Texas 2019 - 86th Regular

Texas Senate Bill SB1651 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R10962 BEE-F
2	2	By: Powell S.B. No. 1651
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to motor vehicle towing.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 2308.002(13), Occupations Code, is
10	10	amended to read as follows:
11	11	(13) "Unauthorized vehicle" means a vehicle [parked,
12	12	stored, or] located on a parking facility without the consent of the
13	13	parking facility owner, including a vehicle parked in violation of:
14	14	(A) towing or parking rules or policies provided
15	15	to a tenant in accordance with Section 92.0131, Property Code; or
16	16	(B) a sign prohibiting or restricting parking
17	17	posted in accordance with Subchapter G.
18	18	SECTION 2. The heading to Section 2308.251, Occupations
19	19	Code, is amended to read as follows:
20	20	Sec. 2308.251. PROHIBITION AGAINST UNAUTHORIZED
21	21	[UNATTENDED] VEHICLES ON PARKING FACILITIES [IN CERTAIN AREAS].
22	22	SECTION 3. Section 2308.251, Occupations Code, is amended
23	23	by amending Subsection (a) and adding Subsections (d), (e), (f),
24	24	and (g) to read as follows:
25	25	(a) The owner or operator of a vehicle may not, without the
26	26	consent of a parking facility owner, leave unattended on a parking
27	27	facility a vehicle that:
28	28	(1) is in or obstructs a vehicular traffic aisle,
29	29	entry, or exit of the parking facility;
30	30	(2) prevents a vehicle from exiting a parking space in
31	31	the facility;
32	32	(3) is in or obstructs a fire lane marked according to
33	33	Subsection (c);
34	34	(4) does not display valid [the special] license
35	35	plates issued under Section 504.201, Transportation Code, or a
36	36	valid [the] disabled parking placard issued under Chapter 681,
37	37	Transportation Code, for a vehicle transporting a disabled person
38	38	and is in a parking space that is designated for the exclusive use
39	39	of a vehicle transporting a disabled person; [or]
40	40	(5) is leaking a fluid that presents a hazard or threat
41	41	to persons or property;
42	42	(6) obstructs an area that is designed or intended for
43	43	the use of pedestrians;
44	44	(7) is in or obstructs a restricted parking area or
45	45	parking space designated under Subchapter G;
46	46	(8) is in a tow away zone that is, except as provided
47	47	for a fire lane under Subsection (c), brightly painted and is
48	48	conspicuously and legibly marked with the warning "TOW AWAY ZONE"
49	49	in contrasting letters at least three inches tall;
50	50	(9) is a semitrailer, trailer, or truck-tractor, as
51	51	defined by Chapter 502, Transportation Code, unless the owner or
52	52	operator of the vehicle is permitted under the terms of a rental or
53	53	lease agreement with the parking facility to leave the unattended
54	54	vehicle on the parking facility;
55	55	(10) is on an area that is not designed or intended for
56	56	the parking of vehicles;
57	57	(11) is an abandoned motor vehicle as described by
58	58	Section 683.002, Transportation Code;
59	59	(12) subject to Subsections (d) and (e), does not
60	60	display an unexpired license plate or registration insignia issued
61	61	for the vehicle under Chapter 502, Transportation Code, or the
62	62	vehicle registration law of another state or country;
63	63	(13) is not registered as the vehicle of a tenant of an
64	64	apartment complex or the tenant's guest and:
65	65	(A) the parking facility serves or is adjacent to
66	66	an apartment complex consisting of one or more residential
67	67	apartment units and any adjacent real property serving the
68	68	apartment complex;
69	69	(B) the parking facility is restricted to parking
70	70	by tenants of the apartment complex and their guests;
71	71	(C) the parking facility owner requires the
72	72	vehicles of tenants and their guests to be registered; and
73	73	(D) the parking facility owner or a towing
74	74	company on behalf of the parking facility owner maintains a list of
75	75	registered tenant and guest vehicles that is updated as vehicles
76	76	are registered; or
77	77	(14) occupies a parking space such that any part of the
78	78	vehicle occupies an area of more than 12 inches beyond a demarcation
79	79	separating the parking space from an adjacent parking space.
80	80	(d) Except as provided by a contract described by Subsection
81	81	(e), a parking facility owner may not have a vehicle towed from the
82	82	parking facility solely because the vehicle does not display an
83	83	unexpired license plate or registration insignia issued for the
84	84	vehicle under Chapter 502, Transportation Code, or the vehicle
85	85	registration law of another state or country.
86	86	(e) A contract provision providing for the towing from a
87	87	parking facility of a vehicle that does not display an unexpired
88	88	license plate or registration insignia is valid only if the
89	89	provision requires the owner or operator of the vehicle to be given
90	90	at least 10 days' written notice that the vehicle will be towed from
91	91	the parking facility at the vehicle owner's or operator's expense if
92	92	the vehicle is not removed from the parking facility. The notice
93	93	must:
94	94	(1) state:
95	95	(A) that the vehicle does not display an
96	96	unexpired license plate or registration insignia; and
97	97	(B) that the vehicle will be towed at the expense
98	98	of the owner or operator of the vehicle if the vehicle does not
99	99	display an unexpired license plate or registration insignia;
100	100	(2) contain a telephone number that is answered 24
101	101	hours a day to enable the owner or operator of the vehicle to locate
102	102	the vehicle; and
103	103	(3) be:
104	104	(A) delivered in person to the owner or operator
105	105	of the vehicle;
106	106	(B) sent by certified mail, return receipt
107	107	requested, to that owner or operator; or
108	108	(C) attached:
109	109	(i) to the vehicle's front windshield;
110	110	(ii) to the vehicle's driver's side window;
111	111	or
112	112	(iii) if the vehicle has no front
113	113	windshield or driver's side window, to a conspicuous part of the
114	114	vehicle.
115	115	(f) This section may not be construed:
116	116	(1) to authorize the owner or operator of a vehicle to
117	117	leave an unattended vehicle on property that is not designed or
118	118	intended for the parking of vehicles; or
119	119	(2) to limit or restrict the enforcement of Chapter
120	120	683, Transportation Code, the abandoned motor vehicle law.
121	121	(g) A provision of an apartment lease or rental agreement
122	122	entered into or renewed on or after January 1, 2004, that is in
123	123	conflict or inconsistent with this section is void and may not be
124	124	enforced.
125	125	SECTION 4. Section 2308.252, Occupations Code, is amended
126	126	by amending Subsections (a), (b), and (c) and adding Subsection
127	127	(b-1) to read as follows:
128	128	(a) A parking facility owner may, without the consent of the
129	129	owner or operator of an unauthorized vehicle, cause the vehicle and
130	130	any property on or in the vehicle to be removed and stored at a
131	131	vehicle storage facility at the vehicle owner's or operator's
132	132	expense if:
133	133	(1) signs that substantially comply with Subchapter G
134	134	prohibiting unauthorized vehicles are located on the parking
135	135	facility at the time of towing and for the preceding 24 hours and
136	136	remain installed at the time of towing;
137	137	(2) the owner or operator of the vehicle has received
138	138	actual notice from the parking facility owner that the vehicle will
139	139	be towed at the vehicle owner's or operator's expense if it is in or
140	140	not removed from an unauthorized space;
141	141	(3) the parking facility owner gives notice to the
142	142	owner or operator of the vehicle under Subsection (b) or (b-1); or
143	143	(4) on request the parking facility owner provides to
144	144	the owner or operator of the vehicle information on the name of the
145	145	towing company and vehicle storage facility that will be used to
146	146	remove and store the vehicle and the vehicle is:
147	147	(A) left in violation of Section 2308.251 [or
148	148	2308.253]; or
149	149	(B) in or obstructing a portion of a paved
150	150	driveway or abutting public roadway used for entering or exiting
151	151	the facility.
152	152	(b) A parking facility owner is considered to have given
153	153	notice under Subsection (a)(3) if:
154	154	(1) a conspicuous notice has been attached to the
155	155	vehicle's front windshield or, if the vehicle has no front
156	156	windshield, to a conspicuous part of the vehicle stating:
157	157	(A) that the vehicle is in a parking space in
158	158	which the vehicle is not authorized to be parked;
159	159	(B) [a description of all other unauthorized
160	160	areas in the parking facility;
161	161	[(C)] that the vehicle will be towed at the
162	162	expense of the owner or operator of the vehicle if it remains in an
163	163	unauthorized area of the parking facility; and
164	164	(C) [(D)] a telephone number that is answered 24
165	165	hours a day to enable the owner or operator of the vehicle to locate
166	166	the vehicle; and
167	167	(2) a notice is mailed after the notice is attached to
168	168	the vehicle as provided by Subdivision (1) to the owner of the
169	169	vehicle by certified mail, return receipt requested, to the last
170	170	address shown for the owner according to the vehicle registration
171	171	records of the Texas Department of Motor Vehicles, or if the vehicle
172	172	is registered in another state, the appropriate agency of that
173	173	state.
174	174	(b-1) Notwithstanding Subsection (b), a parking facility
175	175	owner is considered to have given notice under Subsection (a)(3)
176	176	if:
177	177	(1) notice of parking violations subject to towing has
178	178	been given as part of a lease agreement; or
179	179	(2) notice has been posted on signs at each entrance to
180	180	the parking facility in accordance with Subchapter G.
181	181	(c) The notice under Subsection (b)(2) must:
182	182	(1) state that the vehicle is in a space in which the
183	183	vehicle is not authorized to park;
184	184	(2) [describe all other unauthorized areas in the
185	185	parking facility;
186	186	[(3)] contain a warning that the unauthorized vehicle
187	187	will be towed at the expense of the owner or operator of the vehicle
188	188	if it is not removed from the parking facility before the 15th day
189	189	after the postmark date of the notice; and
190	190	(3) [(4)] state a telephone number that is answered 24
191	191	hours a day to enable the owner or operator to locate the vehicle.
192	192	SECTION 5. Section 2308.255(c), Occupations Code, is
193	193	amended to read as follows:
194	194	(c) A [Only a] towing company [that is insured against
195	195	liability for property damage incurred in towing a vehicle] may tow
196	196	and store an unauthorized vehicle under this chapter only if the
197	197	towing company is insured against liability for property damage
198	198	incurred in towing a vehicle [section].
199	199	SECTION 6. Subchapter J, Chapter 2308, Occupations Code, is
200	200	amended by adding Section 2308.4501 to read as follows:
201	201	Sec. 2308.4501. PROBABLE CAUSE FOR PRIVATE PROPERTY TOW.
202	202	For purposes of a hearing under this subchapter regarding a private
203	203	property tow, "probable cause" means, with respect to the removal
204	204	of the towed vehicle, reasonably trustworthy facts and
205	205	circumstances within the knowledge of the tow operator on the scene
206	206	of the tow that would lead a reasonably prudent tow operator to
207	207	believe that the vehicle to be towed was parked in an unauthorized
208	208	location.
209	209	SECTION 7. Sections 2308.253 and 2308.2565, Occupations
210	210	Code, are repealed.
211	211	SECTION 8. The changes in law made by this Act apply only to
212	212	the towing of a vehicle initiated on or after the effective date of
213	213	this Act. The towing of a vehicle initiated before the effective
214	214	date of this Act is governed by the law in effect at the time the
215	215	towing was initiated, and the former law is continued in effect for
216	216	that purpose.
217	217	SECTION 9. This Act takes effect September 1, 2019.