| 1 | 1 | | 86R8824 BEE-F |
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| 2 | 2 | | By: Hernandez H.B. No. 1568 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authority of certain municipal employees to request |
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| 8 | 8 | | the removal and storage of certain abandoned or illegally parked or |
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| 9 | 9 | | operated vehicles. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter D, Chapter 215, Local Government |
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| 12 | 12 | | Code, is amended by adding Section 215.0731 to read as follows: |
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| 13 | 13 | | Sec. 215.0731. AUTHORITY FOR REMOVAL AND STORAGE OF CERTAIN |
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| 14 | 14 | | ILLEGALLY OPERATED VEHICLES FOR HIRE. Under an ordinance of a |
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| 15 | 15 | | municipality regulating the operation of vehicles for hire in the |
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| 16 | 16 | | municipality, including a regulation adopted by a municipality |
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| 17 | 17 | | under Section 2402.003(b) or (c), Occupations Code, to aid in the |
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| 18 | 18 | | enforcement of the ordinance: |
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| 19 | 19 | | (1) the municipality may authorize a designated |
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| 20 | 20 | | employee to request the removal of a vehicle operated in violation |
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| 21 | 21 | | of the ordinance; and |
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| 22 | 22 | | (2) a towing company may remove, and a vehicle storage |
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| 23 | 23 | | facility may store, a vehicle requested to be removed by an employee |
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| 24 | 24 | | under Subdivision (1) without authorization by a peace officer for |
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| 25 | 25 | | the removal or storage. |
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| 26 | 26 | | SECTION 2. Section 2308.354, Occupations Code, is amended |
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| 27 | 27 | | to read as follows: |
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| 28 | 28 | | Sec. 2308.354. AUTHORITY FOR REMOVAL OF VEHICLE FROM PUBLIC |
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| 29 | 29 | | ROADWAY. (a) Under an ordinance of a municipality regulating the |
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| 30 | 30 | | parking of vehicles in the municipality, to aid in the enforcement |
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| 31 | 31 | | of the ordinance, an employee designated by the municipality may be |
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| 32 | 32 | | authorized to: |
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| 33 | 33 | | (1) immobilize a vehicle parked in the municipality; |
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| 34 | 34 | | [and] |
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| 35 | 35 | | (2) remove an immobilized vehicle from a public |
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| 36 | 36 | | roadway in the municipality; and |
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| 37 | 37 | | (3) request the removal and storage of a vehicle that |
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| 38 | 38 | | is located in an area where on-street parking is regulated by the |
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| 39 | 39 | | ordinance and that: |
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| 40 | 40 | | (A) is parked illegally; or |
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| 41 | 41 | | (B) is parked legally and: |
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| 42 | 42 | | (i) has been unattended for more than 48 |
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| 43 | 43 | | hours; and |
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| 44 | 44 | | (ii) the employee has reasonable grounds to |
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| 45 | 45 | | believe is abandoned. |
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| 46 | 46 | | (b) A parking facility owner or towing company may not |
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| 47 | 47 | | remove a vehicle from a public roadway except under: |
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| 48 | 48 | | (1) this chapter or a municipal ordinance that |
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| 49 | 49 | | complies with Section 2308.208; or |
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| 50 | 50 | | (2) the direction of a peace officer, a municipal |
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| 51 | 51 | | employee under Subsection (a)(3), or the owner or operator of the |
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| 52 | 52 | | vehicle. |
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| 53 | 53 | | (c) Subsection [In addition to the authority granted under |
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| 54 | 54 | | Subsection (a) and to aid in the enforcement of an ordinance |
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| 55 | 55 | | regulating the parking of vehicles, a municipality with a |
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| 56 | 56 | | population of 1.9 million or more may authorize a designated |
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| 57 | 57 | | employee to request the removal of a vehicle parked illegally in an |
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| 58 | 58 | | area designated as a tow-away zone in a residential area where |
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| 59 | 59 | | on-street parking is regulated by the ordinance. |
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| 60 | 60 | | [(d) Subsections] (a) does [and (c) do] not apply to a |
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| 61 | 61 | | vehicle owned by an electric, gas, water, or telecommunications |
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| 62 | 62 | | utility while the vehicle is parked for the purpose of conducting |
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| 63 | 63 | | work on a facility of the utility that is located below, above, or |
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| 64 | 64 | | adjacent to the street. |
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| 65 | 65 | | SECTION 3. This Act takes effect September 1, 2019. |
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