information on the application.
(c) The commission by rule shall adopt standards of conduct
for license holders under this chapter.
SECTION 1.06. The heading to Section 2303.053, Occupations
Code, is amended to read as follows:
Sec. 2303.053. RULES REGARDING PAYMENT OF FEE TO
DEPARTMENT.
SECTION 1.07. Section 2303.053(a), Occupations Code, is
amended to read as follows:
(a) The commission may adopt rules regarding the method of
payment of a fee to the department under this chapter.
SECTION 1.08. The heading to Section 2303.056, Occupations
Code, is amended to read as follows:
Sec. 2303.056. PERIODIC [AND RISK-BASED] INSPECTIONS.
SECTION 1.09. Section 2303.058, Occupations Code, is
amended to read as follows:
Sec. 2303.058. ADVISORY BOARD. The Towing and [,]
Storage[, and Booting] Advisory Board under Chapter 2308 shall
advise the commission in adopting vehicle storage rules under this
chapter.
SECTION 1.10. Section 2303.103, Occupations Code, is
amended to read as follows:
Sec. 2303.103. ELIGIBILITY. The department shall approve
an application submitted as provided by Section 2303.102 unless
[the department determines that:
[(1) the applicant knowingly supplied false or
incomplete information on the application;
[(2) in the three years preceding the date of
application, the applicant, a partner, principal, or officer of the
applicant, or the general manager of the applicant, was convicted
of:
[(A) a felony; or
[(B) a misdemeanor punishable by confinement in
jail or by a fine exceeding $500; or
[(3)] the vehicle storage facility for which the
license is sought does not meet the standards for storage
facilities established by commission rules.
SECTION 1.11. Section 2303.104(b), Occupations Code, is
amended to read as follows:
(b) The notice must state the reason for the department's
decision and that the applicant is entitled to a hearing before the
State Office of Administrative Hearings under Section 51.354
[department under Subchapter E].
SECTION 1.12. Sections 2303.151(a), (d), and (e),
Occupations Code, are amended to read as follows:
(a) The operator of a vehicle storage facility who receives
a vehicle that is registered in this state and that is towed to the
facility for storage shall send a written notice to the registered
owner and each [the primary] lienholder of the vehicle not later
than the fifth day after the date but not earlier than 24 hours
after the date the operator receives the vehicle. If the operator
of a vehicle storage facility sends the notice outside of the time
period described by this subsection or Subsection (b), the ability
of the operator to seek foreclosure of a lien on the vehicle for
storage charges is not affected.
(d) A notice under this section must:
(1) be correctly addressed;
(2) be sent with [carry] sufficient postage attached
or paid; and
(3) be sent:
(A) by certified mail, return receipt requested;
or
(B) by electronic certified mail, electronic
return receipt with electronic delivery confirmation requested.
(e) A notice under this section is considered to have been:
(1) given on:
(A) the date indicated on the postmark; or
(B) the electronic filing date acknowledged by an
electronic audit trail by the United States Postal Service or its
agent; and
(2) [to be] timely filed if:
(A) [(1)] the postmark or electronic filing date
indicates that the notice was mailed within the period described by
Subsection (a) or (b), as applicable; or
(B) [(2)] the notice was published as provided by
Section 2303.152.
SECTION 1.13. Section 2303.1511(a), Occupations Code, is
amended to read as follows:
(a) A vehicle storage facility accepting a vehicle that is
towed under Chapter 2308 [this chapter] shall, within two hours
after receiving the vehicle, report to the local law enforcement
agency with jurisdiction over the area from which the vehicle was
towed:
(1) a general description of the vehicle;
(2) the state and number of the vehicle's license
plate, if any;
(3) the vehicle identification number of the vehicle,
if it can be ascertained;
(4) the location from which the vehicle was towed; and
(5) the name and location of the vehicle storage
facility where the vehicle is being stored.
SECTION 1.14. Sections 2303.152(a), (b), and (e),
Occupations Code, are amended to read as follows:
(a) Notice to the registered owner and each recorded [the
primary] lienholder of a vehicle towed to a vehicle storage
facility may be provided by publication in a newspaper of general
circulation in the county in which the vehicle is stored if:
(1) the vehicle is registered in another state;
(2) the operator of the storage facility submits to
the governmental entity with which the vehicle is registered a
written request, including an electronic request, for information
relating to the identity of the registered owner and each recorded
[any] lienholder [of record];
(3) the identity of the registered owner cannot be
determined;
(4) the registration does not contain an address for
the registered owner; or
(5) the operator of the storage facility cannot
reasonably determine the identity and address of each recorded
lienholder.
(b) The written or electronic request must:
(1) be correctly addressed;
(2) be sent with [carry] sufficient postage attached
or paid; and
(3) be sent:
(A) by certified mail, return receipt requested;
or
(B) by electronic certified mail, electronic
return receipt with electronic delivery confirmation requested.
(e) Notice to the registered owner and each recorded [the
primary] lienholder of a vehicle towed to a vehicle storage
facility may be provided by publication in a newspaper of general
circulation in the county in which the vehicle is stored if:
(1) the vehicle does not display a license plate or a
vehicle inspection certificate indicating the state of
registration;
(2) the identity of the registered owner cannot
reasonably be determined by the operator of the storage facility;
or
(3) the operator of the storage facility cannot
reasonably determine the identity and address of each recorded
lienholder.
SECTION 1.15. Section 2303.154, Occupations Code, is
amended to read as follows:
Sec. 2303.154. SECOND NOTICE; CONSENT TO SALE. (a) [If a
vehicle is not claimed by a person permitted to claim the vehicle or
a law enforcement agency has not taken an action in response to a
notice under Section 683.031(c), Transportation Code, before the
15th day after the date notice is mailed or published under Section
2303.151 or 2303.152, the operator of the vehicle storage facility
shall send a second notice to the registered owner and the primary
lienholder of the vehicle.
[(a-1)] If a vehicle is not claimed by a person permitted to
claim the vehicle before the 10th day after the date notice is
mailed or published under Section 2303.151 or 2303.152, the
operator of the vehicle storage facility shall consider the vehicle
to be abandoned and, if required by the law enforcement agency with
jurisdiction where the vehicle is located, report the [send notice
of] abandonment to the [a] law enforcement agency. If the law
enforcement agency notifies the vehicle storage facility that the
agency will send notices and dispose of abandoned vehicles under
Subchapter B, Chapter 683, Transportation Code, the vehicle storage
facility shall pay the fee required under Section 683.031,
Transportation Code.
(b) Not earlier than the 15th day after the date notice is
mailed or published under Section 2303.151 or 2303.152, the
operator of a vehicle storage facility shall send a second notice to
the registered owner and each recorded lienholder of the vehicle if
the facility:
(1) was not required to make a report under Subsection
(a); or
(2) has made a required report under Subsection (a)
and the law enforcement agency:
(A) has notified the facility that the law
enforcement agency will not take custody of the vehicle;
(B) has not taken custody of the vehicle; or
(C) has not responded to the report.
(c) Notice under this section must be sent by certified
mail, return receipt requested, or electronic certified mail,
electronic return receipt with electronic delivery confirmation
requested, and include:
(1) the information listed in Section 2303.153(a);
(2) a statement of the right of the facility to dispose
of the vehicle under Section 2303.157; and
(3) a statement that the failure of the owner or
lienholder to claim the vehicle before the 30th day after the date
the notice is provided is:
(A) a waiver by that person of all right, title,
or interest in the vehicle; and
(B) a consent to the sale of the vehicle at a
public sale.
(d) [(c)] Notwithstanding Subsection (c) [(b)], if
publication is required for notice under this section, the notice
must include:
(1) the information listed in Section 2303.153(b); and
(2) a statement that the failure of the owner or
lienholder to claim the vehicle before the date of sale is:
(A) a waiver of all right, title, and interest in
the vehicle; and
(B) a consent to the sale of the vehicle at a
public sale.
SECTION 1.16. Sections 2303.1545(b) and (c), Occupations
Code, are amended to read as follows:
(b) The facility shall, if required by the agency, [may:
[(1) notify the department that notices under Chapter
683, Transportation Code, have been provided and shall pay a fee of
$10 to the department; or
[(2) in the alternative,] notify the appropriate law
enforcement agency and pay a fee of $10 to that agency.
(c) A law enforcement agency described by Subsection (b)
[(b)(2)] may sign a document issued by the department.
SECTION 1.17. Section 2303.155, Occupations Code, is
amended by amending Subsections (a), (b), and (c) and adding
Subsection (h) to read as follows:
(a) For the purposes of this section, "governmental vehicle
storage facility" means a garage, parking lot, or other facility
that is:
(1) [(A)] owned by a governmental entity; and
(2) [(B)] used to store or park at least 10 vehicles
each year.
(b) The operator of a vehicle storage facility or
governmental vehicle storage facility may charge the owner of a
vehicle stored or parked at the facility:
(1) a notification fee set in a reasonable amount for
providing notice under this subchapter, including notice under
Section 2303.154(d) [2303.154(c)];
(2) an impoundment fee of $20, subject to Subsection
(h), for any action that:
(A) is taken by or at the direction of the owner
or operator of the facility; and
(B) is necessary to preserve, protect, or service
a vehicle stored or parked at the facility;
(3) a daily storage fee, subject to Subsection (h),
of:
(A) not less than $5 and not more than $20 for
each day or part of a day the vehicle is stored at the facility if
the vehicle is not longer than 25 feet; or
(B) $35 for each day or part of a day the vehicle
is stored at the facility if the vehicle is longer than 25 feet; and
(4) any fee that is required to be submitted to a law
enforcement agency, the agency's authorized agent, or a
governmental entity[; and
[(5) a fee in an amount set by the commission for the
remediation, recovery, or capture of an environmental or biological
hazard].
(c) Subject to Subsection (h), a [A] notification fee under
Subsection (b) may not exceed $50, except that if notice by
publication is required by this chapter and the cost of publication
exceeds 50 percent of the notification fee, the vehicle storage
facility may recover the additional amount of the cost of
publication from the vehicle owner or agent.
(h) Not later than September 1 of each even-numbered year,
the commission shall review and by rule adjust as necessary as
determined by the review the amount that a vehicle storage facility
operator may charge the owner or operator of a vehicle stored at the
facility:
(1) as a notification fee under Subsection (b)(1);
(2) as an impoundment fee under Subsection (b)(2); and
(3) as a daily storage fee under Subsection (b)(3).
SECTION 1.18. Section 2303.1551, Occupations Code, is
amended to read as follows:
Sec. 2303.1551. REQUIRED POSTING OR DISPLAY. (a) All
storage fees shall be posted or electronically displayed at the
licensed vehicle storage facility [to which the motor vehicle has
been delivered and shall be posted] in view of a [the] person
claiming a [who claims the] vehicle.
(b) A vehicle storage facility accepting a nonconsent towed
vehicle shall post a sign that complies with commission rules and
states [in one inch letters stating] "Nonconsent tow fees schedules
available on request." The vehicle storage facility shall provide
a copy of a nonconsent towing fees schedule on request. The
commission shall adopt rules for signs required under this
subsection.
SECTION 1.19. Section 2303.157, Occupations Code, is
amended by amending Subsections (a) and (b) and adding Subsections
(a-1) and (b-1) to read as follows:
(a) The operator of a vehicle storage facility may dispose
of a vehicle for which the second notice is given under Section
2303.154(b) or (d) [2303.154] if, before the 30th day after the date
notice is mailed or published, the vehicle is not:
(1) claimed by a person entitled to claim the vehicle;
or
(2) taken into custody by a law enforcement agency
under Chapter 683, Transportation Code.
(a-1) If the vehicle is not claimed by a person entitled to
claim the vehicle within the period described by Subsection (a),
the owner or any lienholder:
(1) waives all rights and interests in the vehicle;
and
(2) consents to the sale of the vehicle at a public
sale.
(b) An operator entitled to dispose of a vehicle under this
section may sell the vehicle at a public sale without obtaining a
release or discharge of any lien on the vehicle, regardless of
whether notice was provided by mail or by publication under this
chapter. The proceeds from the sale of the vehicle shall be applied
to the charges incurred for the vehicle under Section 2303.155, any
fee authorized under Section 2308.2065, and the cost of the public
sale. The operator shall pay any excess proceeds to the person
entitled to those proceeds.
(b-1) The purchaser of an abandoned vehicle under this
section:
(1) takes title to the vehicle free and clear of all
liens and claims of ownership;
(2) shall receive an auction sales receipt from the
vehicle storage facility; and
(3) is entitled to register the vehicle and receive a
certificate of title under Chapter 501, Transportation Code, or
Chapter 31, Parks and Wildlife Code, as applicable.
SECTION 1.20. Sections 2303.159(a) and (a-1), Occupations
Code, are amended to read as follows:
(a) The operator of a vehicle storage facility shall accept
each of the following forms of payment for any charge associated
with delivery or storage of a vehicle:
(1) cash;
(2) debit card; and
(3) credit card, if the credit card is issued by:
(A) a financial institution chartered by a state
or the federal government; or
(B) a nationally recognized credit organization
approved by the department.
(a-1) The operator of a vehicle storage facility shall
conspicuously post or electronically display a sign that states:
"This vehicle storage facility must accept payment by cash, credit
card, and debit card for any fee or charge associated with delivery
or storage of a vehicle." The operator of a vehicle storage
facility may not refuse to release a vehicle based on the inability
of the facility to accept payment by debit card or credit card of a
fee or charge associated with delivery or storage of the vehicle
unless the operator, through no fault of the operator, is unable to
accept the debit card or credit card because of a power outage or a
machine malfunction.
SECTION 1.21. The heading to Section 2303.160, Occupations
Code, is amended to read as follows:
Sec. 2303.160. RELEASE OF VEHICLE TO VEHICLE OWNER OR
OPERATOR [VEHICLES].
SECTION 1.22. Sections 2303.160(b) and (c), Occupations
Code, are amended to read as follows:
(b) A vehicle storage facility shall release a vehicle to an
owner of the vehicle if the owner:
(1) presents:
(A) valid photo identification issued by this
state, another state, a federal agency, or a foreign government;
and
(B) proof of ownership or right of possession or
control of vehicle, including [must accept] evidence of financial
responsibility[, as] required by Section 601.051, Transportation
Code; and
(2) pays the fees and charges for services regulated
under this chapter and Chapter 2308, including charges for an
incident management tow, as defined by Section 2308.002 [, as an
additional form of identification that establishes ownership or
right of possession or control of the vehicle].
(c) A [Subsection (b) does not require a] vehicle storage
facility may require other documentation as required by a municipal
ordinance, law enforcement agency, or governmental agency under
which the tow was authorized [to release a vehicle to the owner or
operator of the vehicle if the owner or operator of the vehicle does
not:
[(1) pay the charges for services regulated under this
chapter or Chapter 2308, including charges for an incident
management tow, as defined by Section 2308.002; and
[(2) present valid photo identification issued by this
state, another state, a federal agency, or a foreign government].
SECTION 1.23. Subchapter D, Chapter 2303, Occupations Code,
is amended by adding Section 2303.1601 to read as follows:
Sec. 2303.1601. ACCEPTANCE OF VEHICLES FROM AND RELEASE OF
VEHICLES TO LICENSED TOWING OPERATORS. (a) A vehicle storage
facility may accept towed vehicles only from licensed towing
operators.
(b) A vehicle storage facility is required to release a
vehicle to a towing operator only if:
(1) the towing operator is licensed under Chapter
2308; and
(2) the release occurs between 8 a.m. and 6 p.m. on a
weekday.
SECTION 1.24. Chapter 2303, Occupations Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. RIGHTS OF OWNERS AND OPERATORS OF STORED VEHICLES
Sec. 2303.201. NOTICE TO VEHICLE OWNER OR OPERATOR. (a) At
the time an owner or operator of a vehicle pays the costs of the
vehicle's towing, storage, and recovery, the vehicle storage
facility that received the payment shall, unless a hearing
regarding the vehicle's storage and towing has been held under
Subchapter J, Chapter 2308, give the owner or operator written
notice of the person's rights under this chapter and Chapter 2308.
(b) The operator of a vehicle storage facility that sends a
notice under Subchapter D shall include with that notice a notice of
the person's rights under this chapter and Chapter 2308.
(c) A vehicle storage facility that fails to furnish to the
owner or operator of the vehicle at the time of payment the name,
address, and telephone number of the parking facility owner or law
enforcement agency that authorized the towing of the vehicle is
liable for the costs of the vehicle's storage if the court, after a
hearing, does not find probable cause for the towing and storage of
the vehicle.
Sec. 2303.202. CONTENTS OF NOTICE. The notice under
Section 2303.201 must include:
(1) a statement of:
(A) the vehicle owner's right to submit a request
within 14 days for a court hearing to determine whether probable
cause existed to tow the vehicle;
(B) the information that a request for a hearing
must contain;
(C) the amount of any filing fee for the hearing;
and
(D) the vehicle owner's right to request a
hearing in any justice court in the county from which the vehicle
was towed;
(2) the name, address, and telephone number of the
towing company that towed the vehicle;
(3) the name, address, telephone number, and county of
the vehicle storage facility in which the vehicle is stored;
(4) the name, street address, including city, state,
and zip code, and telephone number of the person, parking facility
owner, or law enforcement agency that authorized the towing of the
vehicle; and
(5) either:
(A) the name, address, and telephone number of
each justice court in the county from which the vehicle was towed;
or
(B) the address of an Internet website maintained
by the Office of Court Administration of the Texas Judicial System
that contains the name, address, and telephone number of each
justice court in that county.
Sec. 2303.203. HEARING. A hearing referenced in a notice
given under this subchapter is governed by Subchapter J, Chapter
2308.
SECTION 1.25. Section 2303.302(a), Occupations Code, is
amended to read as follows:
(a) A person commits an offense if the person [:
[(1)] violates the licensing requirements of this
chapter [; or
[(2) employs an individual who does not hold an
appropriate license required by this chapter].
SECTION 1.26. Sections 2308.002(1), (11), (14), (15), and
(16), Occupations Code, are amended to read as follows:
(1) "Advisory board" means the Towing and [,] Storage
[, and Booting] Advisory Board.
(11) "Tow truck" means a motor vehicle, including a
wrecker, equipped with a mechanical device used to tow, winch, or
otherwise move another motor vehicle. The term does not include:
(A) a motor vehicle owned and operated by a
governmental entity, including a public school district;
(B) a motor vehicle towing:
(i) a race car;
(ii) a motor vehicle for exhibition; or
(iii) an antique motor vehicle;
(C) a recreational vehicle towing another
vehicle;
(D) a motor vehicle used in combination with a
tow bar, tow dolly, or other mechanical device if the vehicle is not
operated in the furtherance of a commercial enterprise;
(E) a motor vehicle that is controlled or
operated by a farmer or rancher and used for towing a farm vehicle;
(F) a motor vehicle that:
(i) is owned or operated by an entity the
primary business of which is the rental of motor vehicles; and
(ii) only tows vehicles rented by the
entity;
(G) a truck-trailer combination that is owned or
operated by a dealer licensed under Chapter 2301 and used to
transport new vehicles during the normal course of a documented
transaction in which the dealer is a party and ownership or the
right of possession of the transported vehicle is conveyed or
transferred; or
(H) a car hauler that is:
(i) designed to transport three or more
motor vehicles at the same time; and
(ii) used solely to transport, other than in
a consent or nonconsent tow, motor vehicles as cargo in the course
of a prearranged shipping transaction or for use in mining,
drilling, or construction operations.
(14) "Vehicle" has the meaning assigned by Section
2303.002 [means a device in, on, or by which a person or property
may be transported on a public roadway. The term includes an
operable or inoperable automobile, truck, motorcycle, recreational
vehicle, or trailer but does not include a device moved by human
power or used exclusively on a stationary rail or track].
(15) "Vehicle owner" means a person:
(A) named as the purchaser or transferee in the
certificate of title issued for the vehicle under Chapter 501,
Transportation Code, or Chapter 31, Parks and Wildlife Code, as
applicable;
(B) in whose name the vehicle is titled
[registered] under Chapter 501 [502], Transportation Code, or
Chapter 31, Parks and Wildlife Code, as applicable, or a member of
the person's immediate family;
(C) who holds the vehicle through a lease
agreement;
(D) who is an unrecorded lienholder entitled to
possess the vehicle under the terms of a chattel mortgage; or
(E) who is a lienholder holding an affidavit of
repossession and entitled to repossess the vehicle.
(16) "Vehicle storage facility" has the meaning
assigned by [means a vehicle storage facility, as defined by]
Section 2303.002 [, that is operated by a person who holds a license
issued under Chapter 2303 to operate the facility].
SECTION 1.27. Subchapter A, Chapter 2308, Occupations Code,
is amended by adding Section 2308.005 to read as follows:
Sec. 2308.005. MUNICIPAL LAW OR GOVERNMENTAL CONTRACT
CONTROLS. Unless specifically provided otherwise, this chapter
does not control over a contract with a governmental entity to
provide incident management tow service.
SECTION 1.28. The heading to Subchapter B, Chapter 2308,
Occupations Code, is amended to read as follows:
SUBCHAPTER B. ADVISORY BOARD; POWERS AND DUTIES OF DEPARTMENT AND
COMMISSION
SECTION 1.29. The heading to Section 2308.051, Occupations
Code, is amended to read as follows:
Sec. 2308.051. TOWING AND [,] STORAGE [, AND BOOTING]
ADVISORY BOARD.
SECTION 1.30. Section 2308.051(a), Occupations Code, as
amended by Chapters 457 (H.B. 2548) and 845 (S.B. 2153), Acts of the
81st Legislature, Regular Session, 2009, is reenacted and amended
to read as follows:
(a) The advisory board consists of the following members
appointed by the presiding officer of the commission with the
approval of the commission:
(1) one representative of a towing company operating
in a county with a population of less than one million;
(2) one representative of a towing company operating
in a county with a population of one million or more;
(3) one representative [owner] of a vehicle storage
facility located in a county with a population of less than one
million;
(4) one representative [owner] of a vehicle storage
facility located in a county with a population of one million or
more;
(5) one parking facility representative [owner];
(6) one peace officer [law enforcement officer] from a
county with a population of less than one million;
(7) one peace officer [law enforcement officer] from a
county with a population of one million or more;
(8) one representative of a member insurer, as defined
by Section 462.004, Insurance Code, of the Texas Property and
Casualty Insurance Guaranty Association who writes [property and
casualty insurers who write] automobile insurance in this state;
and
[(9) one representative of a booting company]
(9) one person who operates both a towing company and a
vehicle storage facility [public member].
SECTION 1.31. Section 2308.057(a), Occupations Code, is
amended to read as follows:
(a) The commission shall adopt rules for permitting tow
trucks and licensing towing operators and [,] towing companies [,
booting companies, and boot operators]. The commission may adopt
different rules applicable to each type of permit or license.
SECTION 1.32. Section 2308.059, Occupations Code, is
amended to read as follows:
Sec. 2308.059. PERIODIC [AND RISK-BASED] INSPECTIONS. (a)
The department may enter and inspect at any time during business
hours:
(1) the place of business of any person regulated
under this chapter; or
(2) any place in which the department has reasonable
cause to believe that a license or permit holder is in violation of
this chapter or in violation of a rule or order of the commission or
executive director.
(b) [The department shall conduct additional inspections
based on a schedule of risk-based inspections using the following
criteria:
[(1) the type and nature of the towing company or
operator;
[(2) the inspection history;
[(3) any history of complaints involving the towing
company or operator; and
[(4) any other factor determined by the commission by
rule.
[(c) The towing company shall pay a fee for each risk-based
inspection performed under this section. The commission by rule
shall set the amount of the fee.
[(d)] In conducting an inspection under this section, the
department may inspect a vehicle, a facility, business records, or
any other place or thing reasonably required to enforce this
chapter or a rule or order adopted under this chapter.
SECTION 1.33. Subchapter B, Chapter 2308, Occupations Code,
is amended by adding Section 2308.062 to read as follows:
Sec. 2308.062. CONTINUING EDUCATION PROGRAMS. (a) The
commission by rule shall recognize, prepare, or administer
continuing education programs for license holders.
(b) A person recognized by the commission to offer a
continuing education program must:
(1) register with the department; and
(2) comply with rules adopted by the commission
relating to continuing education.
SECTION 1.34. The heading to Subchapter C, Chapter 2308,
Occupations Code, is amended to read as follows:
SUBCHAPTER C. GENERAL [TOW TRUCK] PERMIT PROVISIONS [REQUIREMENTS]
SECTION 1.35. Section 2308.101, Occupations Code, is
amended to read as follows:
Sec. 2308.101. PERMIT REQUIRED. A tow truck may not be used
for consent towing or nonconsent towing on a public roadway in this
state unless an appropriate permit has been issued for the tow truck
under this chapter [subchapter]. Each tow truck requires a
separate permit.
SECTION 1.36. Section 2308.102(a), Occupations Code, is
amended to read as follows:
(a) An applicant for a permit under this chapter
[subchapter] must submit to the department:
(1) a completed application on a form prescribed by
the executive director;
(2) evidence of insurance or financial responsibility
required under this chapter [subchapter];
(3) the required fees; and
(4) any other information required by the executive
director.
SECTION 1.37. Section 2308.106(a), Occupations Code, is
amended to read as follows:
(a) The department shall issue a permit under this chapter
[subchapter] to an applicant who meets the requirements for a
permit. The department may deny an application if the applicant has
had a permit revoked under this chapter.
SECTION 1.38. Sections 2308.108(b) and (e), Occupations
Code, are amended to read as follows:
(b) The department shall issue a cab card when the
department issues or renews a permit under this chapter
[subchapter].
(e) If the department determines that the cab card system
described by Subsections (a) through (c) is not an efficient means
of enforcing this chapter [subchapter], the commission [executive
director] by rule may adopt an alternative method that is
accessible by law enforcement personnel in the field and provides
for the enforcement of the permit requirements of this chapter
[subchapter].
SECTION 1.39. Section 2308.109(b), Occupations Code, is
amended to read as follows:
(b) The information required to be displayed must be:
(1) printed in letters and numbers that are in a size
and [at least two inches high and in a] color that comply with
commission rules [contrasts with the color of the background
surface]; and
(2) permanently affixed in conspicuous places on both
sides of the tow truck.
SECTION 1.40. Sections 2308.110(a) and (c), Occupations
Code, are amended to read as follows:
(a) A permit holder shall maintain liability insurance for
each tow truck according to the requirements under this chapter
[subchapter].
(c) An applicant or permit holder must file with the
department evidence of insurance as required by this chapter
[subchapter].
SECTION 1.41. The heading to Subchapter D, Chapter 2308,
Occupations Code, is amended to read as follows:
SUBCHAPTER D. GENERAL LICENSE PROVISIONS [REQUIREMENTS]
SECTION 1.42. Section 2308.151, Occupations Code, is
amended to read as follows:
Sec. 2308.151. LICENSE REQUIRED. Unless the person holds
an appropriate license under this chapter [subchapter], a person
may not:
(1) perform towing operations; or
(2) operate a towing company [;
[(3) perform booting operations; or
[(4) operate a booting company].
SECTION 1.43. Section 2308.152, Occupations Code, is
amended to read as follows:
Sec. 2308.152. GENERAL LICENSE APPLICATION REQUIREMENTS.
An applicant for a license under this chapter [subchapter] must
submit to the department:
(1) a completed application on a form prescribed by
the executive director;
(2) the required fees; and
(3) any other information required by commission rule.
SECTION 1.44. Section 2308.156, Occupations Code, is
amended to read as follows:
Sec. 2308.156. NONTRANSFERABILITY OF LICENSE. (a) A
license issued by the executive director is valid throughout this
state and is not transferable.
(b) Notwithstanding Subsection (a), if the holder of a
towing company license issued under this chapter dies or is
disabled, the commission may transfer the license to a member of the
license holder's family in accordance with commission rule.
SECTION 1.45. Section 2308.158, Occupations Code, is
amended to read as follows:
Sec. 2308.158. ALCOHOL AND DRUG TESTING OF TOWING
OPERATORS. (a) A towing company shall establish an alcohol and
drug testing policy for towing operators. A towing company that
establishes an alcohol and drug testing policy under this
subsection may adopt:
(1) the model alcohol and drug testing policy adopted
by the commission;
(2) [or may use] another alcohol and drug testing
policy that the department determines is at least as stringent as
the policy adopted by the commission; or
(3) the alcohol and drug testing policy prescribed by
49 C.F.R. Part 40.
(b) The commission by rule shall adopt a model alcohol and
drug testing policy for use by a towing company. The model alcohol
and drug testing policy must be designed to ensure the safety of the
public through appropriate alcohol and drug testing and to protect
the rights of employees. The model alcohol and drug testing policy
must [:
[(1) require at least one scheduled drug test each
year for each towing operator; and
[(2)] authorize random, unannounced alcohol and drug
testing for towing operators.
SECTION 1.46. Section 2308.159(a), Occupations Code, is
amended to read as follows:
(a) A license issued under this chapter [subchapter] is
valid for one year. The department may adopt a system under which
licenses expire at different times during the year.
SECTION 1.47. Chapter 2308, Occupations Code, is amended by
adding Subchapters D-1, D-2, and D-3 to read as follows:
SUBCHAPTER D-1. INCIDENT MANAGEMENT TOWING
Sec. 2308.161. REQUIREMENTS FOR INCIDENT MANAGEMENT TOWING
PERMIT. (a) An incident management towing permit is required for a
tow truck used to perform any nonconsent tow initiated by a peace
officer, including a tow authorized under Section 545.3051,
Transportation Code.
(b) To be eligible for an incident management towing permit,
an applicant must submit evidence that:
(1) the tow truck to be permitted is equipped to tow
light-duty or heavy-duty vehicles according to the manufacturer's
towing guidelines;
(2) the applicant maintains at least $500,000 of
liability insurance coverage for the tow truck; and
(3) the applicant maintains at least $50,000 of cargo
insurance coverage for the tow truck.
(c) A tow truck permitted under this section may also be
used for private property towing and consent towing.
(d) When a tow truck is used for a nonconsent tow initiated
by a peace officer under Section 545.3051, Transportation Code, the
permit holder is an agent of law enforcement and is subject to
Section 545.3051(e), Transportation Code.
Sec. 2308.162. INCIDENT MANAGEMENT TOWING OPERATOR'S
LICENSE. (a) An incident management towing operator's license is
required to operate a tow truck permitted under Section 2308.161.
(b) An applicant for an incident management towing
operator's license must:
(1) hold a valid driver's license issued by a state in
the United States; and
(2) be certified by a program approved by the
department.
SUBCHAPTER D-2. PRIVATE PROPERTY TOWING
Sec. 2308.171. REQUIREMENTS FOR PRIVATE PROPERTY TOWING
PERMIT. (a) A private property towing permit is required for a tow
truck used to perform a nonconsent tow authorized by a parking
facility owner under this chapter.
(b) To be eligible for a private property towing permit, an
applicant must submit evidence that:
(1) the tow truck to be permitted is equipped to tow
light-duty or heavy-duty vehicles according to the manufacturer's
towing guidelines;
(2) the applicant maintains at least $300,000 of
liability insurance coverage for the tow truck; and
(3) the applicant maintains at least $50,000 of cargo
insurance coverage for the tow truck.
(c) A tow truck permitted under this section may also be
used for consent towing. A tow truck permitted under this section
may not be used for incident management towing.
Sec. 2308.172. PRIVATE PROPERTY TOWING OPERATOR'S LICENSE.
(a) A private property towing operator's license is required to
operate a tow truck permitted under Section 2308.171.
(b) An applicant for a private property towing operator's
license must:
(1) hold a valid driver's license issued by a state in
the United States; and
(2) be certified by a program approved by the
department.
SUBCHAPTER D-3. CONSENT TOWING
Sec. 2308.181. REQUIREMENTS FOR CONSENT TOWING PERMIT. (a)
A consent towing permit is required for a tow truck used to perform
a consent tow authorized by the vehicle owner.
(b) To be eligible for a consent towing permit, an applicant
must submit evidence that:
(1) the tow truck to be permitted is equipped to tow
light-duty or heavy-duty vehicles according to the manufacturer's
towing guidelines; and
(2) the applicant maintains at least $300,000 of
liability insurance coverage for the tow truck.
(c) A tow truck permitted under this section may not be used
for nonconsent towing, including incident management towing and
private property towing.
Sec. 2308.182. CONSENT TOWING OPERATOR'S LICENSE. (a) A
consent towing operator's license is required to operate a tow
truck permitted under Section 2308.181.
(b) An applicant for a consent towing operator's license
must hold a valid driver's license issued by a state in the United
States.
SECTION 1.48. Sections 2308.2065(a) and (b), Occupations
Code, are amended to read as follows:
(a) A license or permit holder may not charge a fee for a
nonconsent tow that is greater than:
(1) the fee for a private property [nonconsent] tow
established under Section 2308.0575; or
(2) a fee for an incident management or private
property [a nonconsent] tow authorized by a political subdivision.
(b) A license or permit holder may not charge a fee for a
service related to a nonconsent tow that is not included in the list
of fees established:
(1) for a private property tow under Section
2308.0575; or
(2) by a political subdivision.
SECTION 1.49. Section 2308.2085, Occupations Code, is
amended to read as follows:
Sec. 2308.2085. LOCAL AUTHORITY REGULATION OF [MUNICIPAL
ORDINANCE REGULATING] BOOTING ACTIVITIES [COMPANIES AND
OPERATORS]. (a) A local authority [municipality] may regulate, in
areas in which the entity regulates parking or traffic, [adopt an
ordinance that is identical to the] booting activities, including:
(1) operation of booting companies and operators that
operate on a parking facility;
(2) any permit and sign requirements in connection
with the booting of a vehicle; and
(3) [provisions in this chapter or that imposes
additional requirements that exceed the minimum standards of the
booting provisions in this chapter but may not adopt an ordinance
that conflicts with the booting provisions in this chapter.
[(b) A municipality may regulate the] fees that may be
charged in connection with the booting of a vehicle [, including
associated parking fees].
(b) Regulations adopted under this section must:
(1) incorporate the requirements of Sections 2308.257
and 2308.258;
(2) include procedures for vehicle owners and
operators to file a complaint with the local authority regarding a
booting company or operator;
(3) provide for the imposition of a penalty on a
booting company or operator for a violation of Section 2308.258;
and
(4) provide for the revocation of any permit, license,
or other authority of a booting company or operator to boot vehicles
if the company or operator violates Section 2308.258 more than
twice in a five-year period [(c) A municipality may require booting
companies to obtain a permit to operate in the municipality].
SECTION 1.50. Section 2308.254, Occupations Code, is
amended to read as follows:
Sec. 2308.254. LIMITATION ON PARKING FACILITY OWNER'S
AUTHORITY TO TOW [REMOVE] UNAUTHORIZED VEHICLE. A parking facility
owner may not have an unauthorized vehicle towed [removed] from the
facility except:
(1) as provided by this chapter or a municipal
ordinance that complies with Section 2308.208; or
(2) under the direction of a peace officer or the owner
or operator of the vehicle.
SECTION 1.51. Section 2308.255, Occupations Code, is
transferred to Subchapter I, Chapter 2308, Occupations Code,
redesignated as Section 2308.4011, Occupations Code, and amended to
read as follows:
Sec. 2308.4011 [2308.255]. TOWING COMPANY'S [OR BOOT
OPERATOR'S] AUTHORITY TO TOW [REMOVE AND STORE OR BOOT]
UNAUTHORIZED VEHICLE FROM PARKING FACILITY. (a) A towing company
that is insured as provided by Subsection (c) may, without the
consent of an owner or operator of an unauthorized vehicle, tow
[remove and store] the vehicle to [at] a vehicle storage facility at
the expense of the owner or operator of the vehicle if:
(1) the towing company has received written
verification from the parking facility owner that:
(A) the parking facility owner has installed the
signs required by Section 2308.252(a)(1); or
(B) the owner or operator received notice under
Section 2308.252(a)(2) or the parking facility owner gave notice
complying with Section 2308.252(a)(3); or
(2) on request the parking facility owner provides to
the owner or operator of the vehicle information on the name of the
towing company and vehicle storage facility that will be used to tow
[remove] and store the vehicle and the vehicle is:
(A) left in violation of Section 2308.251;
(B) in or obstructing a portion of a paved
driveway; or
(C) on a public roadway used for entering or
exiting the facility and the removal is approved by a peace officer.
(b) A towing company may not tow [remove] an unauthorized
vehicle except under:
(1) this chapter;
(2) a municipal ordinance that complies with Section
2308.208; or
(3) the direction of a peace officer or the owner or
operator of the vehicle.
(c) Only a towing company that is insured against liability
for property damage incurred in towing a vehicle may tow [remove and
store] an unauthorized vehicle under this section.
(d) A towing company may tow [remove and store] a vehicle to
a licensed storage facility under Subsection (a) [and a boot
operator may boot a vehicle under Section 2308.257] only if the
parking facility owner:
(1) requests that the towing company tow [remove and
store or that the boot operator boot] the specific vehicle; or
(2) has a standing written agreement with the towing
company [or boot operator] to enforce parking restrictions in the
parking facility.
SECTION 1.52. Subchapter F, Chapter 2308, Occupations Code,
is amended by adding Section 2308.258 to read as follows:
Sec. 2308.258. BOOT REMOVAL. (a) A booting company
responsible for the installation of a boot on a vehicle shall remove
the boot not later than one hour after the time the owner or
operator of the vehicle contacts the company to request removal of
the boot.
(b) A booting company shall waive the amount of the fee for
removal of a boot, excluding any associated parking fees, if the
company fails to have the boot removed within the time prescribed by
Subsection (a).
SECTION 1.53. Section 2308.302, Occupations Code, is
amended by adding Subsection (b-1) and amending Subsections (c),
(d), and (e) to read as follows:
(b-1) Any portion of the sign that is not described by
Subsection (b) must be red or white with any lettering contrasting
with the background.
(c) The portion of the sign immediately below the
international towing symbol must, [:
[(1)] in lettering at least two inches in height,
contain the words, as applicable:
(1) [(A)] "Towing and Booting Enforced"; or
(2) [(B)] "Towing Enforced"[; or
[(C) "Booting Enforced"; and
[(2) consist of white letters on a bright red
background].
(d) Except as provided by Subsection (e), the next lower
portion of the sign must contain the remaining information required
by Section 2308.301(b) displayed in [bright red] letters at least
one inch in height [on a white background].
(e) The bottommost portion of the sign must contain the
telephone numbers required by Section 2308.301(b), in lettering at
least one inch in height and may, if the facility owner chooses or
if an applicable municipal ordinance requires, include the name and
address of the storage facility to which an unauthorized vehicle
will be towed [removed. The lettering on this portion of the sign
must consist of white letters on a bright red background].
SECTION 1.54. Section 2308.304, Occupations Code, is
amended to read as follows:
Sec. 2308.304. DESIGNATION OF RESTRICTED PARKING SPACES ON
OTHERWISE UNRESTRICTED PARKING FACILITY. A parking facility owner
may designate one or more spaces as restricted parking spaces on a
portion of an otherwise unrestricted parking facility. Instead of
installing a sign at each entrance to the parking facility as
provided by Section 2308.301(a)(2), an owner may place a sign that
prohibits unauthorized vehicles from parking in designated spaces
and that otherwise complies with Sections 2308.301 and 2308.302:
(1) at the right or left side of each entrance to a
designated area or group of parking spaces located on the
restricted portion of the parking facility; or
(2) at the end of a restricted parking space so that
the sign, the top of which must not be higher than seven feet above
the ground, is directly facing and in front of [a vehicle that is
parked in the space and the rear of which is at the entrance of] the
restricted space.
SECTION 1.55. The heading to Section 2308.353, Occupations
Code, is amended to read as follows:
Sec. 2308.353. TOWING [REMOVAL] UNDER GOVERNMENTAL
ENTITY'S AUTHORITY OF UNAUTHORIZED VEHICLE PARKED IN RIGHT-OF-WAY.
SECTION 1.56. Section 2308.353(c), Occupations Code, is
amended to read as follows:
(c) After signs have been posted under Subsection (b), the
parking facility owner may have [or] a towing company tow [may
remove] an unauthorized vehicle from the right-of-way subject to
the governmental entity's written permission given under
Subsection (a)(2).
SECTION 1.57. Section 2308.354, Occupations Code, is
transferred to Subchapter E, Chapter 2308, Occupations Code,
redesignated as Section 2308.210, Occupations Code, and amended to
read as follows:
Sec. 2308.210 [2308.354]. AUTHORITY FOR TOWING [REMOVAL]
OF VEHICLE FROM PUBLIC ROADWAY. (a) Under an ordinance of a
municipality regulating the parking of vehicles in the
municipality, to aid in the enforcement of the ordinance, an
employee designated by the municipality may be authorized to:
(1) immobilize a vehicle parked in the municipality;
and
(2) tow [remove] an immobilized vehicle from a public
roadway in the municipality.
(b) A parking facility owner or towing company may not tow
[remove] a vehicle from a public roadway except under:
(1) this chapter or a municipal ordinance that
complies with Section 2308.208; or
(2) the direction of a peace officer or the owner or
operator of the vehicle.
(c) In addition to the authority granted under Subsection
(a) and to aid in the enforcement of an ordinance regulating the
parking of vehicles, a municipality with a population of 1.9
million or more may authorize a designated employee to request the
towing [removal] of a vehicle parked illegally in an area
designated as a tow-away zone in a residential area where on-street
parking is regulated by the ordinance.
(d) Subsections (a) and (c) do not apply to a vehicle owned
by an electric, gas, water, or telecommunications utility while the
vehicle is parked for the purpose of conducting work on a facility
of the utility that is located below, above, or adjacent to the
street.
SECTION 1.58. The heading to Subchapter I, Chapter 2308,
Occupations Code, is amended to read as follows:
SUBCHAPTER I. REGULATION OF TOWING COMPANIES [, BOOTING
COMPANIES,] AND PARKING FACILITY OWNERS
SECTION 1.59. Section 2308.402, Occupations Code, is
amended to read as follows:
Sec. 2308.402. TOWING COMPANY [AND BOOTING COMPANY]
PROHIBITED FROM FINANCIAL INVOLVEMENT WITH PARKING FACILITY OWNER.
(a) A towing company [or booting company] may not directly or
indirectly give anything of value to a parking facility owner in
connection with [:
[(1)] the towing [removal] of a vehicle from a parking
facility [; or
[(2) the booting of a vehicle in a parking facility].
(b) A towing company [or booting company] may not have a
direct or indirect monetary interest in a parking facility [:
[(1)] from which the towing company for compensation
tows [removes] unauthorized vehicles [; or
[(2) in which the booting company for compensation
installs boots on unauthorized vehicles].
(c) This section does not apply to a sign required under
Section 2308.301 provided by a towing [or booting] company to a
parking facility owner.
SECTION 1.60. Section 2308.403, Occupations Code, is
amended to read as follows:
Sec. 2308.403. LIMITATION ON LIABILITY OF PARKING FACILITY
OWNER FOR TOWING [REMOVAL] OR STORAGE OF UNAUTHORIZED VEHICLE. A
parking facility owner who causes the towing [removal] of an
unauthorized vehicle is not liable for damages arising from the
towing [removal] or storage of the vehicle if the vehicle:
(1) was towed [removed] in compliance with this
chapter; and
(2) is:
(A) towed [removed] by a towing company insured
against liability for property damage incurred in towing a vehicle;
and
(B) stored by a vehicle storage facility insured
against liability for property damage incurred in storing a
vehicle.
SECTION 1.61. Section 2308.404, Occupations Code, is
amended to read as follows:
Sec. 2308.404. CIVIL LIABILITY OF TOWING COMPANY [, BOOTING
COMPANY,] OR PARKING FACILITY OWNER FOR VIOLATION OF SUBCHAPTER
[CHAPTER]. (a) A towing company [, booting company,] or parking
facility owner who violates this subchapter [chapter] is liable to
the owner or operator of the vehicle that is the subject of the
violation for:
(1) damages arising from the towing or [removal,]
storage[, or booting] of the vehicle; and
(2) towing or [,] storage[, or booting] fees paid by
the owner or operator [assessed] in connection with the vehicle's
towing or [removal,] storage[, or booting].
(b) A vehicle's owner or operator is not required to prove
negligence of a parking facility owner or[,] towing company [, or
booting company] to recover under Subsection (a).
(c) A towing company [, booting company,] or parking
facility owner who intentionally, knowingly, or recklessly
violates this subchapter [chapter] is liable to the owner or
operator of the vehicle that is the subject of the violation for
$1,000 plus three times the amount of fees paid by the owner or
operator [assessed] in connection with the vehicle's [removal,]
towing or [,] storage[, or booting].
SECTION 1.62. Section 2308.452, Occupations Code, is
amended to read as follows:
Sec. 2308.452. RIGHT OF OWNER OR OPERATOR OF VEHICLE TO
HEARING. (a) The owner or operator of a vehicle that has been towed
to [removed and placed in] a vehicle storage facility [or booted]
without the consent of the owner or operator of the vehicle is
entitled to a hearing on whether probable cause existed for the tow
[removal and placement or booting].
(b) In a hearing authorized by Subsection (a), a court may
determine only the issues described by Section 2308.458(c).
SECTION 1.63. Section 2308.453, Occupations Code, is
amended to read as follows:
Sec. 2308.453. JURISDICTION. A hearing under this chapter
shall be in any justice court in[:
[(1)] the county from which the motor vehicle was
towed [; or
[(2) for booted vehicles, the county in which the
parking facility is located].
SECTION 1.64. Sections 2308.456(a), (b), and (c),
Occupations Code, are amended to read as follows:
(a) Except as provided by Subsections (c) and (c-1), a
person entitled to a hearing under this chapter must deliver a
written request for the hearing to the court before the 14th day
after the date the vehicle was towed and stored [removed and placed]
in the vehicle storage facility [or booted], excluding Saturdays,
Sundays, and legal holidays.
(b) A request for a hearing must contain:
(1) the name, address, and telephone number of the
owner or operator of the vehicle;
(2) the location from which the vehicle was towed
[removed or in which the vehicle was booted];
(3) the date when the vehicle was towed [removed or
booted];
(4) the name, address, and telephone number of the
person or law enforcement agency that authorized the tow [removal
or booting];
(5) the name, address, and telephone number of the
vehicle storage facility in which the vehicle was stored [placed];
(6) the name, address, and telephone number of the
towing company that towed [removed] the vehicle [or of the booting
company that installed a boot on the vehicle];
(7) a copy of any receipt or notification that the
owner or operator received from the towing company [, the booting
company,] or the vehicle storage facility; and
(8) if the vehicle was towed [removed] from [or booted
in] a parking facility:
(A) one or more photographs that show the
location and text of any sign posted at the facility restricting
parking of vehicles; or
(B) a statement that no sign restricting parking
was posted at the parking facility.
(c) If notice was not given under Subchapter E, Chapter 2303
[Section 2308.454], the 14-day deadline for requesting a hearing
under Subsection (a) does not apply, and the owner or operator of
the vehicle may deliver a written request for a hearing at any time.
SECTION 1.65. Section 2308.458, Occupations Code, is
amended by amending Subsections (b), (c), and (e) and adding
Subsections (c-2), (c-3), (f), and (g) to read as follows:
(b) The court shall notify the person who requested the
hearing [for a towed vehicle], the parking facility owner or law
enforcement agency that authorized the towing [removal] of the
vehicle, the towing company, and the vehicle storage facility in
which the vehicle was stored [placed] of the date, time, and place
of the hearing in a manner provided by Rule 21a, Texas Rules of
Civil Procedure. The notice of the hearing to the towing company
and the parking facility owner or law enforcement agency that
authorized the towing [removal] of the vehicle must include a copy
of the request for hearing, including any photographs, exhibits,
schedules, or other evidence, attached to or included or filed with
the request for hearing. Notice to the law enforcement agency that
authorized the towing [removal] of the vehicle is sufficient as
notice to the political subdivision in which the law enforcement
agency is located.
(c) The only issues in a hearing regarding a towed vehicle
under this chapter, at trial in a justice court or on appeal, are:
(1) whether probable cause existed for the towing
[removal and placement] of the vehicle;
(2) whether a towing charge imposed or collected in
connection with the towing [removal or placement] of the vehicle
was [greater than the amount] authorized [by the political
subdivision] under Section 2308.2065 [2308.201 or 2308.202]; or
(3) whether a storage [towing] charge imposed or
collected in connection with the storage [removal or placement] of
the vehicle in a vehicle storage facility was authorized or was
greater than the amount authorized under Chapter 2303 [Section
2308.203; or
[(4) whether a towing charge imposed or collected in
connection with the removal or placement of the vehicle was greater
than the amount authorized under Section 2308.0575].
(c-2) In determining whether probable cause for the towing
of a vehicle existed under Subsection (c)(1), the court shall
consider the facts known to the tow operator at the time the vehicle
was towed and stored in a vehicle storage facility.
(c-3) The court shall find that probable cause for the
towing of a vehicle existed under Subsection (c)(1) if a vehicle was
towed from the parking facility of a multiunit complex, as defined
by Section 92.151, Property Code, where the vehicle was parked in
violation of the parking rules or policies of the multiunit
complex.
(e) The court may award, at trial in a justice court or on
appeal, only:
(1) court costs [and attorney's fees] to the
prevailing party;
(2) the reasonable cost of photographs submitted under
Section 2308.456(b)(8) to a vehicle owner or operator who is the
prevailing party;
(3) an amount equal to the amount by which [that] the
towing or storage charge [or booting removal charge and associated
parking fees] exceeded fees regulated by a political subdivision or
authorized by this code or by Chapter 2303; and
(4) reimbursement of fees paid for vehicle towing
and[,] storage[, or removal of a boot].
(f) In a hearing under this chapter, in a justice court or on
appeal, any issue of fact or law must be submitted to and determined
by the court.
(g) In a hearing under this chapter, on appeal, the court
may not consider an issue or claim that was not presented or award
damages or relief that was not requested in justice court.
SECTION 1.66. Subchapter J, Chapter 2308, Occupations Code,
is amended by adding Section 2308.4581 to read as follows:
Sec. 2308.4581. PAYMENT OF COST OF TOWING AND STORAGE OF
VEHICLE. (a) If after a hearing held under this chapter the court
finds that a person or law enforcement agency authorized, with
probable cause, the towing and storage of a vehicle, the person who
requested the hearing shall pay the costs of the towing and storage.
(b) If after a hearing held under this chapter the court
does not find that a person or law enforcement agency authorized,
with probable cause, the towing and storage of a vehicle, the towing
company, vehicle storage facility, parking facility owner, or law
enforcement agency that authorized the tow shall:
(1) pay the costs of the towing and storage; or
(2) reimburse the owner or operator for the cost of the
towing and storage paid by the owner or operator.
(c) If after a hearing held under this chapter, regardless
of whether the court finds that there was probable cause for the
towing and storage of a vehicle, the court finds that the amount of
a towing or storage charge collected was not authorized by Section
2308.2065 or Chapter 2303, the towing company or vehicle storage
facility as applicable shall reimburse the owner or operator of the
vehicle an amount equal to the amount of the overcharge for towing
or storage.
SECTION 1.67. Section 2308.459, Occupations Code, is
amended to read as follows:
Sec. 2308.459. APPEAL. (a) An appeal from a hearing under
this chapter is governed by the rules of procedure applicable to
civil cases in justice court, except that no appeal bond may be
required by the court.
(b) If the party requesting the hearing does not participate
in the hearing, the party waives the right to an appeal under this
section.
SECTION 1.68. Section 2308.505(a), Occupations Code, is
amended to read as follows:
(a) A person commits an offense if the person:
(1) violates an ordinance, resolution, order, rule, or
regulation of a political subdivision adopted under Section
2308.201 or[,] 2308.202[, or 2308.2085] for which the political
subdivision does not prescribe the penalty;
(2) charges or collects a fee in a political
subdivision that regulates the operation of tow trucks under
Section 2308.201 or 2308.202 [or booting under Section 2308.2085]
that is not authorized or is greater than the authorized amount of
the fee;
(3) [charges or collects a fee greater than the amount
authorized under Section 2308.204;
[(4)] charges or collects a fee in excess of the amount
authorized [filed with the department] under Section 2308.2065
[2308.206];
(4) [(5)] violates Section 2308.205; or
(5) [(6)] violates a rule of the department applicable
to a tow truck or[,] towing company[, or booting company].
SECTION 1.69. Section 503.096(a), Transportation Code, is
amended to read as follows:
(a) If a person is engaged in business as a dealer in
violation of Section 503.021, a peace officer may cause a vehicle
that is being offered for sale by the person to be towed from the
location where the vehicle is being offered for sale and stored at a
vehicle storage facility, as defined by Section 2303.002
[2308.002], Occupations Code.
SECTION 1.70. Section 683.001(2), Transportation Code, is
amended to read as follows:
(2) "Garagekeeper" means an owner or operator of a
storage facility or vehicle storage facility.
SECTION 1.71. Section 683.003, Transportation Code, is
amended by adding Subsection (c) to read as follows:
(c) To the extent of any conflict between this chapter and
Subchapters D and E, Chapter 2303, Occupations Code, those
subchapters control for a vehicle stored in a vehicle storage
facility.
ARTICLE 2. REPEALER
SECTION 2.01. The following provisions of the Occupations
Code are repealed:
(1) Sections 2303.056(c) and (d);
(2) Sections 2303.1015 and 2303.1016;
(3) Section 2303.161;
(4) Section 2308.002(7-a);
(5) Sections 2308.103, 2308.104, and 2308.105;
(6) Sections 2308.1521, 2308.153, 2308.154, 2308.155,
2308.1551, 2308.1555, and 2308.1556;
(7) Section 2308.253(g);
(8) Sections 2308.2555 and 2308.2565;
(9) Section 2308.451;
(10) Sections 2308.454 and 2308.455; and
(11) Sections 2308.458(b-2) and (c-1).
ARTICLE 3. TRANSITIONS; EFFECTIVE DATE
SECTION 3.01. (a) The changes in law made by this Act do not
affect the validity of a proceeding pending before a court or other
governmental entity on the effective date of this Act.
(b) An offense or other violation of law committed before
the effective date of this Act is governed by the law in effect when
the offense or violation was committed, and the former law is
continued in effect for that purpose. For purposes of this
subsection, an offense or violation was committed before the
effective date of this Act if any element of the offense or
violation occurred before that date.
(c) On the effective date of this Act, a license or permit
issued under former Section 2303.1015, 2303.1016, 2308.1521,
2308.1551, 2308.1555, or 2308.1556, Occupations Code, expires.
(d) Except as otherwise provided by this section, the
changes in law made by this Act applicable to the storage of a
vehicle by a vehicle storage facility under Chapter 2303,
Occupations Code, as amended by this Act, apply only to a vehicle
accepted for storage by a vehicle storage facility on or after the
effective date of this Act. A vehicle accepted for storage by a
vehicle storage facility before the effective date of this Act is
governed by the law in effect at the time the vehicle was accepted,
and the former law is continued in effect for that purpose.
(e) Except as otherwise provided by this section, the
changes in law made by this Act applicable to the towing or booting
of a vehicle under Chapter 2308, Occupations Code, as amended by
this Act, apply only to the towing or booting of a vehicle initiated
on or after the effective date of this Act. The towing or booting of
a vehicle initiated before the effective date of this Act is
governed by the law in effect at the time the towing or booting was
initiated, and the former law is continued in effect for that
purpose.
(f) Sections 2303.004 and 2308.005, Occupations Code, as
added by this Act, apply only to a conflict between Chapter 2303 or
2308, Occupations Code, and a contract that arises on or after the
effective date of this Act. A conflict that arises before the
effective date of this Act is governed by the law in effect
immediately before the effective date of this Act, and the former
law is continued in effect for that purpose.
(g) Sections 2303.157(b), Occupations Code, as amended by
this Act, and 2303.157(b-1), Occupations Code, as added by this
Act, apply only to an abandoned vehicle purchased on or after the
effective date of this Act. An abandoned vehicle purchased before
the effective date of this Act is governed by the law in effect on
the date the vehicle was purchased, and the former law is continued
in effect for that purpose.
(h) The changes in law made by this Act to Section
2308.051(a), Occupations Code, regarding the qualifications for a
member of the Towing and Storage Advisory Board do not affect the
entitlement of a member serving on the board immediately before the
effective date of this Act to continue to serve and function as a
member of the board for the remainder of the member's term. When
board vacancies occur on or after the effective date of this Act,
the presiding officer of the Texas Commission of Licensing and
Regulation shall appoint new members to the board in a manner that
reflects the changes in law made by this Act.
(i) Section 2308.156(b), Occupations Code, as added by this
Act, applies only to the transfer of a license due to the death or
disability of a license holder on or after the effective date of
this Act. The transfer of a license due to the death or disability
of a license holder before the effective date of this Act is
governed by the law in effect on the date the license holder dies or
becomes disabled, and the former law is continued in effect for that
purpose.
(j) The changes in law made by this Act to Section 2308.255,
Occupations Code, do not apply to the booting of a vehicle under a
standing written agreement between a booting company and a parking
facility owner entered into before the effective date of this Act.
The booting of a vehicle under a standing written agreement entered
into before the effective date of this Act is governed by the law as
it existed immediately before the effective date of this Act, and
that law is continued in effect for that purpose.
SECTION 3.02. This Act takes effect September 1, 2017.