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H.B. No. 480
AN ACT
relating to the towing and storage of certain vehicles; providing a
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 18, Code of Criminal Procedure, is
amended by adding Article 18.23 to read as follows:
Art. 18.23. EXPENSES FOR MOTOR VEHICLE TOWED AND STORED FOR
CERTAIN PURPOSES. (a) A law enforcement agency that directs the
towing and storage of a motor vehicle for an evidentiary or
examination purpose shall pay the cost of the towing and storage.
(b) Subsection (a) applies whether the motor vehicle is
taken to or stored on property that is:
(1) owned or operated by the law enforcement agency;
or
(2) owned or operated by another person who provides
storage services to the law enforcement agency, including:
(A) a governmental entity; and
(B) a vehicle storage facility, as defined by
Section 2303.002, Occupations Code.
(c) Subsection (a) does not require a law enforcement
agency to pay the cost of:
(1) towing or storing a motor vehicle for a purpose
that is not an evidentiary or examination purpose, including towing
or storing a vehicle that has been abandoned, illegally parked, in
an accident, or recovered after being stolen; or
(2) storing a motor vehicle after the date the law
enforcement agency authorizes the owner or operator of the property
to which the vehicle was taken or on which the vehicle is stored to
release the vehicle to the vehicle's owner.
(d) This subsection applies only to a motor vehicle taken to
or stored on property described by Subsection (b)(2). After a law
enforcement agency authorizes the release of a motor vehicle held
for an evidentiary or examination purpose, the owner or operator of
the storage property may not refuse to release the vehicle to the
vehicle's owner because the law enforcement agency has not paid the
cost of the towing and storage.
(e) Chapter 685, Transportation Code, does not apply to a
motor vehicle directed by a law enforcement agency to be towed and
stored for an evidentiary or examination purpose.
SECTION 2. Sections 2303.155(b) and (c), Occupations Code,
are amended to read as follows:
(b) The operator of a vehicle storage facility or
governmental vehicle storage facility may charge the owner of a
vehicle stored or parked at the facility:
(1) a notification fee set in a reasonable amount for
providing notice under this subchapter, including notice under
Section 2303.154(c);
(2) an impoundment fee of $20 for any action that:
(A) is taken by or at the direction of the owner
or operator of the facility; and
(B) is necessary to preserve, protect, or service
a vehicle stored or parked at the facility;
(3) a daily storage fee of:
(A) not less than $5 and not more than $20 [$15]
for each day or part of a day the vehicle is stored at the facility
if the vehicle is not longer than 25 feet; or
(B) $35 [$30] for each day or part of a day the
vehicle is stored at the facility if the vehicle is longer than 25
feet; and
(4) any fee that is required to be submitted to a law
enforcement agency, the agency's authorized agent, or a
governmental entity.
(c) A notification fee under Subsection (b) may not exceed
$50 [$32], except that if notice by publication is required by this
chapter and the cost of publication exceeds 50 percent of the
notification fee, the vehicle storage facility may recover the
additional amount of the cost of publication from the vehicle owner
or agent.
SECTION 3. Subchapter D, Chapter 2303, Occupations Code, is
amended by adding Section 2303.158 to read as follows:
Sec. 2303.158. ACCESS TO GLOVE COMPARTMENT, CONSOLE, OR
OTHER INTERIOR STORAGE AREA TO ESTABLISH IDENTITY OR OWNERSHIP.
The operator of a vehicle storage facility or a governmental
vehicle storage facility must allow a person claiming to be the
owner of a vehicle stored or parked at the facility to have access
to the vehicle's glove compartment, console, or other interior
storage area if documents necessary to establish the person's
identity or ownership of the vehicle are located in the glove
compartment, console, or other interior storage area.
SECTION 4. Subchapter D, Chapter 2303, Occupations Code, is
amended by adding Section 2303.159 to read as follows:
Sec. 2303.159. FORMS OF PAYMENT OF CHARGES. (a) The
operator of a vehicle storage facility shall accept payment by an
electronic check, debit card, or credit card for any charge
associated with delivery or storage of a vehicle.
(b) In this section, "vehicle storage facility" includes a
governmental vehicle storage facility as defined by Section
2303.155.
SECTION 5. Sections 643.206(a) and (c), Transportation
Code, are amended to read as follows:
(a) A towing company that makes a nonconsent tow shall tow
the vehicle to a vehicle storage facility that is operated by a
person who holds a license to operate the facility under Chapter
2303, Occupations Code, unless the towing company agrees to take
the vehicle to a location designated by the vehicle's owner.
(c) Except as provided by this chapter, Article 18.23, Code
of Criminal Procedure, or Chapter 2303, Occupations Code, a fee may
not be charged or collected without the prior written consent of the
vehicle owner or operator.
SECTION 6. Section 684.012(a), Transportation Code, is
amended to read as follows:
(a) A parking facility owner may, without the consent of the
owner or operator of an unauthorized vehicle, cause the vehicle and
any property on or in the vehicle to be removed and stored at a
vehicle storage facility at the vehicle owner's or operator's
expense if:
(1) signs that comply with Subchapter C prohibiting
unauthorized vehicles are located on the parking facility at the
time of towing and for the preceding 24 hours and remain installed
at the time of towing;
(2) the owner or operator of the vehicle has received
actual notice from the parking facility owner that the vehicle will
be towed at the vehicle owner's or operator's expense if it is in or
not removed from an unauthorized space;
(3) the parking facility owner gives notice to the
owner or operator of the vehicle under Subsection (b); or
(4) the vehicle is:
(A) left in violation of Section 684.011 or
684.0125; or
(B) in or obstructing a portion of a paved
driveway or abutting public roadway used for entering or exiting
the facility and the removal is approved by a peace officer.
SECTION 7. Section 684.014, Transportation Code, is amended
by amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) A towing company that is insured as provided by
Subsection (c) may, without the consent of an owner or operator of
an unauthorized vehicle, remove and store the vehicle at a vehicle
storage facility at the expense of the owner or operator of the
vehicle if:
(1) the towing company has received written
verification from the parking facility owner that:
(A) the parking facility owner has installed the
signs required by Section 684.012(a)(1); or
(B) the owner or operator received notice under
Section 684.012(a)(2) or the parking facility owner gave notice
complying with Section 684.012(a)(3); or
(2) the vehicle is:
(A) left in violation of Section 684.011; or
(B) in or obstructing a portion of a paved
driveway or abutting public roadway used for entering or exiting
the facility and the removal is approved by a peace officer.
(d) A towing company may remove and store a vehicle under
Subsection (a) only if the parking facility owner:
(1) requests that the towing company remove and store
the specific vehicle; or
(2) has a standing written agreement with the towing
company to enforce parking restrictions in the parking facility
from which the vehicle will be removed.
SECTION 8. Section 684.085, Transportation Code, is amended
to read as follows:
Sec. 684.085. VIOLATION OF CHAPTER; FINE. A violation of
this chapter is a misdemeanor punishable by a fine of not less than
$500 [$200] or more than $1,500[$500].
SECTION 9. (a) The change in law made by this Act to Section
684.085, Transportation Code, applies only to an offense committed
on or after the effective date of this Act. For purposes of this
section, an offense was committed before the effective date of this
Act if any element of the offense occurred before the effective
date.
(b) An offense committed before the effective date of this
Act is governed by the law in effect on the date the offense was
committed, and the former law is continued in effect for that
purpose.
SECTION 10. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 480 was passed by the House on April
26, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 480 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor