Texas 2017 - 85th Regular

Texas Senate Bill SB1501 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1501
	1	+	85R26354 BEE-D
	2	+	By: Zaffirini, et al. S.B. No. 1501
	3	+	(Kuempel)
	4	+	Substitute the following for S.B. No. 1501: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to the regulation of motor vehicle towing, booting, and
6	10		storage and to the elimination of required state licensing for
7		-	vehicle booting companies and operators; creating a criminal
8		-	offense.
	11	+	vehicle booting companies and operators.
9	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10		-	SECTION 1. The heading to Section 2303.056, Occupations
11		-	Code, is amended to read as follows:
12		-	Sec. 2303.056. PERIODIC [AND RISK-BASED] INSPECTIONS.
13		-	SECTION 2. Section 2303.058, Occupations Code, is amended
	13	+	SECTION 1. Section 2303.058, Occupations Code, is amended
14	14		to read as follows:
15	15		Sec. 2303.058. ADVISORY BOARD. The Towing and[,] Storage[,
16	16		and Booting] Advisory Board under Chapter 2308 shall advise the
17	17		commission in adopting vehicle storage rules under this chapter.
18		-	SECTION 3. Section 2303.151, Occupations Code, is amended
19		-	by adding Subsections (f) and (g) to read as follows:
20		-	(f) If the operator of a vehicle storage facility sends a
21		-	notice required under this section after the time prescribed by
22		-	Subsection (a) or (b):
23		-	(1) the deadline for sending any subsequent notice is
24		-	determined based on the date notice required by this section is
25		-	actually sent;
26		-	(2) the operator may not begin to charge the daily
27		-	storage fee authorized under Section 2303.155(b)(3) for the vehicle
28		-	that is the subject of the notice until 24 hours after the operator
29		-	sends the notice required under this section; and
30		-	(3) the ability of the operator to seek foreclosure of
31		-	a lien for storage charges on the vehicle that is the subject of the
32		-	notice is not affected.
33		-	(g) Notwithstanding any other law, a state agency or county
34		-	office may not require proof of delivery of a notice sent under this
35		-	section in order to issue a title for the vehicle that is the
36		-	subject of the notice if proof is provided that the notice was
37		-	mailed in accordance with this section.
38		-	SECTION 4. Section 2303.154, Occupations Code, is amended
39		-	by amending Subsections (a) and (a-1) and adding Subsections (d),
40		-	(e), (f), and (g) to read as follows:
41		-	(a) [If a vehicle is not claimed by a person permitted to
42		-	claim the vehicle or a law enforcement agency has not taken an
43		-	action in response to a notice under Section 683.031(c),
44		-	Transportation Code, before the 15th day after the date notice is
45		-	mailed or published under Section 2303.151 or 2303.152, the
46		-	operator of the vehicle storage facility shall send a second notice
47		-	to the registered owner and the primary lienholder of the vehicle.
48		-	[(a-1)] If a vehicle is not claimed by a person permitted to
49		-	claim the vehicle before the 10th day after the date notice is
50		-	mailed or published under Section 2303.151 or 2303.152, the
51		-	operator of the vehicle storage facility shall consider the vehicle
52		-	to be abandoned and, if required by the law enforcement agency with
53		-	jurisdiction where the vehicle is located, report the [send notice
54		-	of] abandonment to the [a] law enforcement agency. If the law
55		-	enforcement agency notifies the vehicle storage facility that the
56		-	agency will send notices and dispose of the abandoned vehicle under
57		-	Subchapter B, Chapter 683, Transportation Code, the vehicle storage
58		-	facility shall pay the fee required under Section 683.031,
59		-	Transportation Code.
60		-	(d) Not earlier than the 15th day and before the 21st day
61		-	after the date notice is mailed or published under Section 2303.151
62		-	or 2303.152, the operator of a vehicle storage facility shall send a
63		-	second notice to the registered owner and each recorded lienholder
64		-	of the vehicle if the facility:
65		-	(1) was not required to make a report under Subsection
66		-	(a); or
67		-	(2) has made a required report under Subsection (a)
68		-	and the law enforcement agency:
69		-	(A) has notified the facility that the law
70		-	enforcement agency will not take custody of the vehicle;
71		-	(B) has not taken custody of the vehicle; or
72		-	(C) has not responded to the report.
73		-	(e) If the operator of a vehicle storage facility sends a
74		-	notice required under this section outside of the time described by
75		-	Subsection (d):
76		-	(1) the deadline for sending any subsequent notice is
77		-	determined based on the date notice under this section is actually
78		-	sent;
79		-	(2) the operator may not charge the daily storage fee
80		-	authorized under Section 2303.155(b)(3) for the vehicle that is the
81		-	subject of the notice during the period beginning on the 21st day
82		-	after the date that notice under Section 2303.151 is sent and ending
83		-	24 hours after notice under this section is sent; and
84		-	(3) the ability of the operator to seek foreclosure of
85		-	a lien for storage charges on the vehicle that is the subject of the
86		-	notice is not affected.
87		-	(f) Notwithstanding any other law, a state agency or county
88		-	office may not require proof of delivery of a notice sent under this
89		-	section in order to issue a title for the vehicle that is the
90		-	subject of the notice if proof is provided that the notice was
91		-	mailed in accordance with this section.
92		-	(g) A report sent under Subsection (a) may, at the
93		-	discretion of the law enforcement agency, contain a list of more
94		-	than one vehicle, watercraft, or outboard motor.
95		-	SECTION 5. Section 2303.1551(b), Occupations Code, is
96		-	amended to read as follows:
97		-	(b) A vehicle storage facility accepting a nonconsent towed
98		-	vehicle shall post a sign that complies with commission rules and
99		-	states [in one inch letters stating] "Nonconsent tow fees schedules
100		-	available on request." The vehicle storage facility shall provide
101		-	a copy of a nonconsent towing fees schedule on request. The
102		-	commission shall adopt rules for signs required under this
103		-	subsection.
104		-	SECTION 6. Section 2308.002, Occupations Code, is amended
	18	+	SECTION 2. Section 2308.002, Occupations Code, is amended
105	19		by amending Subdivisions (1) and (8-a) and adding Subdivisions
106	20		(5-b) and (8-b) to read as follows:
107	21		(1) "Advisory board" means the Towing and[,] Storage[,
108	22		and Booting] Advisory Board.
109	23		(5-b) "Local authority" means a state or local
110	24		governmental entity authorized to regulate traffic or parking and
111	25		includes:
112	26		(A) an institution of higher education; and
113	27		(B) a political subdivision, including a county,
114	28		municipality, special district, junior college district, housing
115	29		authority, or other political subdivision of this state.
116	30		(8-a) "Peace officer" means a person who is a peace
117	31		officer under Article 2.12, Code of Criminal Procedure.
118	32		(8-b) "Private property tow" means any tow of a
119	33		vehicle authorized by a parking facility owner without the consent
120	34		of the owner or operator of the vehicle.
121		-	SECTION 7. Effective September 1, 2018, Section 2308.004,
	35	+	SECTION 3. Effective September 1, 2018, Section 2308.004,
122	36		Occupations Code, is amended to read as follows:
123	37		Sec. 2308.004. EXEMPTION. Sections 2308.151(b),
124	38		2308.2085, 2308.257, and 2308.258 do [(a) This chapter does] not
125	39		apply to:
126	40		(1) a person who, while exercising a statutory or
127	41		contractual lien right with regard to a vehicle:
128	42		(A) [(1)] installs or removes a boot; or
129	43		(B) [(2)] controls, installs, or directs the
130	44		installation and removal of one or more boots; or [.]
131	45		(2) [(b) This chapter does not apply to] a commercial
132	46		office building owner or manager who installs or removes a boot in
133	47		the building's parking facility.
134		-	SECTION 8. Section 2308.051(a), Occupations Code, as
	48	+	SECTION 4. Section 2308.051(a), Occupations Code, as
135	49		amended by Chapters 457 (H.B. 2548) and 845 (S.B. 2153), Acts of the
136	50		81st Legislature, Regular Session, 2009, is reenacted and amended
137	51		to read as follows:
138	52		(a) The advisory board consists of the following members
139	53		appointed by the presiding officer of the commission with the
140	54		approval of the commission:
141	55		(1) one representative of a towing company operating
142	56		in a county with a population of less than one million;
143	57		(2) one representative of a towing company operating
144	58		in a county with a population of one million or more;
145	59		(3) one representative [owner] of a vehicle storage
146	60		facility located in a county with a population of less than one
147	61		million;
148	62		(4) one representative [owner] of a vehicle storage
149	63		facility located in a county with a population of one million or
150	64		more;
151	65		(5) one parking facility representative [owner];
152	66		(6) one peace officer [law enforcement officer] from a
153	67		county with a population of less than one million;
154	68		(7) one peace officer [law enforcement officer] from a
155	69		county with a population of one million or more;
156	70		(8) one representative of a member insurer, as defined
157	71		by Section 462.004, Insurance Code, of the Texas Property and
158	72		Casualty Insurance Guaranty Association who writes [property and
159	73		casualty insurers who write] automobile insurance in this state;
160	74		and
161	75		[(9) one representative of a booting company]
162	76		(9) one person who operates both a towing company and a
163	77		vehicle storage facility [public member].
164		-	SECTION 9. The heading to Section 2308.059, Occupations
165		-	Code, is amended to read as follows:
166		-	Sec. 2308.059. PERIODIC [AND RISK-BASED] INSPECTIONS.
167		-	SECTION 10. Effective September 1, 2018, Section 2308.151,
	78	+	SECTION 5. Effective September 1, 2018, Section 2308.151,
168	79		Occupations Code, is amended to read as follows:
169	80		Sec. 2308.151. LICENSE OR LOCAL AUTHORIZATION REQUIRED.
170	81		(a) Unless the person holds an appropriate license under this
171	82		subchapter, a person may not:
172	83		(1) perform towing operations; or
173	84		(2) operate a towing company.[;]
174	85		(b) Unless a person is prohibited by a local authority under
175	86		Section 2308.2085, a person may:
176	87		(1) [(3)] perform booting operations; and [or]
177	88		(2) [(4)] operate a booting company.
178		-	SECTION 11. The heading to Section 2308.205, Occupations
179		-	Code, is amended to read as follows:
180		-	Sec. 2308.205. TOWING OF [STORAGE OF TOWED] VEHICLES TO
181		-	LICENSED VEHICLE STORAGE FACILITIES OR OTHER LOCATIONS ON PARKING
182		-	FACILITIES.
183		-	SECTION 12. Section 2308.205, Occupations Code, is amended
184		-	by amending Subsection (a) and adding Subsection (a-1) to read as
185		-	follows:
	89	+	SECTION 6. Section 2308.205(a), Occupations Code, is
	90	+	amended to read as follows:
186	91		(a) A towing company that makes a nonconsent tow shall tow
187	92		the vehicle to a vehicle storage facility that is operated by a
188	93		person who holds a license to operate the facility under Chapter
189	94		2303, unless:
190	95		(1) the towing company agrees to take the vehicle to a
191	96		location designated by the vehicle's owner; or
192		-	(2) the vehicle is towed under:
193		-	(A) rules adopted under Subsection (a-1); or
194		-	(B) Section 2308.259(b).
195		-	(a-1) The commission shall adopt rules authorizing a towing
196		-	company that makes a nonconsent tow from a parking facility to tow
197		-	the vehicle to another location on the same parking facility under
198		-	the direction of:
199		-	(1) the parking facility owner;
200		-	(2) a parking facility authorized agent; or
201		-	(3) a peace officer.
202		-	SECTION 13. Section 2308.2085, Occupations Code, is amended
	97	+	(2) the vehicle is towed under Section 2308.259(b).
	98	+	SECTION 7. Section 2308.2085, Occupations Code, is amended
203	99		to read as follows:
204	100		Sec. 2308.2085. LOCAL AUTHORITY REGULATION OF [MUNICIPAL
205	101		ORDINANCE REGULATING] BOOTING ACTIVITIES [COMPANIES AND
206	102		OPERATORS]. (a) A local authority [municipality] may regulate, in
207	103		areas in which the entity regulates parking or traffic, [adopt an
208	104		ordinance that is identical to the] booting activities, including:
209	105		(1) operation of booting companies and operators that
210	106		operate on a parking facility;
211	107		(2) any permit and sign requirements in connection
212	108		with the booting of a vehicle; and
213	109		(3) [provisions in this chapter or that imposes
214	110		additional requirements that exceed the minimum standards of the
215	111		booting provisions in this chapter but may not adopt an ordinance
216	112		that conflicts with the booting provisions in this chapter.
217	113		[(b) A municipality may regulate the] fees that may be
218	114		charged in connection with the booting of a vehicle [, including
219	115		associated parking fees].
220	116		(b) Regulations adopted under this section must:
221	117		(1) incorporate the requirements of Sections 2308.257
222	118		and 2308.258;
223	119		(2) include procedures for vehicle owners and
224	120		operators to file a complaint with the local authority regarding a
225	121		booting company or operator; and
226	122		(3) provide for the imposition of a penalty on a
227	123		booting company or operator for a violation of Section 2308.258
228	124		[(c) A municipality may require booting companies to obtain a
229	125		permit to operate in the municipality].
230		-	SECTION 14. Subchapter E, Chapter 2308, Occupations Code,
231		-	is amended by adding Section 2308.210 to read as follows:
232		-	Sec. 2308.210. ROADWAY CLEARANCE PROGRAM IN CERTAIN
233		-	COUNTIES; OFFENSE. (a) In this section, "freeway" has the meaning
234		-	assigned by Section 541.302, Transportation Code.
235		-	(b) The commissioners court of a county adjacent to a county
236		-	with a population of more than 3.3 million by order may establish a
237		-	program:
238		-	(1) for maintaining the safe movement of traffic on
239		-	county freeways; and
240		-	(2) under which a peace officer designated by the
241		-	sheriff's office or the commissioners court is authorized to
242		-	direct, at the scene of an incident or remotely, a towing company,
243		-	only for the purpose of the program, to:
244		-	(A) remove from a freeway, including the shoulder
245		-	of a freeway, a vehicle that is impeding the safe movement of
246		-	traffic; and
247		-	(B) relocate the vehicle to the closest safe
248		-	location for the vehicle to be stored.
249		-	(c) An order under Subsection (b) must ensure the protection
250		-	of the public and the safe and efficient operation of towing and
251		-	storage services in the county.
252		-	(d) The commissioners court of a county operating a program
253		-	under this section:
254		-	(1) may enter into an agreement with a federal agency,
255		-	state agency, municipality, adjacent county, metropolitan rapid
256		-	transit authority, or regional planning organization or any other
257		-	governmental entity for the purpose of carrying out the program;
258		-	and
259		-	(2) may apply for grants and other funding to carry out
260		-	the program.
261		-	(e) A towing company or towing operator commits an offense
262		-	if the company or operator violates a provision of an order
263		-	establishing a program under this section relating to:
264		-	(1) the presence of a tow truck at the scene of an
265		-	incident on a freeway or other area under the jurisdiction of the
266		-	program; or
267		-	(2) the offering of towing or related services on a
268		-	freeway or other area under the jurisdiction of the program.
269		-	(f) An offense under Subsection (e) is a misdemeanor
270		-	punishable by a fine of not less than $1 or more than $200.
271		-	SECTION 15. Sections 2308.253(c), (d), and (e), Occupations
272		-	Code, are amended to read as follows:
273		-	(c) A parking facility owner may not have an emergency
274		-	vehicle described by Section 2308.251(b) towed [removed] from the
275		-	parking facility.
276		-	(d) Except as provided by a contract described by Subsection
277		-	(e), a parking facility owner may not have a vehicle towed [removed]
278		-	from the parking facility merely because the vehicle does not
279		-	display an unexpired license plate or registration insignia issued
280		-	for the vehicle under Chapter 502, Transportation Code, or the
281		-	vehicle registration law of another state or country.
282		-	(e) A contract provision providing for the towing [removal]
283		-	from a parking facility of a vehicle that does not display an
284		-	unexpired license plate or registration insignia is valid only if
285		-	the provision requires the owner or operator of the vehicle to be
286		-	given at least 10 days' written notice that the vehicle will be
287		-	towed from the parking facility at the vehicle owner's or operator's
288		-	expense if it is not removed from the parking facility. The notice
289		-	must:
290		-	(1) state:
291		-	(A) that the vehicle does not display an
292		-	unexpired license plate or registration insignia;
293		-	(B) that the vehicle will be towed at the expense
294		-	of the owner or operator of the vehicle if the vehicle does not
295		-	display an unexpired license plate or registration insignia; and
296		-	(C) a telephone number that is answered 24 hours
297		-	a day to enable the owner or operator of the vehicle to locate the
298		-	vehicle; and
299		-	(2) be:
300		-	(A) [(1)] delivered in person to the owner or
301		-	operator of the vehicle; [or]
302		-	(B) [(2)] sent by certified mail, return receipt
303		-	requested, to that owner or operator; or
304		-	(C) attached:
305		-	(i) to the vehicle's front windshield;
306		-	(ii) to the vehicle's driver's side window;
307		-	or
308		-	(iii) if the vehicle has no front
309		-	windshield or driver's side window, to a conspicuous part of the
310		-	vehicle.
311		-	SECTION 16. Section 2308.255, Occupations Code, is amended
	126	+	SECTION 8. Section 2308.255, Occupations Code, is amended
312	127		to read as follows:
313	128		Sec. 2308.255. TOWING COMPANY'S [OR BOOT OPERATOR'S]
314	129		AUTHORITY TO TOW [REMOVE] AND STORE [OR BOOT] UNAUTHORIZED VEHICLE.
315	130		(a) A towing company [that is insured as provided by Subsection
316	131		(c)] may, without the consent of an owner or operator of an
317	132		unauthorized vehicle, tow the vehicle to [remove] and store the
318	133		vehicle at a vehicle storage facility at the expense of the owner or
319	134		operator of the vehicle if:
320	135		(1) the towing company has received written
321	136		verification from the parking facility owner that:
322	137		(A) [the parking facility owner has installed]
323	138		the signs required by Section 2308.252(a)(1) are posted; or
324	139		(B) the owner or operator received notice under
325	140		Section 2308.252(a)(2) or the parking facility owner gave notice
326	141		complying with Section 2308.252(a)(3); or
327	142		(2) on request the parking facility owner provides to
328	143		the owner or operator of the vehicle information on the name of the
329	144		towing company and vehicle storage facility that will be used to tow
330	145		[remove] and store the vehicle and the vehicle is:
331	146		(A) left in violation of Section 2308.251;
332	147		(B) in or obstructing a portion of a paved
333	148		driveway; or
334	149		(C) on a public roadway used for entering or
335	150		exiting the facility and the tow [removal] is approved by a peace
336	151		officer.
337	152		(b) A towing company may not tow [remove] an unauthorized
338	153		vehicle except under:
339	154		(1) this chapter;
340	155		(2) a municipal ordinance that complies with Section
341	156		2308.208; or
342	157		(3) the direction of:
343	158		(A) a peace officer; or
344	159		(B) the owner or operator of the vehicle.
345	160		(c) Only a towing company that is insured against liability
346	161		for property damage incurred in towing a vehicle may tow [remove]
347	162		and store an unauthorized vehicle under this section.
348	163		(d) A towing company may tow [remove] and store a vehicle
349	164		under Subsection (a) [and a boot operator may boot a vehicle under
350	165		Section 2308.257] only if the parking facility owner:
351	166		(1) requests that the towing company tow [remove] and
352	167		store [or that the boot operator boot] the specific vehicle; or
353	168		(2) has a standing written agreement with the towing
354	169		company [or boot operator] to enforce parking restrictions in the
355	170		parking facility.
356	171		(e) When a tow truck is used for a nonconsent tow authorized
357	172		by a peace officer under Section 545.3051, Transportation Code, the
358	173		operator of the tow truck and the towing company are agents of the
359	174		law enforcement agency and are subject to Section 545.3051(e),
360	175		Transportation Code.
361		-	SECTION 17. Section 2308.257(b), Occupations Code, is
	176	+	SECTION 9. Section 2308.257(b), Occupations Code, is
362	177		amended to read as follows:
363	178		(b) A boot operator that installs a boot on a vehicle must
364	179		affix a conspicuous notice to the vehicle's front windshield or
365	180		driver's side window stating:
366	181		(1) that the vehicle has been booted and damage may
367	182		occur if the vehicle is moved;
368	183		(2) the date and time the boot was installed;
369	184		(3) the name, address, and telephone number of the
370	185		booting company;
371	186		(4) a telephone number that is answered 24 hours a day
372	187		to enable the owner or operator of the vehicle to arrange for
373	188		removal of the boot;
374	189		(5) the amount of the fee for removal of the boot and
375	190		any associated parking fees; [and]
376	191		(6) notice of the right of a vehicle owner or vehicle
377	192		operator to a hearing under Subchapter J; and
378	193		(7) in the manner prescribed by the local authority,
379	194		notice of the procedure to file a complaint with the local authority
380	195		for violation of this chapter by a boot operator.
381		-	SECTION 18. Subchapter F, Chapter 2308, Occupations Code,
	196	+	SECTION 10. Subchapter F, Chapter 2308, Occupations Code,
382	197		is amended by adding Sections 2308.258 and 2308.259 to read as
383	198		follows:
384	199		Sec. 2308.258. BOOT REMOVAL. (a) A booting company
385	200		responsible for the installation of a boot on a vehicle shall remove
386	201		the boot not later than one hour after the time the owner or
387	202		operator of the vehicle contacts the company to request removal of
388	203		the boot.
389	204		(b) A booting company shall waive the amount of the fee for
390	205		removal of a boot, excluding any associated parking fees, if the
391	206		company fails to have the boot removed within the time prescribed by
392	207		Subsection (a).
393	208		(c) A booting company responsible for the installation of
394	209		more than one boot on a vehicle may not charge a total amount for the
395	210		removal of the boots that is greater than the amount of the fee for
396	211		the removal of a single boot.
397	212		Sec. 2308.259. TOWING COMPANY'S AUTHORITY TO TOW VEHICLE
398	213		FROM UNIVERSITY PARKING FACILITY. (a) In this section:
399	214		(1) "Special event" means a university-sanctioned,
400	215		on-campus activity, including parking lot maintenance.
401	216		(2) "University" means:
402	217		(A) a public senior college or university, as
403	218		defined by Section 61.003, Education Code; or
404	219		(B) a private or independent institution of
405	220		higher education, as defined by Section 61.003, Education Code.
406	221		(b) Subject to Subsection (c), an individual designated by a
407	222		university may, to facilitate a special event, request that a
408	223		vehicle parked at a university parking facility be towed to another
409	224		location on the university campus.
410	225		(c) A vehicle may not be towed under Subsection (b) unless
411	226		signs complying with this section are installed on the parking
412	227		facility for the 72 hours preceding towing enforcement for the
413	228		special event and for 48 hours after the conclusion of the special
414	229		event.
415	230		(d) Each sign required under Subsection (c) must:
416	231		(1) contain:
417	232		(A) a statement of:
418	233		(i) the nature of the special event; and
419	234		(ii) the dates and hours of towing
420	235		enforcement; and
421	236		(B) the number, including the area code, of a
422	237		telephone that is answered 24 hours a day to identify the location
423	238		of a towed vehicle;
424	239		(2) face and be conspicuously visible to the driver of
425	240		a vehicle that enters the facility;
426	241		(3) be located:
427	242		(A) on the right or left side of each driveway or
428	243		curb-cut through which a vehicle can enter the facility, including
429	244		an entry from an alley abutting the facility; or
430	245		(B) at intervals along the entrance so that no
431	246		entrance is farther than 25 feet from a sign if:
432	247		(i) curbs, access barriers, landscaping, or
433	248		driveways do not establish definite vehicle entrances onto a
434	249		parking facility from a public roadway other than an alley; and
435	250		(ii) the width of an entrance exceeds 35
436	251		feet;
437	252		(4) be made of weather-resistant material;
438	253		(5) be at least 18 inches wide and 24 inches tall;
439	254		(6) be mounted on a pole, post, wall, or free-standing
440	255		board; and
441	256		(7) be installed so that the bottom edge of the sign is
442	257		no lower than two feet and no higher than six feet above ground
443	258		level.
444	259		(e) If a vehicle is towed under Subsection (b), personnel
445	260		must be available to:
446	261		(1) release the vehicle within two hours after a
447	262		request for release of the vehicle; and
448	263		(2) accept any payment required for the release of the
449	264		vehicle.
450	265		(f) A university may not charge a fee for a tow under
451	266		Subsection (b) that exceeds 75 percent of the private property tow
452	267		fee established under Section 2308.0575.
453	268		(g) A vehicle towed under Subsection (b) that is not claimed
454	269		by the vehicle owner or operator within 48 hours after the
455	270		conclusion of the special event may only be towed:
456	271		(1) without further expense to the vehicle owner or
457	272		operator; and
458	273		(2) to another location on the university campus.
459	274		(h) The university must notify the owner or operator of a
460	275		vehicle towed under Subsection (b) of the right of the vehicle owner
461	276		or operator to a hearing under Subchapter J.
462		-	SECTION 19. The heading to Subchapter I, Chapter 2308,
	277	+	SECTION 11. The heading to Subchapter I, Chapter 2308,
463	278		Occupations Code, is amended to read as follows:
464	279		SUBCHAPTER I. REGULATION OF TOWING COMPANIES[, BOOTING COMPANIES,]
465	280		AND PARKING FACILITY OWNERS
466		-	SECTION 20. (a) The following provisions of the
	281	+	SECTION 12. (a) The following provisions of the
467	282		Occupations Code are repealed:
468		-	(1) Sections 2303.056(c) and (d);
469		-	(2) Section 2308.002(9);
470		-	(3) Sections 2308.059(b) and (c); and
471		-	(4) Section 2308.103(d).
472		-	(b) Effective September 1, 2018, Sections 2308.1551,
473		-	2308.1555, and 2308.1556, Occupations Code, are repealed.
474		-	SECTION 21. Sections 2303.151 and 2303.154, Occupations
475		-	Code, as amended by this Act, apply only to a vehicle accepted for
476		-	storage by a vehicle storage facility on or after the effective date
477		-	of this Act. A vehicle accepted for storage by a vehicle storage
478		-	facility before the effective date of this Act is governed by the
479		-	law in effect at the time the vehicle was accepted, and the former
480		-	law is continued in effect for that purpose.
481		-	SECTION 22. (a) On September 1, 2018, a license issued
482		-	under former Section 2308.1551, 2308.1555, or 2308.1556,
483		-	Occupations Code, expires.
	283	+	(1) Section 2308.002(9); and
	284	+	(2) Section 2308.103(d).
	285	+	(b) Effective September 1, 2018, Sections 2308.1555 and
	286	+	2308.1556, Occupations Code, are repealed.
	287	+	SECTION 13. (a) On September 1, 2018, a license issued
	288	+	under former Section 2308.1555 or 2308.1556, Occupations Code,
	289	+	expires.
484	290		(b) The changes in law made by this Act to Section
485	291		2308.051(a), Occupations Code, regarding the qualifications for a
486	292		member of the Towing and Storage Advisory Board do not affect the
487	293		entitlement of a member serving on the board immediately before the
488	294		effective date of this Act to continue to serve and function as a
489	295		member of the board for the remainder of the member's term. When
490	296		board vacancies occur on or after the effective date of this Act,
491	297		the presiding officer of the Texas Commission of Licensing and
492	298		Regulation shall appoint new members to the board in a manner that
493	299		reflects the changes in law made by this Act.
494		-	(c) The Texas Commission of Licensing and Regulation shall
495		-	adopt rules to implement Section 2308.205(a-1), Occupations Code,
496		-	as added by this Act, as soon as practicable after the effective
497		-	date of this Act.
498		-	(d) Section 2308.253(e), Occupations Code, as amended by
499		-	this Act, applies only to a contract, including a lease or rental
500		-	agreement, entered into on or after the effective date of this Act.
501		-	A contract entered into before that date is governed by the law in
502		-	effect on the date the contract was entered into, and the former law
503		-	is continued in effect for that purpose.
504		-	(e) The changes in law made by this Act to Section 2308.255,
	300	+	(c) The changes in law made by this Act to Section 2308.255,
505	301		Occupations Code, do not apply to the booting of a vehicle pursuant
506	302		to a standing written agreement between a booting company and a
507	303		parking facility owner entered into before the effective date of
508	304		this Act. The booting of a vehicle pursuant to a standing written
509	305		agreement entered into before the effective date of this Act is
510	306		governed by the law as it existed immediately before the effective
511	307		date of this Act, and that law is continued in effect for that
512	308		purpose.
513		-	SECTION 23. Except as otherwise provided by this Act, this
	309	+	SECTION 14. Except as otherwise provided by this Act, this
514	310		Act takes effect immediately if it receives a vote of two-thirds of
515	311		all the members elected to each house, as provided by Section 39,
516	312		Article III, Texas Constitution. If this Act does not receive the
517	313		vote necessary for immediate effect, this Act takes effect
518	314		September 1, 2017.
519		-	______________________________ ______________________________
520		-	President of the Senate Speaker of the House
521		-	I hereby certify that S.B. No. 1501 passed the Senate on
522		-	April 25, 2017, by the following vote: Yeas 31, Nays 0; and that
523		-	the Senate concurred in House amendments on May 25, 2017, by the
524		-	following vote: Yeas 31, Nays 0.
525		-	______________________________
526		-	Secretary of the Senate
527		-	I hereby certify that S.B. No. 1501 passed the House, with
528		-	amendments, on May 20, 2017, by the following vote: Yeas 135,
529		-	Nays 0, one present not voting.
530		-	______________________________
531		-	Chief Clerk of the House
532		-	Approved:
533		-	______________________________
534		-	Date
535		-	______________________________
536		-	Governor