Texas 2023 - 88th Regular

Texas House Bill HB3478 Compare Versions

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1	1	88R19540 DRS-D
2	2	By: King of Uvalde H.B. No. 3478
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to mediation of certain fee disputes between towing
8	8	companies and motor carriers.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 2303.154, Occupations Code, is amended
11	11	by amending Subsection (a) and adding Subsection (a-1) to read as
12	12	follows:
13	13	(a) Except as provided by Subsection (a-1), if [If] a
14	14	vehicle is not claimed by a person permitted to claim the vehicle
15	15	before the 10th day after the date notice is mailed or published
16	16	under Section 2303.151 or 2303.152, the operator of the vehicle
17	17	storage facility shall consider the vehicle to be abandoned and, if
18	18	required by the law enforcement agency with jurisdiction where the
19	19	vehicle is located, report the abandonment to the law enforcement
20	20	agency. If the law enforcement agency notifies the vehicle storage
21	21	facility that the agency will send notices and dispose of the
22	22	abandoned vehicle under Subchapter B, Chapter 683, Transportation
23	23	Code, the vehicle storage facility shall pay the fee required under
24	24	Section 683.031, Transportation Code.
25	25	(a-1) For purposes of this subsection, "motor carrier" has
26	26	the meaning assigned by Section 643.001, Transportation Code. A
27	27	motor vehicle operated by a motor carrier and held in a vehicle
28	28	storage facility may not be considered abandoned under Subsection
29	29	(a):
30	30	(1) until the 31st day after the date notice is mailed
31	31	or published under Section 2303.151 or 2303.152; or
32	32	(2) if the operator of the vehicle storage facility
33	33	receives notice:
34	34	(A) under Section 2308.554(a)(1)(B) that the
35	35	vehicle is the subject of a request for mediation under Subchapter
36	36	L, Chapter 2308; or
37	37	(B) under Section 2308.560(c) that the vehicle is
38	38	the subject of a civil action brought by a party to the fee dispute
39	39	that was the subject of a mediation under Subchapter L, Chapter
40	40	2308.
41	41	SECTION 2. Subchapter D, Chapter 2303, Occupations Code, is
42	42	amended by adding Section 2303.1541 to read as follows:
43	43	Sec. 2303.1541. SALE OR DISPOSAL OF VEHICLE PENDING
44	44	MEDIATION PROHIBITED. A vehicle storage facility operator who
45	45	receives notice under Section 2308.554(a)(1)(B) or Section
46	46	2308.560(c) may not sell at a public sale or otherwise dispose of or
47	47	report to a law enforcement agency under Section 683.031(c),
48	48	Transportation Code, the vehicle that is the subject of the notice
49	49	until the operator receives notice under Section 2308.560 that:
50	50	(1) the mediation has been resolved; and
51	51	(2) if a civil action related to the fee dispute that
52	52	was the subject of the mediation was filed by a party after the end
53	53	of the mediation process, the civil action has concluded.
54	54	SECTION 3. Chapter 2308, Occupations Code, is amended by
55	55	adding Subchapter L to read as follows:
56	56	SUBCHAPTER L. FEE DISPUTE MEDIATION
57	57	BETWEEN TOWING COMPANY AND MOTOR CARRIER
58	58	Sec. 2308.551. DEFINITION. In this subchapter, "motor
59	59	carrier" has the meaning assigned by Section 643.001,
60	60	Transportation Code.
61	61	Sec. 2308.552. FEE DISPUTE MEDIATION REQUIRED ON MOTOR
62	62	CARRIER REQUEST. (a) A motor carrier may request mediation under
63	63	this subchapter in a dispute with a towing company relating to an
64	64	incident management or other nonconsent tow for which towing and
65	65	recovery fees exceed $20,000.
66	66	(b) A towing company must participate in mediation
67	67	requested by a motor carrier under this subchapter.
68	68	Sec. 2308.553. REQUEST FOR MEDIATION. (a) A motor carrier
69	69	may submit a request in the manner prescribed by the department not
70	70	later than the 30th day after the later of the date the motor
71	71	carrier:
72	72	(1) pays the towing and recovery charges; or
73	73	(2) receives notice from a vehicle storage facility
74	74	under Section 2303.151.
75	75	(b) A motor carrier that does not timely submit a request
76	76	under Subsection (a) waives the right to mediation under this
77	77	subchapter.
78	78	Sec. 2308.554. NOTICE OF REQUEST; ORDER. (a) On receipt of
79	79	a request for mediation under this subchapter, the department
80	80	shall:
81	81	(1) give notice that the motor carrier has requested
82	82	mediation to:
83	83	(A) the towing company that towed the vehicle
84	84	that is the subject of the request for mediation; and
85	85	(B) the operator of the vehicle storage facility
86	86	storing the vehicle that is the subject of the request for
87	87	mediation; and
88	88	(2) order the parties to participate in mediation
89	89	under this subchapter.
90	90	(b) A vehicle storage facility operator who receives notice
91	91	under this section:
92	92	(1) may continue to charge a daily storage fee
93	93	authorized by Section 2303.155(b)(3); and
94	94	(2) may not sell the vehicle at a public sale or
95	95	otherwise dispose of the vehicle under Subchapter D, Chapter 2303,
96	96	or report the vehicle to a law enforcement agency under Section
97	97	683.031(c), Transportation Code, before the operator receives
98	98	notice under Section 2308.560 that:
99	99	(A) the mediation has been resolved; and
100	100	(B) if a civil action related to the fee dispute
101	101	that was the subject of the mediation was filed by a party after the
102	102	end of the mediation process, the civil action has concluded.
103	103	Sec. 2308.555. MEDIATOR. (a) A person may not act as a
104	104	mediator in the mediation program unless the person is qualified as
105	105	an impartial third party under Section 154.052, Civil Practice and
106	106	Remedies Code.
107	107	(b) The parties by agreement shall select and compensate a
108	108	mediator from the list maintained by the department, except that
109	109	the parties by written agreement may select a mediator not on the
110	110	department's list.
111	111	(c) If the parties do not agree on a mediator by the 10th day
112	112	after the date the department orders the parties to participate in
113	113	the mediation:
114	114	(1) the motor carrier or the towing company shall
115	115	notify the department that a mediator has not been selected; and
116	116	(2) the department shall select a mediator from the
117	117	department's list of qualified mediators based on convenience to
118	118	the location of each party.
119	119	(d) Sections 154.053 and 154.055, Civil Practice and
120	120	Remedies Code, apply to a mediator under this subchapter.
121	121	Sec. 2308.556. LOCATION AND SCHEDULE OF MEDIATION. (a) The
122	122	parties by agreement shall select a venue and schedule for
123	123	mediation under this subchapter. If the parties are unable to agree
124	124	on a venue and schedule, the mediator shall select a venue and
125	125	schedule.
126	126	(b) Mediation must be completed not later than the 30th day
127	127	after the date the department orders the parties to mediate, except
128	128	that the deadline may be extended by agreement of all parties.
129	129	Sec. 2308.557. APPLICABLE LAW. Section 154.073, Civil
130	130	Practice and Remedies Code, and Rule 408, Texas Rules of Evidence,
131	131	apply to mediation under this subchapter.
132	132	Sec. 2308.558. DURATION AND COSTS OF MEDIATION. (a) The
133	133	fee for a mediator employed under this subchapter may not exceed:
134	134	(1) $750 per party, for a half-day mediation; or
135	135	(2) $1,500 per party, for a full-day mediation.
136	136	(b) A mediation may not exceed one day unless the parties
137	137	agree to extend the mediation.
138	138	(c) The department is not liable for compensation paid or to
139	139	be paid to a mediator employed under this subchapter.
140	140	(d) Without regard to the outcome of mediation or subsequent
141	141	regulatory or judicial proceedings, costs incurred by a party in
142	142	mediation required by this subchapter may not be imposed on the
143	143	opposing party.
144	144	Sec. 2308.559. MATTERS CONSIDERED IN MEDIATION; AGREED
145	145	RESOLUTION. In a mediation under this subchapter, the parties
146	146	shall evaluate, without limitation, whether the amount charged by
147	147	the towing company is excessive. If the parties determine that the
148	148	amount charged is excessive, the parties shall determine the
149	149	appropriate charges for services rendered.
150	150	Sec. 2308.560. OUTCOME OF MEDIATION; CIVIL ACTION. (a) Not
151	151	later than the 15th day after the date the mediation concludes, the
152	152	mediator shall report to the department whether mediation resolves
153	153	the dispute. The department shall notify the operator of the
154	154	vehicle storage facility where the vehicle that is the subject of
155	155	the mediation is being stored of the outcome of the mediation.
156	156	(b) If mediation does not resolve the dispute, either party
157	157	may file a civil action. A party in a mediation under this
158	158	subchapter may not bring a civil action before the conclusion of the
159	159	mediation process under this subchapter. This subsection does not
160	160	prohibit a motor carrier from filing a request for a hearing under
161	161	Subchapter J before the conclusion of mediation.
162	162	(c) If a party in mediation brings a civil action related to
163	163	the fee dispute that was the subject of the mediation after the
164	164	conclusion of the mediation process, the party bringing the action
165	165	shall give notice to the operator of the vehicle storage facility
166	166	storing the vehicle that is the subject of the action of the
167	167	initiation and conclusion of the action. Notice under this
168	168	subsection must be given:
169	169	(1) on filing the petition with the court, if the motor
170	170	carrier is the party filing the action; or
171	171	(2) on service of citation on the motor carrier.
172	172	(d) A vehicle storage facility operator who receives notice
173	173	of a civil action from a party under this section:
174	174	(1) may continue to charge a daily storage fee
175	175	authorized by Section 2303.155(b)(3); and
176	176	(2) may not sell the vehicle at a public sale or
177	177	otherwise dispose of the vehicle under Subchapter D, Chapter 2303,
178	178	before the party bringing the action gives the operator notice that
179	179	the action is concluded in favor of the towing company.
180	180	Sec. 2308.561. FORMS AND PROCEDURES; REQUEST PORTAL. The
181	181	department shall:
182	182	(1) adopt forms and procedures necessary to administer
183	183	this subchapter;
184	184	(2) establish a portal on the department's Internet
185	185	website through which a request to participate in the mediation
186	186	program may be submitted; and
187	187	(3) maintain a list of qualified mediators on the
188	188	department's Internet website.
189	189	SECTION 4. Section 683.031, Transportation Code, is amended
190	190	by amending Subsection (a) and adding Subsection (a-1) to read as
191	191	follows:
192	192	(a) Except as provided by Subsection (a-1), a [A] motor
193	193	vehicle is abandoned if the vehicle is left in a storage facility
194	194	operated for commercial purposes after the 10th day after the date
195	195	on which:
196	196	(1) the garagekeeper gives notice by registered or
197	197	certified mail, return receipt requested, to the last known
198	198	registered owner of the vehicle and to each lienholder of record of
199	199	the vehicle under Chapter 501 to remove the vehicle;
200	200	(2) a contract for the vehicle to remain on the
201	201	premises of the facility expires; or
202	202	(3) the vehicle was left in the facility, if the
203	203	vehicle was left by a person other than the registered owner or a
204	204	person authorized to have possession of the vehicle under a
205	205	contract of use, service, storage, or repair.
206	206	(a-1) For purposes of this subsection, "motor carrier" has
207	207	the meaning assigned by Section 643.001. A motor vehicle operated
208	208	by a motor carrier and held at a vehicle storage facility may not be
209	209	considered abandoned under this subchapter:
210	210	(1) until the 31st day after the date described by
211	211	Subsection (a); or
212	212	(2) if the operator of the vehicle storage facility
213	213	receives notice:
214	214	(A) under Section 2308.554(a)(1)(B), Occupations
215	215	Code, that the vehicle is the subject of a request for mediation
216	216	under Subchapter L, Chapter 2308, Occupations Code; or
217	217	(B) under Section 2308.560(c), Occupations Code,
218	218	that the vehicle is the subject of a civil action brought by a party
219	219	to the fee dispute that was the subject of a mediation under
220	220	Subchapter L, Chapter 2308, Occupations Code.
221	221	SECTION 5. This Act takes effect September 1, 2023.