Texas 2017 - 85th Regular

Texas House Bill HB2976 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		85R22075 BEE-F
2	2		By: Frullo H.B. No. 2976
3		-	Substitute the following for H.B. No. 2976:
4		-	By: Guillen C.S.H.B. No. 2976
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the towing of unauthorized or unattended vehicles on a
10	8		parking facility.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Section 2308.002(13), Occupations Code, is
13	11		amended to read as follows:
14	12		(13) "Unauthorized vehicle" means a vehicle parked,
15	13		stored, or located on a parking facility without the consent of the
16	14		parking facility owner. The term includes a vehicle parked on a
17	15		parking facility in violation of a contractual agreement or the
18	16		parking rules or policies of the parking facility.
19	17		SECTION 2. The heading to Section 2308.205, Occupations
20	18		Code, is amended to read as follows:
21	19		Sec. 2308.205. TOWING OF [STORAGE OF TOWED] VEHICLES TO
22	20		LICENSED VEHICLE STORAGE FACILITIES OR OTHER LOCATIONS ON PARKING
23	21		FACILITIES.
24	22		SECTION 3. Section 2308.205, Occupations Code, is amended
25	23		by amending Subsection (a) and adding Subsection (a-1) to read as
26	24		follows:
27	25		(a) Except as provided by Subsection (a-1), a [A] towing
28	26		company that makes a nonconsent tow shall tow the vehicle to a
29	27		vehicle storage facility that is operated by a person who holds a
30	28		license to operate the facility under Chapter 2303, unless the
31	29		towing company agrees to take the vehicle to a location designated
32	30		by the vehicle's owner.
33	31		(a-1) The commission shall adopt rules authorizing a towing
34	32		company that makes a nonconsent tow from a parking facility to tow
35	33		the vehicle to another location on the same parking facility under
36	34		the direction of:
37	35		(1) the parking facility owner;
38	36		(2) a parking facility authorized agent; or
39	37		(3) a peace officer.
40	38		SECTION 4. Sections 2308.251(a) and (c), Occupations Code,
41	39		are amended to read as follows:
42	40		(a) A person [The owner or operator of a vehicle] may not
43	41		leave unattended on a parking facility a vehicle that:
44	42		(1) is in or obstructs a vehicular traffic aisle,
45	43		entry, or exit of the parking facility;
46	44		(2) prevents a vehicle from exiting a parking space in
47	45		the facility;
48	46		(3) is in or obstructs a fire lane marked according to
49	47		Subsection (c);
50	48		(4) does not display the special license plates issued
51	49		under Section 504.201, Transportation Code, or the disabled parking
52	50		placard issued under Chapter 681, Transportation Code, for a
53	51		vehicle transporting a disabled person and is in a parking space
54	52		that is designated for the exclusive use of a vehicle transporting a
55	53		disabled person; [or]
56	54		(5) is leaking a fluid that presents a hazard or threat
57	55		to persons or property; or
58	56		(6) is parked on the parking facility in violation of a
59	57		contractual agreement or the parking rules or policies of the
60	58		parking facility.
61	59		(c) If a government regulation governing the marking of a
62	60		fire lane applies to a parking facility, a fire lane in the parking
63	61		facility must be marked as provided by the regulation. If a
64	62		government regulation on the marking of a fire lane does not apply
65	63		to the parking facility, all curbs of fire lanes must be painted red
66	64		and be conspicuously and legibly marked with the warning "FIRE
67	65		LANE--TOW AWAY ZONE" in white letters at least three inches tall, at
68	66		intervals not exceeding 50 feet.
69	67		SECTION 5. Sections 2308.253(c), (d), and (e), Occupations
70	68		Code, are amended to read as follows:
71	69		(c) A parking facility owner may not have an emergency
72	70		vehicle described by Section 2308.251(b) towed [removed] from the
73	71		parking facility.
74	72		(d) Except as provided by a contract described by Subsection
75	73		(e), a parking facility owner may not have a vehicle towed [removed]
76	74		from the parking facility merely because the vehicle does not
77	75		display an unexpired license plate or registration insignia issued
78	76		for the vehicle under Chapter 502, Transportation Code, or the
79	77		vehicle registration law of another state or country.
80	78		(e) A contract provision providing for the towing [removal]
81	79		from a parking facility of a vehicle that does not display an
82	80		unexpired license plate or registration insignia is valid only if
83	81		the provision requires the owner or operator of the vehicle to be
84	82		given at least 10 days' written notice that the vehicle will be
85	83		towed from the parking facility at the vehicle owner's or operator's
86	84		expense if it is not removed from the parking facility. The notice
87	85		must:
88	86		(1) state:
89	87		(A) that the vehicle does not display an
90	88		unexpired license plate or registration insignia;
91	89		(B) that the vehicle will be towed at the expense
92	90		of the owner or operator of the vehicle if the vehicle does not
93	91		display an unexpired license plate or registration insignia; and
94	92		(C) a telephone number that is answered 24 hours
95	93		a day to enable the owner or operator of the vehicle to locate the
96	94		vehicle; and
97	95		(2) be:
98	96		(A) [(1)] delivered in person to the owner or
99	97		operator of the vehicle; [or]
100	98		(B) [(2)] sent by certified mail, return receipt
101	99		requested, to that owner or operator; or
102	100		(C) attached:
103	101		(i) to the vehicle's front windshield;
104	102		(ii) to the vehicle's driver's side window;
105	103		or
106	104		(iii) if the vehicle has no front
107	105		windshield or driver's side window, to a conspicuous part of the
108	106		vehicle.
109	107		SECTION 6. The Texas Commission of Licensing and Regulation
110	108		shall adopt rules to implement Section 2308.205(a-1), Occupations
111	109		Code, as added by this Act, as soon as practicable after the
112	110		effective date of this Act.
113	111		SECTION 7. Section 2308.253(e), Occupations Code, as
114	112		amended by this Act, applies only to a contract, including a lease
115	113		or rental agreement, entered into on or after the effective date of
116	114		this Act. A contract entered into before that date is governed by
117	115		the law in effect on the date the contract was entered into, and the
118	116		former law is continued in effect for that purpose.
119	117		SECTION 8. This Act takes effect September 1, 2018.