Texas 2019 - 86th Regular

Texas House Bill HB625 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Neave H.B. No. 625
	2	+	Substitute the following for H.B. No. 625:
	3	+	By: Leach C.S.H.B. No. 625
2	4
3	5
4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to notice and request for a hearing regarding a vehicle
7	9		that has been towed or booted.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Section 2308.455, Occupations Code, is amended
10	12		to read as follows:
11	13		Sec. 2308.455. CONTENTS OF NOTICE. The notice under
12	14		Section 2308.454 must include:
13	15		(1) a statement of:
14	16		(A) the person's right to submit a request
15	17		[within 14 days] for a court hearing to determine whether probable
16	18		cause existed to remove, or install a boot on, the vehicle;
17		-	(B) the number of days the ~~person has~~ under
18		-	Section 2308.456(a) ~~to request a hearing under Paragraph (A)~~;
	19	+	(B) the number of days by which the request under
	20	+	Paragraph (A) must be submitted as required by Section 2308.456(a);
19	21		(C) the information that a request for a hearing
20	22		must contain;
21	23		(D) [(C)] any filing fee for the hearing; and
22	24		(E) [(D)] the person's right to request a hearing
23	25		in any justice court in:
24	26		(i) the county from which the vehicle was
25	27		towed; or
26	28		(ii) for booted vehicles, the county in
27	29		which the parking facility is located;
28	30		(2) the name, address, and telephone number of the
29	31		towing company that removed the vehicle or the booting company that
30	32		booted the vehicle;
31	33		(3) the name, address, telephone number, and county of
32	34		the vehicle storage facility in which the vehicle was placed;
33	35		(4) the name, street address including city, state,
34	36		and zip code, and telephone number of the person, parking facility
35	37		owner, or law enforcement agency that authorized the removal of the
36	38		vehicle; and
37	39		(5) the name, address, and telephone number of each
38	40		justice court in the county from which the vehicle was towed or, for
39	41		booted vehicles, the county in which the parking facility is
40	42		located, or the address of an Internet website maintained by the
41	43		Office of Court Administration of the Texas Judicial System that
42	44		contains the name, address, and telephone number of each justice
43	45		court in that county.
44	46		SECTION 2. Sections 2308.456(a), (c), and (c-1),
45	47		Occupations Code, are amended to read as follows:
46	48		(a) Except as provided by Subsections (c) and (c-1), a
47	49		person entitled to a hearing under this chapter must deliver a
48	50		written request for the hearing to the court:
49	51		(1) before the 14th day after the date the vehicle was
50	52		removed and placed in the vehicle storage facility or booted,
51	53		excluding Saturdays, Sundays, and legal holidays; or
52	54		(2) before the 60th day after the date the vehicle was
53	55		removed and placed in the vehicle storage facility, excluding
54	56		Saturdays, Sundays, and legal holidays, for a person whose vehicle
55	57		is released from the vehicle storage facility before the 20th day
56	58		after the date the vehicle was removed and placed in the vehicle
57	59		storage facility, excluding Saturdays, Sundays, and legal
58	60		holidays.
59	61		(c) If notice was not given under Section 2308.454, the
60	62		[14-day] deadline for requesting a hearing under Subsection (a)
61	63		does not apply, and the owner or operator of the vehicle may deliver
62	64		a written request for a hearing at any time.
63	65		(c-1) The [14-day] period for requesting a hearing under
64	66		Subsection (a) does not begin until the date on which the towing
65	67		company or vehicle storage facility provides to the vehicle owner
66	68		or operator the information necessary for the vehicle owner or
67	69		operator to complete the material for the request for hearing
68	70		required under Subsections (b)(2) through (6).
69	71		SECTION 3. The changes in law made by this Act to Sections
70	72		2308.455 and 2308.456, Occupations Code, apply only to a notice or a
71	73		request for a hearing in connection with a vehicle that is towed or
72	74		booted on or after the effective date of this Act. A notice or a
73	75		request for a hearing in connection with a vehicle that is towed or
74	76		booted before the effective date of this Act is governed by the law
75	77		in effect when the vehicle was towed or booted, and the former law
76	78		is continued in effect for that purpose.
77	79		SECTION 4. This Act takes effect September 1, 2019.