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AN ACT
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relating to the regulation of the towing and storage of vehicles. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. LICENSING AND REGULATION OF TOWING AND VEHICLE STORAGE |
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SECTION 1.01. Sections 2303.002(2), (3), and (4), |
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Occupations Code, are amended to read as follows: |
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(2) "Commission" means the Texas [Transportation] |
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Commission of Licensing and Regulation. |
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(3) "Department" means the Texas Department of |
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Licensing and Regulation [Transportation]. |
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(4) "Executive director [Director]" means the |
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executive director of the department [or a person designated by the
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executive director who is not below the rank of division or special
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office director]. |
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SECTION 1.02. Section 2303.051, Occupations Code, is |
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amended to read as follows: |
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Sec. 2303.051. RULEMAKING: LICENSE REQUIREMENTS[;
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SANCTIONS]. The commission shall adopt rules that: |
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(1) establish the requirements for a person to be |
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licensed to operate a vehicle storage facility to ensure that the |
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facility maintains adequate standards for the care of stored |
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vehicles; [and] |
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(2) relate to the administrative sanctions that may be |
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imposed on a person licensed under this chapter; |
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(3) govern the administration of this chapter. |
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SECTION 1.03. Subchapter B, Chapter 2303, Occupations Code, |
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is amended by adding Sections 2303.055, 2303.056, 2303.057, and |
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2303.058 to read as follows: |
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Sec. 2303.055. EXAMINATION OF CRIMINAL CONVICTION. The |
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department may conduct an examination of any criminal conviction of |
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an applicant, including by obtaining any criminal history record |
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information permitted by law. |
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Sec. 2303.056. PERIODIC AND RISK-BASED INSPECTIONS. (a) |
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The department may enter and inspect at any time during business |
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hours: |
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(1) the place of business of any person regulated |
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under this chapter; or |
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(2) any place in which the department has reasonable |
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cause to believe that a license holder is in violation of this |
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chapter or in violation of a rule or order of the commission or |
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executive director. |
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(b) At least once every two years, the department shall |
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inspect a vehicle storage facility that holds a license under this |
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chapter. |
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(c) The department shall conduct additional inspections |
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based on a schedule of risk-based inspections using the following |
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criteria: |
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(1) the type and nature of the vehicle storage |
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facility; |
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(2) the inspection history of the vehicle storage |
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facility; |
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(3) any history of violations involving the vehicle |
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storage facility; and |
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(4) any other factor determined by the commission by |
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rule. |
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(d) The vehicle storage facility shall pay a fee for each |
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risk-based inspection performed under Subsection (c). The |
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commission by rule shall set the amount of the fee. |
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Sec. 2303.057. PERSONNEL. The department may employ |
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personnel necessary to administer and enforce this chapter. |
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Sec. 2303.058. ADVISORY BOARD. The Towing and Storage |
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Advisory Board under Chapter 2308 shall advise the commission in |
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adopting vehicle storage rules under this chapter. |
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SECTION 1.04. The heading to Section 2303.101, Occupations |
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Code, is amended to read as follows: |
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Sec. 2303.101. FACILITY LICENSE REQUIRED. |
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SECTION 1.05. Subchapter C, Chapter 2303, Occupations Code, |
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is amended by adding Section 2303.1015 to read as follows: |
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Sec. 2303.1015. EMPLOYEE LICENSE REQUIRED. (a) A person |
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may not work at a vehicle storage facility unless the person holds a |
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license issued under this chapter. |
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(b) The commission shall adopt rules governing the |
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application for and issuance of a license under this section. |
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SECTION 1.06. Sections 2303.102(a) and (b), Occupations |
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Code, are amended to read as follows: |
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(a) The commission by rule shall determine the types of |
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information to be included in an application for a license under |
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this chapter on a form prescribed by the executive director. |
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(b) The rules adopted [by the commission] under this section |
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must require an [the] application for a facility license [to be made
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under oath and] to list: |
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(1) the name and address of each partner, if the |
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applicant is a partnership; and |
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(2) the name and address of the president, secretary, |
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and treasurer of the corporation, if the applicant is a corporation |
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[; and
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[(3)
each conviction of a felony, or of a misdemeanor
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punishable by confinement in jail or by a fine exceeding $200, that
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was obtained against the applicant or a partner or officer of the
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applicant in the three years preceding the date of application]. |
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SECTION 1.07. Section 2303.151(c), Occupations Code, is |
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amended to read as follows: |
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(c) It is a defense to an action initiated by the department |
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for a violation of this section that the operator of the facility |
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unsuccessfully attempted in writing or electronically to obtain |
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information from the governmental entity with which the vehicle is |
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registered. |
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SECTION 1.08. Section 2303.155(b), Occupations Code, is |
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amended to read as follows: |
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(b) The operator of a vehicle storage facility or |
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governmental vehicle storage facility may charge the owner of a |
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vehicle stored or parked at the facility: |
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(1) a notification fee set in a reasonable amount for |
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providing notice under this subchapter, including notice under |
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Section 2303.154(c); |
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(2) an impoundment fee of $20 for any action that: |
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(A) is taken by or at the direction of the owner |
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or operator of the facility; and |
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(B) is necessary to preserve, protect, or service |
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a vehicle stored or parked at the facility; |
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(3) a daily storage fee of: |
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(A) not less than $5 and not more than $20 for |
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each day or part of a day the vehicle is stored at the facility if |
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the vehicle is not longer than 25 feet; or |
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(B) $35 for each day or part of a day the vehicle |
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is stored at the facility if the vehicle is longer than 25 feet; |
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[and] |
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(4) any fee that is required to be submitted to a law |
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enforcement agency, the agency's authorized agent, or a |
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governmental entity; and |
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(5) a fee in an amount set by the commission for the |
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remediation, recovery, or capture of an environmental or biological |
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hazard. |
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SECTION 1.09. Subchapter D, Chapter 2303, Occupations Code, |
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is amended by adding Section 2303.160 to read as follows: |
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Sec. 2303.160. DRUG TESTING OF EMPLOYEES. (a) A license |
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holder shall establish a drug testing policy for employees of the |
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vehicle storage facility operated by the license holder. A license |
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holder that establishes a drug testing policy under this subsection |
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may adopt the model drug testing policy adopted by the commission or |
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may use another drug testing policy that the department determines |
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is at least as stringent as the policy adopted by the commission. |
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(b) The commission by rule shall adopt a model drug testing |
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policy for use by license holders. The model drug testing policy |
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must be designed to ensure the safety of the public through |
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appropriate drug testing and to protect the rights of employees. |
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The model drug testing policy must: |
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(1) require at least one scheduled drug test each year |
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for each employee of a vehicle storage facility who has direct |
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contact with the public; and |
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(2) authorize random, unannounced drug testing for |
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employees described by Subdivision (1). |
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SECTION 1.10. Section 2303.302, Occupations Code, is |
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amended to read as follows: |
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Sec. 2303.302. CRIMINAL PENALTIES. (a) A person commits an |
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offense if the person: |
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(1) violates the licensing requirements of [operates a
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vehicle storage facility for which a license has not been issued
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under] this chapter; or |
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(2) employs an individual who does not hold an |
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appropriate license required by [violates a rule adopted by the
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commission under] this chapter. |
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(b) An offense under this section is a Class C misdemeanor |
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[punishable by a fine of not less than $200 and not more than $500]. |
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[(c)
A person commits a separate offense for each day the
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person violates this section.] |
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SECTION 1.11. Subchapter G, Chapter 2303, Occupations Code, |
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is amended by adding Sections 2303.304 and 2303.305 to read as |
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follows: |
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Sec. 2303.304. ADMINISTRATIVE PENALTY. (a) The commission |
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may impose an administrative penalty on a person under Subchapter |
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F, Chapter 51, regardless of whether the person holds a |
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registration, permit, or license under this chapter, if the person |
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violates: |
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(1) this chapter or a rule adopted under this chapter; |
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or |
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(2) a rule or order of the executive director or |
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commission. |
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(b) An administrative penalty may not be imposed unless the |
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person charged with a violation is provided the opportunity for a |
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hearing. |
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Sec. 2303.305. CEASE AND DESIST ORDER; INJUNCTION; CIVIL |
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PENALTY. (a) The executive director may issue a cease and desist |
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order as necessary to enforce this chapter if the executive |
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director determines that the action is necessary to prevent a |
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violation of this chapter and to protect public health and safety. |
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(b) The attorney general or executive director may |
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institute an action for an injunction or a civil penalty under this |
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chapter as provided by Section 51.352. |
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SECTION 1.12. Subtitle A, Title 14, Occupations Code, is |
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amended by adding Chapter 2308 to read as follows: |
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CHAPTER 2308. VEHICLE TOWING |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 2308.001. SHORT TITLE. This chapter may be cited as |
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the Texas Towing Act. |
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Sec. 2308.002. DEFINITIONS. In this chapter: |
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(1) "Advisory board" means the Towing and Storage |
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Advisory Board. |
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(2) "Commission" means the Texas Commission of |
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Licensing and Regulation. |
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(3) "Consent tow" means any tow of a motor vehicle |
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initiated by the owner or operator of the vehicle or by a person who |
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has possession, custody, or control of the vehicle. The term does |
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not include a tow of a motor vehicle initiated by a peace officer |
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investigating a traffic accident or a traffic incident that |
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involves the vehicle. |
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(4) "Department" means the Texas Department of |
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Licensing and Regulation. |
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(5) "Driver's license" has the meaning assigned by |
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Section 521.001, Transportation Code. |
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(6) "Nonconsent tow" means any tow of a motor vehicle |
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that is not a consent tow. |
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(7) "Parking facility" means public or private |
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property used, wholly or partly, for restricted or paid vehicle |
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parking. The term includes: |
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(A) a restricted space on a portion of an |
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otherwise unrestricted parking facility; and |
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(B) a commercial parking lot, a parking garage, |
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and a parking area serving or adjacent to a business, church, |
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school, home, apartment complex, property governed by a property |
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owners' association, or government-owned property leased to a |
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private person, including: |
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(i) a portion of the right-of-way of a |
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public roadway that is leased by a governmental entity to the |
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parking facility owner; and |
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(ii) the area between the facility's |
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property line abutting a county or municipal public roadway and the |
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center line of the roadway's drainage way or the curb of the |
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roadway, whichever is farther from the facility's property line. |
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(8) "Parking facility owner" means: |
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(A) an owner or operator of a parking facility, |
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including a lessee, employee, or agent of an owner or operator; |
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(B) a property owners' association having |
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control under a dedicatory instrument, as that term is defined in |
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Section 202.001, Property Code, over assigned or unassigned parking |
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areas; or |
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(C) a property owner having an exclusive right |
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under a dedicatory instrument, as that term is defined in Section |
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202.001, Property Code, to use a parking space. |
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(9) "Property owners' association" has the meaning |
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assigned by Section 202.001, Property Code. |
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(10) "Public roadway" means a public street, alley, |
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road, right-of-way, or other public way, including paved and |
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unpaved portions of the right-of-way. |
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(11) "Tow truck" means a motor vehicle, including a |
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wrecker, equipped with a mechanical device used to tow, winch, or |
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otherwise move another motor vehicle. |
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(12) "Towing company" means an individual, |
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association, corporation, or other legal entity that controls, |
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operates, or directs the operation of one or more tow trucks over a |
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public roadway in this state but does not include a political |
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subdivision of the state. |
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(13) "Unauthorized vehicle" means a vehicle parked, |
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stored, or located on a parking facility without the consent of the |
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parking facility owner. |
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(14) "Vehicle" means a device in, on, or by which a |
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person or property may be transported on a public roadway. The term |
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includes an operable or inoperable automobile, truck, motorcycle, |
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recreational vehicle, or trailer but does not include a device |
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moved by human power or used exclusively on a stationary rail or |
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track. |
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(15) "Vehicle owner" means a person: |
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(A) named as the purchaser or transferee in the |
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certificate of title issued for the vehicle under Chapter 501, |
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Transportation Code; |
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(B) in whose name the vehicle is registered under |
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Chapter 502, Transportation Code, or a member of the person's |
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immediate family; |
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(C) who holds the vehicle through a lease |
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agreement; |
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(D) who is an unrecorded lienholder entitled to |
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possess the vehicle under the terms of a chattel mortgage; or |
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(E) who is a lienholder holding an affidavit of |
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repossession and entitled to repossess the vehicle. |
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(16) "Vehicle storage facility" means a vehicle |
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storage facility, as defined by Section 2303.002, that is operated |
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by a person who holds a license issued under Chapter 2303 to operate |
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the facility. |
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Sec. 2308.003. STUDY OF NONCONSENT TOWING FEES. (a) The |
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department shall study the fees charged by license and permit |
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holders for nonconsent tows, compliance of license and permit |
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holders with local regulations governing towing fees, and consumer |
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complaints related to fees for nonconsent tows. Not later than |
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January 1, 2009, the department shall report to the legislature the |
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findings of the study, including any recommendations for state |
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regulation of towing fees. |
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(b) This section expires September 1, 2009. |
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[Sections 2308.004-2308.050 reserved for expansion] |
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SUBCHAPTER B. ADVISORY BOARD |
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Sec. 2308.051. TOWING AND STORAGE ADVISORY BOARD. (a) The |
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advisory board consists of the following members appointed by the |
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presiding officer of the commission with the approval of the |
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commission: |
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(1) one representative of a towing company operating |
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in a county with a population of less than one million; |
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(2) one representative of a towing company operating |
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in a county with a population of one million or more; |
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(3) one owner of a vehicle storage facility located in |
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a county with a population of less than one million; |
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(4) one owner of a vehicle storage facility located in |
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a county with a population of one million or more; |
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(5) one parking facility owner; |
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(6) one law enforcement officer from a county with a |
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population of less than one million; |
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(7) one law enforcement officer from a county with a |
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population of one million or more; and |
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(8) one representative of property and casualty |
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insurers who write automobile insurance in this state. |
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(b) The advisory board must include representation for each |
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classification of towing. |
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(c) An appointment to the advisory board shall be made |
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without regard to the race, color, disability, sex, religion, age, |
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or national origin of the appointee. |
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Sec. 2308.052. TERMS; VACANCIES. (a) Advisory board |
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members serve terms of six years, with the terms of two or three |
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members, as appropriate, expiring on February 1 of each |
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odd-numbered year. |
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(b) A member may not serve more than two full consecutive |
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terms. |
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(c) If a vacancy occurs during a term, the presiding officer |
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of the commission shall appoint a replacement who meets the |
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qualifications of the vacated position to serve for the remainder |
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of the term. |
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Sec. 2308.053. PRESIDING OFFICER. The presiding officer of |
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the commission shall appoint one of the advisory board members to |
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serve as presiding officer of the advisory board for a term of one |
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year. The presiding officer of the advisory board may vote on any |
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matter before the advisory board. |
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Sec. 2308.054. COMPENSATION; REIMBURSEMENT OF EXPENSES. |
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Advisory board members may not receive compensation but are |
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entitled to reimbursement for actual and necessary expenses |
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incurred in performing the functions of the advisory board, subject |
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to the General Appropriations Act. |
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Sec. 2308.055. MEETINGS. The advisory board shall meet |
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twice annually and may meet at other times at the call of the |
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presiding officer of the commission or the executive director. |
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Sec. 2308.056. GENERAL POWERS AND DUTIES. The executive |
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director or commission, as appropriate, may take action as |
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necessary to administer and enforce this chapter. |
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Sec. 2308.057. RULES. (a) The commission shall adopt |
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rules for permitting tow trucks and licensing towing operators and |
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towing companies. |
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(b) The commission by rule shall adopt standards of conduct |
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for license and permit holders under this chapter. |
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Sec. 2308.058. FEES. The commission shall establish and |
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collect reasonable and necessary fees in amounts sufficient to |
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cover the costs of administering this chapter. |
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Sec. 2308.059. PERIODIC AND RISK-BASED INSPECTIONS. (a) |
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The department may enter and inspect at any time during business |
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hours: |
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(1) the place of business of any person regulated |
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under this chapter; or |
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(2) any place in which the department has reasonable |
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cause to believe that a license or permit holder is in violation of |
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this chapter or in violation of a rule or order of the commission or |
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executive director. |
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(b) The department shall conduct additional inspections |
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based on a schedule of risk-based inspections using the following |
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criteria: |
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(1) the type and nature of the towing company or |
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operator; |
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(2) the inspection history; |
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(3) any history of complaints involving the towing |
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company or operator; and |
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(4) any other factor determined by the commission by |
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rule. |
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(c) The towing company shall pay a fee for each risk-based |
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inspection performed under this section. The commission by rule |
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shall set the amount of the fee. |
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(d) In conducting an inspection under this section, the |
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department may inspect a vehicle, a facility, business records, or |
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any other place or thing reasonably required to enforce this |
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chapter or a rule or order adopted under this chapter. |
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Sec. 2308.060. POWERS AND DUTIES OF ADVISORY BOARD. The |
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advisory board shall provide advice and recommendations to the |
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department on technical matters relevant to the administration and |
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enforcement of this chapter, including examination content, |
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licensing standards, and continuing education requirements. |
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Sec. 2308.061. PERSONNEL. The department may employ |
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personnel necessary to administer and enforce this chapter. |
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[Sections 2308.062-2308.100 reserved for expansion] |
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SUBCHAPTER C. TOW TRUCK PERMIT REQUIREMENTS |
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Sec. 2308.101. PERMIT REQUIRED. A tow truck may not be used |
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for consent towing or nonconsent towing on a public roadway in this |
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state unless an appropriate permit has been issued for the tow truck |
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under this subchapter. Each tow truck requires a separate permit. |
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Sec. 2308.102. APPLICATION REQUIREMENTS. (a) An applicant |
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for a permit under this subchapter must submit to the department: |
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(1) a completed application on a form prescribed by |
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the executive director; |
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(2) evidence of insurance or financial responsibility |
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required under this subchapter; |
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(3) the required fees; and |
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(4) any other information required by the executive |
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director. |
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(b) The department may conduct an examination of any |
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criminal conviction of an applicant, including by obtaining any |
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criminal history record information permitted by law. |
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Sec. 2308.103. REQUIREMENTS FOR INCIDENT MANAGEMENT TOWING |
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PERMIT. (a) An incident management towing permit is required for a |
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tow truck used to perform any nonconsent tow initiated by a peace |
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officer, including a tow authorized under Section 545.3051, |
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Transportation Code. |
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(b) To be eligible for an incident management towing permit, |
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an applicant must submit evidence that: |
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(1) the tow truck is equipped to tow light-duty or |
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heavy-duty vehicles according to the manufacturer's towing |
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guidelines; |
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(2) the applicant has at least $500,000 of liability |
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insurance for the tow truck; and |
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(3) the applicant has at least $50,000 of cargo |
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insurance for the tow truck. |
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(c) A tow truck permitted under this section may also be |
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used for private property towing and consent towing. |
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(d) When a tow truck is used for a nonconsent tow initiated |
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by a peace officer under Section 545.3051, Transportation Code, the |
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permit holder is an agent of law enforcement and is subject to |
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Section 545.3051(e), Transportation Code. |
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Sec. 2308.104. REQUIREMENTS FOR PRIVATE PROPERTY TOWING |
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PERMIT. (a) A private property towing permit is required for a tow |
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truck used to perform a nonconsent tow authorized by a parking |
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facility owner under this chapter. |
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(b) To be eligible for a private property towing permit, an |
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applicant must submit evidence that: |
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(1) the tow truck is equipped to tow light-duty or |
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heavy-duty vehicles according to the manufacturer's towing |
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guidelines; |
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(2) the applicant has at least $300,000 of liability |
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insurance for the tow truck; and |
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(3) the applicant has at least $50,000 of cargo |
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insurance for the tow truck. |
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(c) A tow truck permitted under this section may also be |
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used for consent towing but not for incident management towing. |
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Sec. 2308.105. REQUIREMENTS FOR CONSENT TOWING PERMIT. (a) |
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A consent towing permit is required for a tow truck used to perform |
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a consent tow authorized by the vehicle owner. |
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(b) To be eligible for a consent towing permit, an applicant |
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must submit evidence that: |
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(1) the tow truck is equipped to tow light-duty or |
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heavy-duty vehicles according to the manufacturer's towing |
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guidelines; and |
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(2) the applicant has at least $300,000 of liability |
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insurance for the tow truck. |
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(c) A tow truck permitted under this section may not be used |
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for nonconsent towing, including incident management towing and |
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private property towing. |
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Sec. 2308.106. DEPARTMENT APPROVAL; ISSUANCE OF PERMIT. |
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(a) The department shall issue a permit under this subchapter to an |
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applicant who meets the requirements for a permit. The department |
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may deny an application if the applicant has had a permit revoked |
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under this chapter. |
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(b) The department shall issue a certificate containing a |
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single unique permit number for each tow truck, regardless of |
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whether the permit holder holds more than one permit. |
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Sec. 2308.107. PERMIT RENEWAL. (a) A permit issued under |
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this chapter is valid for one year. The department may adopt a |
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system under which permits expire at different times during the |
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year. |
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(b) The department shall notify the permit holder at least |
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30 days before the date a permit expires. The notice must be in |
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writing and sent to the permit holder's last known address |
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according to the records of the department. |
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(c) A permit holder may renew a permit under this chapter |
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by: |
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(1) paying a fee for each tow truck; and |
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(2) providing to the department evidence of continuing |
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insurance or financial responsibility in an amount required by this |
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chapter. |
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Sec. 2308.108. CAB CARDS. (a) The department shall issue a |
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cab card for each tow truck issued a permit. The cab card must: |
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(1) show the permit number of the certificate issued |
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under Section 2308.106(b); |
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(2) show the type of permit issued; |
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(3) show the vehicle unit number; |
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(4) show the vehicle identification number; and |
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(5) contain a statement that the vehicle has been |
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issued a permit under this subchapter. |
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(b) The department shall issue a cab card when the |
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department issues or renews a permit under this subchapter. |
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(c) A permit holder must keep the cab card in the cab of each |
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permitted tow truck. |
|
(d) The department may order a permit holder to surrender a |
|
cab card if the permit is suspended or revoked under this chapter. |
|
(e) If the department determines that the cab card system |
|
described by Subsections (a) through (c) is not an efficient means |
|
of enforcing this subchapter, the executive director by rule may |
|
adopt an alternative method that is accessible by law enforcement |
|
personnel in the field and provides for the enforcement of the |
|
permit requirements of this subchapter. |
|
(f) A cab card or a permit issued under the alternative |
|
method described in Subsection (e) must be valid for the same |
|
duration as a certificate issued under Section 2308.106. |
|
Sec. 2308.109. DISPLAY OF INFORMATION ON TOW TRUCK. (a) A |
|
permit holder shall display on each permitted tow truck: |
|
(1) the permit holder's name; |
|
(2) the permit holder's telephone number; |
|
(3) the city and state where the permit holder is |
|
located; and |
|
(4) the permit number for the tow truck. |
|
(b) The information required to be displayed must be: |
|
(1) printed in letters and numbers that are at least |
|
two inches high and in a color that contrasts with the color of the |
|
background surface; and |
|
(2) permanently affixed in conspicuous places on both |
|
sides of the tow truck. |
|
Sec. 2308.110. FINANCIAL RESPONSIBILITY. (a) A permit |
|
holder shall maintain liability insurance for each tow truck |
|
according to the requirements under this subchapter. |
|
(b) Unless state law permits a tow truck to be self-insured, |
|
any insurance required for a tow truck must be obtained from an |
|
insurer authorized to do business in this state. |
|
(c) An applicant or permit holder must file with the |
|
department evidence of insurance as required by this subchapter. |
|
(d) A permit holder shall keep evidence of insurance in a |
|
form approved by the department in the cab of each permitted tow |
|
truck. |
|
[Sections 2308.111-2308.150 reserved for expansion] |
|
SUBCHAPTER D. LICENSE REQUIREMENTS |
|
Sec. 2308.151. LICENSE REQUIRED. Unless the person holds |
|
an appropriate license under this subchapter, a person may not: |
|
(1) perform towing operations; or |
|
(2) operate a towing company. |
|
Sec. 2308.152. GENERAL LICENSE APPLICATION REQUIREMENTS. |
|
An applicant for a license under this subchapter must submit to the |
|
department: |
|
(1) a completed application on a form prescribed by |
|
the executive director; |
|
(2) the required fees; and |
|
(3) any other information required by commission rule. |
|
Sec. 2308.153. INCIDENT MANAGEMENT TOWING OPERATOR'S |
|
LICENSE. (a) An incident management towing operator's license is |
|
required to operate a tow truck permitted under Section 2308.103. |
|
(b) An applicant for an incident management towing |
|
operator's license must: |
|
(1) be a licensed Texas driver; and |
|
(2) be certified by the National Drivers Certification |
|
Program of the Towing and Recovery Association of America or |
|
another certification program approved by the department. |
|
Sec. 2308.154. PRIVATE PROPERTY TOWING OPERATOR'S LICENSE. |
|
(a) A private property towing operator's license is required to |
|
operate a tow truck permitted under Section 2308.104. |
|
(b) An applicant for a private property towing operator's |
|
license must: |
|
(1) be a licensed Texas driver; and |
|
(2) be certified by the National Drivers Certification |
|
Program of the Towing and Recovery Association of America or |
|
another certification program approved by the department. |
|
Sec. 2308.155. CONSENT TOWING OPERATOR'S LICENSE. (a) A |
|
consent towing operator's license is required to operate a tow |
|
truck permitted under Section 2308.105. |
|
(b) An applicant for a consent towing operator's license |
|
must be a licensed Texas driver. |
|
Sec. 2308.156. NONTRANSFERABILITY OF LICENSE. A license |
|
issued by the executive director is valid throughout this state and |
|
is not transferable. |
|
Sec. 2308.157. CONTINUING EDUCATION. (a) The commission by |
|
rule shall recognize, prepare, or administer continuing education |
|
programs for license holders. Except as provided by Subsection |
|
(c), each license holder must complete a continuing education |
|
program before the license holder may renew the license holder's |
|
license. |
|
(b) A person recognized by the commission to offer a |
|
continuing education program must: |
|
(1) register with the department; and |
|
(2) comply with rules adopted by the commission |
|
relating to continuing education. |
|
(c) To renew an incident management towing operator's |
|
license the first time, a license holder must complete a |
|
professional development course relating to towing that is |
|
licensed or certified by the National Safety Council or another |
|
course approved and administered by the department under this |
|
section. |
|
Sec. 2308.158. DRUG TESTING OF TOWING OPERATORS. (a) A |
|
towing company shall establish a drug testing policy for towing |
|
operators. A towing company that establishes a drug testing policy |
|
under this subsection may adopt the model drug testing policy |
|
adopted by the commission or may use another drug testing policy |
|
that the department determines is at least as stringent as the |
|
policy adopted by the commission. |
|
(b) The commission by rule shall adopt a model drug testing |
|
policy for use by a towing company. The model drug testing policy |
|
must be designed to ensure the safety of the public through |
|
appropriate drug testing and to protect the rights of employees. |
|
The model drug testing policy must: |
|
(1) require at least one scheduled drug test each year |
|
for each towing operator; and |
|
(2) authorize random, unannounced drug testing for |
|
towing operators. |
|
Sec. 2308.159. LICENSE RENEWAL. (a) A license issued under |
|
this subchapter is valid for one year. The department may adopt a |
|
system under which licenses expire at different times during the |
|
year. |
|
(b) The department shall notify the license holder at least |
|
30 days before the date a license expires. The notice must be in |
|
writing and sent to the license holder's last known address |
|
according to the records of the department. |
|
(c) A license holder may renew a license issued under this |
|
chapter by: |
|
(1) paying a renewal fee; and |
|
(2) completing continuing education as required by |
|
Section 2308.157. |
|
ARTICLE 2. CONSOLIDATION OF LAWS RELATED TO TOWING |
|
SECTION 2.01. Sections 643.201 and 643.203 through 643.208, |
|
Transportation Code, are transferred to Chapter 2308, Occupations |
|
Code, designated as Subchapter E, Chapter 2308, Occupations Code, |
|
renumbered as Sections 2308.201 through 2308.207, Occupations |
|
Code, and amended to read as follows: |
|
SUBCHAPTER E. LOCAL REGULATION OF TOWING |
|
Sec. 2308.201 [643.201]. TOW TRUCK REGULATION BY POLITICAL |
|
SUBDIVISIONS. (a) A [In addition to the registration requirements
|
|
of Subchapter B, a] political subdivision of this state may |
|
regulate the operation of a tow truck to the extent allowed by |
|
federal law, except that a political subdivision may not issue a |
|
more restrictive regulation for the use of lighting equipment on a |
|
tow truck than is imposed by Title 7, Transportation Code [this
|
|
title]. |
|
(b) A political subdivision may not require the |
|
registration of a tow truck that performs consent tows in the |
|
political subdivision unless the owner of the tow truck has a place |
|
of business in the territory of the political subdivision. |
|
(c) A political subdivision may require the registration of |
|
a tow truck that performs a nonconsent tow in the political |
|
subdivision, regardless of whether the owner of the tow truck has a |
|
place of business in the territory of the political subdivision. |
|
(d) A political subdivision may not require a person who |
|
holds a driver's license or commercial driver's license to obtain a |
|
license or permit for operating a tow truck unless the person |
|
performs nonconsent tows in the territory of the political |
|
subdivision. A fee charged for a license or permit may not exceed |
|
$15. |
|
[(e) In this section:
|
|
[(1)
"Commercial driver's license"
has the meaning
|
|
assigned by Section 522.003.
|
|
[(2)
"Consent tow"
means any tow of a motor vehicle
|
|
initiated by the owner or operator of the vehicle or by a person who
|
|
has possession, custody, or control of the vehicle.
The term does
|
|
not include a tow of a motor vehicle initiated by a peace officer
|
|
investigating a traffic accident or a traffic incident that
|
|
involves the vehicle.
|
|
[(3)
"Driver's license"
has the meaning assigned by
|
|
Section 521.001.
|
|
[(4)
"Nonconsent tow"
means any tow of a motor vehicle
|
|
that is not a consent tow.] |
|
Sec. 2308.202 [643.203]. REGULATION BY POLITICAL |
|
SUBDIVISIONS OF FEES FOR NONCONSENT TOWS. The governing body of a |
|
political subdivision may regulate the fees that may be charged or |
|
collected in connection with a nonconsent tow originating in the |
|
territory of the political subdivision. |
|
Sec. 2308.203 [643.204]. TOWING FEE STUDIES. (a) The |
|
governing body of a political subdivision that regulates nonconsent |
|
tow fees shall establish procedures by which a towing company may |
|
request that a towing fee study be performed. |
|
(b) The governing body of the political subdivision shall |
|
establish or amend the allowable fees for nonconsent tows at |
|
amounts that represent the fair value of the services of a towing |
|
company and are reasonably related to any financial or accounting |
|
information provided to the governing body. |
|
Sec. 2308.204 [643.205]. FEES FOR NONCONSENT TOWS IN OTHER |
|
AREAS. (a) In an area in which no political subdivision regulates |
|
the fees that may be charged or collected for a nonconsent tow from |
|
private property, a towing company may charge and collect a fee for |
|
the tow of a motor vehicle from private property in an amount not to |
|
exceed an amount equal to 150 percent of the fee that the towing |
|
company would have been authorized to charge for a nonconsent tow |
|
made at the request of a peace officer of the political subdivision |
|
in which the private property is located. |
|
(b) A towing company may charge and collect a fee for the tow |
|
of a vehicle, with a gross vehicle weight rating in excess of 26,000 |
|
pounds, from private property in an amount not to exceed an amount |
|
equal to 125 percent of the fee that the towing company would have |
|
been authorized to charge for a nonconsent tow made at the request |
|
of a peace officer of the political subdivision in which the private |
|
property is located. |
|
Sec. 2308.205 [643.206]. STORAGE OF TOWED VEHICLES. (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. |
|
(b) A storage or notification fee imposed in connection with |
|
a motor vehicle towed to a vehicle storage facility is governed by |
|
Chapter 2303[, Occupations Code]. |
|
(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. |
|
Sec. 2308.206 [643.207]. REQUIRED FILING. (a) Before |
|
January 31 of each year, a towing company shall file with the |
|
department a schedule showing each towing fee that the towing |
|
company charges or collects in connection with a nonconsent tow. |
|
(b) If a political subdivision begins regulating nonconsent |
|
tow fees, the fees shall be reported to the department by the towing |
|
company before the 30th day after the regulation goes into effect. |
|
(c) Any changes in nonconsent tow fees regulated by a |
|
political subdivision shall be reported to the department by the |
|
towing company before the 30th day after the effective date of the |
|
change. |
|
(d) The department shall make towing fee schedules |
|
available on the department's Internet website. The department |
|
shall make no determination as to the reasonableness of a towing fee |
|
schedule. |
|
(e) A license or permit holder may not charge a fee for a |
|
nonconsent tow that is greater than the fee listed in the schedule |
|
most recently submitted to the department under this section. |
|
Sec. 2308.207 [643.208]. REQUIRED POSTING. (a) All |
|
[towing and] storage fees shall be posted at the licensed vehicle |
|
storage facility to which the motor vehicle has been delivered and |
|
shall be posted in view of the person who claims the vehicle. |
|
(b) A vehicle storage facility accepting a nonconsent towed |
|
vehicle shall post a sign in one inch letters stating "Nonconsent |
|
tow fees schedules available on request." The vehicle storage |
|
facility shall provide a copy of a nonconsent towing fees schedule |
|
on request. |
|
SECTION 2.02. Section 684.101, Transportation Code, is |
|
transferred to Subchapter E, Chapter 2308, Occupations Code, and |
|
renumbered as Section 2308.208, Occupations Code, to read as |
|
follows: |
|
Sec. 2308.208 [684.101]. MUNICIPAL ORDINANCE REGULATING |
|
UNAUTHORIZED VEHICLES. A municipality may adopt an ordinance that |
|
is identical to this chapter or that imposes additional |
|
requirements that exceed the minimum standards of this chapter but |
|
may not adopt an ordinance conflicting with this chapter. |
|
SECTION 2.03. Sections 684.011, 684.012, 684.0125, |
|
684.013, 684.014, and 684.015, Transportation Code, are |
|
transferred to Chapter 2308, Occupations Code, designated as |
|
Subchapter F, Chapter 2308, Transportation Code, renumbered as |
|
Sections 2308.251 through 2308.256, Occupations Code, and amended |
|
to read as follows: |
|
SUBCHAPTER F. UNAUTHORIZED VEHICLES |
|
Sec. 2308.251 [684.011]. PROHIBITION AGAINST UNATTENDED |
|
VEHICLES IN CERTAIN AREAS. (a) The owner or operator of a vehicle |
|
may not leave unattended on a parking facility a vehicle that: |
|
(1) is in or obstructs a vehicular traffic aisle, |
|
entry, or exit of the parking facility; |
|
(2) prevents a vehicle from exiting a parking space in |
|
the facility; |
|
(3) is in or obstructs a fire lane marked according to |
|
Subsection (c); or |
|
(4) does not display the special license plates issued |
|
under Section 504.201, Transportation Code, or the disabled parking |
|
placard issued under Chapter 681, Transportation Code, for a |
|
vehicle transporting a disabled person and is in a parking space |
|
that is designated for the exclusive use of a vehicle transporting a |
|
disabled person. |
|
(b) Subsection (a) does not apply to an emergency vehicle |
|
that is owned by, or the operation of which is authorized by, a |
|
governmental entity. |
|
(c) If a government regulation governing the marking of a |
|
fire lane applies to a parking facility, a fire lane in the facility |
|
must be marked as provided by the regulation. If a government |
|
regulation on the marking of a fire lane does not apply to the |
|
parking facility, all curbs of fire lanes must be painted red and be |
|
conspicuously and legibly marked with the warning "FIRE LANE--TOW |
|
AWAY ZONE" in white letters at least three inches tall, at intervals |
|
not exceeding 50 feet. |
|
Sec. 2308.252 [684.012]. REMOVAL AND STORAGE OF |
|
UNAUTHORIZED VEHICLE. (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 G [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 2308.251 |
|
[684.011] or 2308.253 [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]. |
|
(b) A parking facility owner is considered to have given |
|
notice under Subsection (a)(3) if: |
|
(1) a conspicuous notice has been attached to the |
|
vehicle's front windshield or, if the vehicle has no front |
|
windshield, to a conspicuous part of the vehicle stating: |
|
(A) that the vehicle is in a parking space in |
|
which the vehicle is not authorized to be parked; |
|
(B) a description of all other unauthorized areas |
|
in the parking facility; |
|
(C) that the vehicle will be towed at the expense |
|
of the owner or operator of the vehicle if it remains in an |
|
unauthorized area of the parking facility; and |
|
(D) a telephone number that is answered 24 hours |
|
a day to enable the owner or operator of the vehicle to locate the |
|
vehicle; and |
|
(2) a notice is mailed after the notice is attached to |
|
the vehicle as provided by Subdivision (1) to the owner of the |
|
vehicle by certified mail, return receipt requested, to the last |
|
address shown for the owner according to the vehicle registration |
|
records of the Texas Department of Transportation, or if the |
|
vehicle is registered in another state, the appropriate agency of |
|
that state. |
|
(c) The notice under Subsection (b)(2) must: |
|
(1) state that the vehicle is in a space in which the |
|
vehicle is not authorized to park; |
|
(2) describe all other unauthorized areas in the |
|
parking facility; |
|
(3) contain a warning that the unauthorized vehicle |
|
will be towed at the expense of the owner or operator of the vehicle |
|
if it is not removed from the parking facility before the 15th day |
|
after the postmark date of the notice; and |
|
(4) state a telephone number that is answered 24 hours |
|
a day to enable the owner or operator to locate the vehicle. |
|
(d) The mailing of a notice under Subsection (b)(2) is not |
|
required if after the notice is attached under Subsection (b)(1) |
|
the owner or operator of the vehicle leaves the vehicle in another |
|
location where parking is unauthorized for the vehicle according to |
|
the notice. |
|
Sec. 2308.253 [684.0125]. UNATTENDED VEHICLES ON PARKING |
|
FACILITY OF APARTMENT COMPLEX; REMOVAL AND STORAGE OF VEHICLES. |
|
(a) This section applies only to a parking facility serving or |
|
adjacent to an apartment complex consisting of one or more |
|
residential apartment units and any adjacent real property serving |
|
the apartment complex. |
|
(b) The owner or operator of a vehicle may not leave |
|
unattended on a parking facility a vehicle that: |
|
(1) obstructs a gate that is designed or intended for |
|
the use of pedestrians or vehicles; |
|
(2) obstructs pedestrian or vehicular access to an |
|
area that is used for the placement of a garbage or refuse |
|
receptacle used in common by residents of the apartment complex; |
|
(3) is in or obstructs a restricted parking area or |
|
parking space designated under Subchapter G [C], including a space |
|
designated for the use of employees or maintenance personnel of the |
|
parking facility or apartment complex; |
|
(4) is in a tow away zone, other than a fire lane |
|
covered by Section 2308.251(c) [684.011(c)], that is brightly |
|
painted and is conspicuously and legibly marked with the warning |
|
"TOW AWAY ZONE" in contrasting letters at least three inches tall; |
|
(5) is a semitrailer, trailer, or truck-tractor, as |
|
defined by Chapter 502, Transportation Code, unless the owner or |
|
operator of the vehicle is permitted under the terms of a rental or |
|
lease agreement with the apartment complex to leave the unattended |
|
vehicle on the parking facility; or |
|
(6) is leaking a fluid that presents a hazard or threat |
|
to persons or property. |
|
(c) A parking facility owner may not have an emergency |
|
vehicle described by Section 2308.251(b) [684.011(b)] removed from |
|
the parking facility. |
|
(d) Except as provided by a contract described by Subsection |
|
(e), a parking facility owner may not have a vehicle removed from |
|
the parking facility merely because the vehicle does not display: |
|
(1) an unexpired license plate or registration |
|
insignia issued for the vehicle under Chapter 502, Transportation |
|
Code, or the vehicle registration law of another state or country; |
|
or |
|
(2) a valid vehicle inspection certificate issued |
|
under Chapter 548, Transportation Code, or the vehicle inspection |
|
law of another state or country. |
|
(e) A contract provision providing for the removal from a |
|
parking facility of a vehicle that does not display an unexpired |
|
license plate or registration insignia or a valid inspection |
|
certificate is valid only if the provision requires the owner or |
|
operator of the vehicle to be given at least 10 days' written notice |
|
that the vehicle will be towed from the facility at the vehicle |
|
owner's or operator's expense if it is not removed from the parking |
|
facility. The notice must be: |
|
(1) delivered in person to the owner or operator of the |
|
vehicle; or |
|
(2) sent by certified mail, return receipt requested, |
|
to that owner or operator. |
|
(f) This section may not be construed: |
|
(1) to authorize the owner or operator of a vehicle to |
|
leave an unattended vehicle on property that is not designed or |
|
intended for the parking of vehicles; or |
|
(2) to limit or restrict the enforcement of Chapter |
|
683, Transportation Code, the abandoned motor vehicle law. |
|
(g) A provision of an apartment lease or rental agreement |
|
entered into or renewed on or after January 1, 2004, that is in |
|
conflict or inconsistent with this section is void and may not be |
|
enforced. |
|
Sec. 2308.254 [684.013]. LIMITATION ON PARKING FACILITY |
|
OWNER'S AUTHORITY TO REMOVE UNAUTHORIZED VEHICLE. A parking |
|
facility owner may not have an unauthorized vehicle removed from |
|
the facility except: |
|
(1) as provided by this chapter or a municipal |
|
ordinance that complies with Section 2308.208 [684.101]; or |
|
(2) under the direction of a peace officer or the owner |
|
or operator of the vehicle. |
|
Sec. 2308.255 [684.014]. TOWING COMPANY'S AUTHORITY TO |
|
REMOVE AND STORE UNAUTHORIZED VEHICLE. (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 2308.252(a)(1) [684.012(a)(1)]; or |
|
(B) the owner or operator received notice under |
|
Section 2308.252(a)(2) [684.012(a)(2)] or the parking facility |
|
owner gave notice complying with Section 2308.252(a)(3) |
|
[684.012(a)(3)]; or |
|
(2) the vehicle is: |
|
(A) left in violation of Section 2308.251 |
|
[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. |
|
(b) A towing company may not remove an unauthorized vehicle |
|
except under: |
|
(1) this chapter; |
|
(2) a municipal ordinance that complies with Section |
|
2308.208 [684.101]; or |
|
(3) the direction of a peace officer or the owner or |
|
operator of the vehicle. |
|
(c) Only a towing company that is insured against liability |
|
for property damage incurred in towing a vehicle may remove and |
|
store an unauthorized vehicle under this section. |
|
(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. |
|
Sec. 2308.256 [684.015]. VEHICLE STORAGE FACILITY'S DUTY |
|
TO REPORT AFTER ACCEPTING UNAUTHORIZED VEHICLE. (a) A vehicle |
|
storage facility accepting a vehicle that is towed under this |
|
chapter shall within two hours after receiving the vehicle report |
|
to the police department of the municipality in which the parking |
|
facility is located, or, if the parking facility is not located in a |
|
municipality having a police department, to the sheriff of the |
|
county in which the parking facility is located: |
|
(1) a general description of the vehicle; |
|
(2) the state and number of the vehicle's license |
|
plate, if any; |
|
(3) the vehicle identification number of the vehicle, |
|
if it can be ascertained; |
|
(4) the location from which the vehicle was towed; and |
|
(5) the name and location of the vehicle storage |
|
facility where the vehicle is being stored. |
|
(b) The report required by this section must be made by |
|
telephone or delivered personally or by facsimile. |
|
SECTION 2.04. Subchapter C, Chapter 684, Transportation |
|
Code, is transferred to Chapter 2308, Occupations Code, and |
|
redesignated as Subchapter G, Chapter 2308, Occupations Code, and |
|
Sections 684.031 through 684.035, Transportation Code, are |
|
renumbered as Sections 2308.301 through 2308.305, Occupations |
|
Code, and amended to read as follows: |
|
SUBCHAPTER G [C]. SIGNS PROHIBITING UNAUTHORIZED VEHICLES AND |
|
DESIGNATING RESTRICTED AREAS |
|
Sec. 2308.301 [684.031]. GENERAL REQUIREMENTS FOR SIGN |
|
PROHIBITING UNAUTHORIZED VEHICLES. (a) Except as provided by |
|
Subsection (a)(2)(B) and Section 2308.304 [684.034] or 2308.305 |
|
[684.035] an unauthorized vehicle may not be towed under Section |
|
2308.252(a)(1) [684.012(a)(1)] unless a sign prohibiting |
|
unauthorized vehicles on a parking facility is: |
|
(1) facing and conspicuously visible to the driver of |
|
a vehicle that enters the facility; |
|
(2) located: |
|
(A) on the right or left side of each driveway or |
|
curb-cut through which a vehicle can enter the facility, including |
|
an entry from an alley abutting the facility; or |
|
(B) at intervals along the entrance so that no |
|
entrance is farther than 25 feet from a sign if: |
|
(i) curbs, access barriers, landscaping, or |
|
driveways do not establish definite vehicle entrances onto a |
|
parking facility from a public roadway other than an alley; and |
|
(ii) the width of an entrance exceeds 35 |
|
feet; |
|
(3) permanently mounted on a pole, post, permanent |
|
wall, or permanent barrier; |
|
(4) installed on the parking facility; and |
|
(5) installed so that the bottom edge of the sign is no |
|
lower than five feet and no higher than eight feet above ground |
|
level. |
|
(b) Except as provided by Section 2308.305 [684.035], an |
|
unauthorized vehicle may be towed under Section 2308.252(a)(1) |
|
[684.012(a)(1)] only if each sign prohibiting unauthorized |
|
vehicles: |
|
(1) is made of weather-resistant material; |
|
(2) is at least 18 inches wide and 24 inches tall; |
|
(3) contains the international symbol for towing |
|
vehicles; |
|
(4) contains a statement describing who may park in |
|
the parking facility and prohibiting all others; |
|
(5) bears the words "Unauthorized Vehicles Will Be |
|
Towed at Owner's or Operator's Expense"; |
|
(6) contains a statement of the days and hours of |
|
towing enforcement; and |
|
(7) contains a number, including the area code, of a |
|
telephone that is answered 24 hours a day to enable an owner or |
|
operator of a vehicle to locate the vehicle. |
|
Sec. 2308.302 [684.032]. COLOR, LAYOUT, AND LETTERING |
|
HEIGHT REQUIREMENTS. (a) Except as provided by Section 2308.305 |
|
[684.035], each sign required by this chapter must comply with the |
|
color, layout, and lettering height requirements of this section. |
|
(b) A bright red international towing symbol, which is a |
|
solid silhouette of a tow truck towing a vehicle on a generally |
|
rectangular white background, at least four inches in height, must |
|
be on the uppermost portion of a sign or on a separate sign placed |
|
immediately above the sign. |
|
(c) The portion of the sign immediately below the |
|
international towing symbol must contain the words "Towing |
|
Enforced" or the information provided by Section 2308.301(b)(4) |
|
[684.031(b)(4)] in lettering at least two inches in height. The |
|
lettering on this portion of the sign must consist of white letters |
|
on a bright red background. |
|
(d) Except as provided by Subsection (e), the next lower |
|
portion of the sign must contain the remaining information required |
|
by Section 2308.301(b) [684.031(b)] displayed in bright red letters |
|
at least one inch in height on a white background. |
|
(e) The bottommost portion of the sign must contain the |
|
telephone number required by Section 2308.301(b) [684.031(b)], in |
|
lettering at least one inch in height and may, if the facility owner |
|
chooses or if an applicable municipal ordinance requires, include |
|
the name and address of the storage facility to which an |
|
unauthorized vehicle will be removed. The lettering on this |
|
portion of the sign must consist of white letters on a bright red |
|
background. |
|
Sec. 2308.303 [684.033]. TELEPHONE NUMBER FOR LOCATING |
|
TOWED VEHICLE REQUIRED. If a parking facility owner posts a sign |
|
described by Sections 2308.301 [684.031] and 2308.302 [684.032], |
|
the owner of a vehicle that is towed from the facility under this |
|
chapter must be able to locate the vehicle by calling the telephone |
|
number on the sign. |
|
Sec. 2308.304 [684.034]. DESIGNATION OF RESTRICTED PARKING |
|
SPACES ON OTHERWISE UNRESTRICTED PARKING FACILITY. A parking |
|
facility owner may designate one or more spaces as restricted |
|
parking spaces on a portion of an otherwise unrestricted parking |
|
facility. Instead of installing a sign at each entrance to the |
|
parking facility as provided by Section 2308.301(a)(2) |
|
[684.031(a)(2)], an owner may place a sign that prohibits |
|
unauthorized vehicles from parking in designated spaces and that |
|
otherwise complies with Sections 2308.301 [684.031] and 2308.302 |
|
[684.032]: |
|
(1) at the right or left side of each entrance to a |
|
designated area or group of parking spaces located on the |
|
restricted portion of the parking facility; or |
|
(2) at the end of a restricted parking space so that |
|
the sign, the top of which must not be higher than seven feet above |
|
the ground, is in front of a vehicle that is parked in the space and |
|
the rear of which is at the entrance of the space. |
|
Sec. 2308.305 [684.035]. INDIVIDUAL PARKING RESTRICTIONS |
|
IN RESTRICTED AREA. (a) A parking facility owner who complies with |
|
Sections 2308.301 [684.031] and 2308.302 [684.032] may impose |
|
further specific parking restrictions in an area to which the signs |
|
apply for individual spaces by installing or painting a |
|
weather-resistant sign or notice on a curb, pole, post, permanent |
|
wall, or permanent barrier so that the sign is in front of a vehicle |
|
that is parked in the space and the rear of which is at the entrance |
|
of the space. |
|
(b) The top of the sign or notice may not be higher than |
|
seven feet above the ground. |
|
(c) The sign or notice must include an indication that the |
|
space is reserved for a particular unit number, person, or type of |
|
person. |
|
(d) The letters on the sign or notice must be at least two |
|
inches in height and must contrast to the color of the curb, wall, |
|
or barrier so they can be read during the day and at night. The |
|
letters are not required to be illuminated or made of reflective |
|
material. |
|
SECTION 2.05. Subchapter D, Chapter 684, Transportation |
|
Code, is transferred to Chapter 2308, Occupations Code, and |
|
redesignated as Subchapter H, Chapter 2308, Occupations Code, and |
|
Sections 684.051 through 684.054, Transportation Code, are |
|
renumbered as Sections 2308.351 through 2308.354, Occupations |
|
Code, and amended to read as follows: |
|
SUBCHAPTER H [D]. REGULATION OF PARKING ON CERTAIN PUBLIC ROADWAY |
|
AREAS |
|
Sec. 2308.351 [684.051]. REMOVAL OF UNAUTHORIZED VEHICLE |
|
FROM LEASED RIGHT-OF-WAY. Unless prohibited by the lease, a |
|
parking facility owner or towing company may remove an unauthorized |
|
vehicle parked in a leased area described by Section |
|
2308.002(7)(B)(i) [684.001(1)(B)(i)] if the owner or towing |
|
company gives notice under Section 2308.252(a)(1), (2), or (3) |
|
[684.012(a)(1), (2), or (3)] and otherwise complies with this |
|
chapter. |
|
Sec. 2308.352 [684.052]. REMOVAL OF UNAUTHORIZED VEHICLE |
|
FROM AREA BETWEEN PARKING FACILITY AND PUBLIC ROADWAY. Unless |
|
prohibited by a municipal ordinance, a parking facility owner or |
|
towing company may remove an unauthorized vehicle any part of which |
|
is in an area described by Section 2308.002(7)(B)(ii) |
|
[684.001(1)(B)(ii)] if notice provided by Section 2308.252(a)(2) |
|
or (3) [684.012(a)(2) or (3)] is given and the owner or towing |
|
company has otherwise complied with this chapter. |
|
Sec. 2308.353 [684.053]. REMOVAL UNDER GOVERNMENTAL |
|
ENTITY'S AUTHORITY OF UNAUTHORIZED VEHICLE PARKED IN RIGHT-OF-WAY. |
|
(a) A governmental entity that has jurisdiction over a public |
|
roadway and that has posted one or more signs in the right-of-way |
|
stating that parking is prohibited in the right-of-way may: |
|
(1) remove or contract with a towing company to remove |
|
an unauthorized vehicle parked in the right-of-way of the public |
|
roadway; or |
|
(2) grant written permission to an abutting parking |
|
facility owner to: |
|
(A) post one or more "No parking in R.O.W." signs |
|
along a common property line of the facility and the roadway; and |
|
(B) remove vehicles from the right-of-way of the |
|
public roadway under this chapter. |
|
(b) A sign under Subsection (a)(2) must: |
|
(1) state that a vehicle parked in the right-of-way |
|
may be towed at the expense of the owner or operator of the vehicle; |
|
(2) be placed facing the public roadway: |
|
(A) on the parking facility owner's property not |
|
more than two feet from the common boundary line; and |
|
(B) at intervals so that no point in the boundary |
|
line is less than 25 feet from a sign posted under this subsection; |
|
and |
|
(3) in all other respects comply with Subchapter G |
|
[C]. |
|
(c) After signs have been posted under Subsection (b), the |
|
parking facility owner or a towing company may remove an |
|
unauthorized vehicle from the right-of-way subject to the |
|
governmental entity's written permission given under Subsection |
|
(a)(2). |
|
Sec. 2308.354 [684.054]. AUTHORITY FOR REMOVAL OF VEHICLE |
|
FROM PUBLIC ROADWAY. (a) Under an ordinance of a municipality |
|
regulating the parking of vehicles in the municipality, to aid in |
|
the enforcement of the ordinance, an employee designated by the |
|
municipality may be authorized to: |
|
(1) immobilize a vehicle parked in the municipality; |
|
and |
|
(2) remove an immobilized vehicle from a public |
|
roadway in the municipality. |
|
(b) A parking facility owner or towing company may not |
|
remove a vehicle from a public roadway except under: |
|
(1) this chapter or a municipal ordinance that |
|
complies with Section 2308.208 [684.101]; or |
|
(2) the direction of a peace officer or the owner or |
|
operator of the vehicle. |
|
SECTION 2.06. Subchapter E, Chapter 684, Transportation |
|
Code, is transferred to Chapter 2308, Occupations Code, and |
|
redesignated as Subchapter I, Chapter 2308, Occupations Code, and |
|
Sections 684.081 through 684.087, Transportation Code, are |
|
renumbered as Sections 2308.401 through 2308.407, Occupations |
|
Code, to read as follows: |
|
SUBCHAPTER I [E]. REGULATION OF TOWING COMPANIES AND PARKING |
|
FACILITY OWNERS |
|
Sec. 2308.401 [684.081]. PARKING FACILITY OWNER PROHIBITED |
|
FROM RECEIVING FINANCIAL GAIN FROM TOWING COMPANY. (a) A parking |
|
facility owner may not directly or indirectly accept anything of |
|
value from a towing company in connection with the removal of a |
|
vehicle from a parking facility. |
|
(b) A parking facility owner may not have a direct or |
|
indirect monetary interest in a towing company that for |
|
compensation removes unauthorized vehicles from a parking facility |
|
in which the parking facility owner has an interest. |
|
Sec. 2308.402 [684.082]. TOWING COMPANY PROHIBITED FROM |
|
FINANCIAL INVOLVEMENT WITH PARKING FACILITY OWNER. (a) A towing |
|
company may not directly or indirectly give anything of value to a |
|
parking facility owner in connection with the removal of a vehicle |
|
from a parking facility. |
|
(b) A towing company may not have a direct or indirect |
|
monetary interest in a parking facility from which the towing |
|
company for compensation removes unauthorized vehicles. |
|
Sec. 2308.403 [684.083]. LIMITATION ON LIABILITY OF PARKING |
|
FACILITY OWNER FOR REMOVAL OR STORAGE OF UNAUTHORIZED VEHICLE. A |
|
parking facility owner who causes the removal of an unauthorized |
|
vehicle is not liable for damages arising from the removal or |
|
storage of the vehicle if the vehicle: |
|
(1) was removed in compliance with this chapter; and |
|
(2) is: |
|
(A) removed by a towing company insured against |
|
liability for property damage incurred in towing a vehicle; and |
|
(B) stored by a vehicle storage facility insured |
|
against liability for property damage incurred in storing a |
|
vehicle. |
|
Sec. 2308.404 [684.084]. CIVIL LIABILITY OF TOWING COMPANY |
|
OR PARKING FACILITY OWNER FOR VIOLATION OF CHAPTER. (a) A towing |
|
company or parking facility owner who violates this chapter is |
|
liable to the owner or operator of the vehicle that is the subject |
|
of the violation for: |
|
(1) damages arising from the removal or storage of the |
|
vehicle; and |
|
(2) towing or storage fees assessed in connection with |
|
the vehicle's removal or storage. |
|
(b) A vehicle's owner or operator is not required to prove |
|
negligence of a parking facility owner or towing company to recover |
|
under Subsection (a). |
|
(c) A towing company or parking facility owner who |
|
intentionally, knowingly, or recklessly violates this chapter is |
|
liable to the owner or operator of the vehicle that is the subject |
|
of the violation for $300 plus three times the amount of fees |
|
assessed in the vehicle's removal, towing, or storage. |
|
(d) In a suit brought under this chapter, the prevailing |
|
party is entitled to recover reasonable attorney's fees. |
|
Sec. 2308.405 [684.085]. VIOLATION OF CHAPTER; FINE. A |
|
violation of this chapter is a misdemeanor punishable by a fine of |
|
not less than $500 or more than $1,500. |
|
Sec. 2308.406 [684.086]. VIOLATION OF CHAPTER; INJUNCTION. |
|
A violation of this chapter may be enjoined under Subchapter E, |
|
Chapter 17, Business & Commerce Code. |
|
Sec. 2308.407 [684.087]. MINOR SIGN OR LETTERING HEIGHT |
|
VARIATIONS. A minor variation of a required or minimum height of a |
|
sign or lettering is not a violation of this chapter. |
|
SECTION 2.07. Sections 685.002 through 685.010, |
|
Transportation Code, are transferred to Chapter 2308, Occupations |
|
Code, designated as Subchapter J, Chapter 2308, Occupations Code, |
|
renumbered as Sections 2308.451 through 2308.459, Occupations |
|
Code, and amended to read as follows: |
|
SUBCHAPTER J. RIGHTS OF OWNERS AND OPERATORS OF STORED VEHICLES |
|
Sec. 2308.451 [685.002]. PAYMENT OF COST OF REMOVAL AND |
|
STORAGE OF VEHICLE. (a) If in a hearing held under this chapter the |
|
court finds that a person or law enforcement agency authorized, |
|
with probable cause, the removal and storage in a vehicle storage |
|
facility of a vehicle, the person who requested the hearing shall |
|
pay the costs of the removal and storage. |
|
(b) If in a hearing held under this chapter the court does |
|
not find that a person or law enforcement agency authorized, with |
|
probable cause, the removal and storage in a vehicle storage |
|
facility of a vehicle, the person or law enforcement agency that |
|
authorized the removal shall: |
|
(1) pay the costs of the removal and storage; or |
|
(2) reimburse the owner or operator for the cost of the |
|
removal and storage paid by the owner or operator. |
|
Sec. 2308.452 [685.003]. RIGHT OF OWNER OR OPERATOR OF |
|
VEHICLE TO HEARING. The owner or operator of a vehicle that has |
|
been removed and placed in a vehicle storage facility without the |
|
consent of the owner or operator of the vehicle is entitled to a |
|
hearing on whether probable cause existed for the removal and |
|
placement. |
|
Sec. 2308.453 [685.004]. JURISDICTION. A hearing under |
|
this chapter shall be in the justice court having jurisdiction in |
|
the precinct in which the vehicle storage facility is located. |
|
Sec. 2308.454 [685.005]. NOTICE TO VEHICLE OWNER OR |
|
OPERATOR. (a) If before a hearing held under this chapter the |
|
owner or operator of a vehicle pays the costs of the vehicle's |
|
removal or storage, the towing company or vehicle storage facility |
|
that received the payment shall at the time of payment give the |
|
owner or operator written notice of the person's rights under this |
|
chapter. |
|
(b) The operator of a vehicle storage facility that sends a |
|
notice under Subchapter D, Chapter 2303, [Occupations Code,] shall |
|
include with that notice a notice of the person's rights under this |
|
chapter. |
|
Sec. 2308.455 [685.006]. CONTENTS OF NOTICE. The notice |
|
under Section 2308.454 [685.005] must include: |
|
(1) a statement of: |
|
(A) the person's right to submit a request within |
|
14 days for a court hearing to determine whether probable cause |
|
existed to remove the vehicle; |
|
(B) the information that a request for a hearing |
|
must contain; and |
|
(C) any filing fee for the hearing; |
|
(2) the name, address, and telephone number of the |
|
towing company that removed the vehicle; |
|
(3) the name, address, and telephone number of the |
|
vehicle storage facility in which the vehicle was placed; |
|
(4) the name, address, and telephone number of the |
|
person, property owner, or law enforcement agency that authorized |
|
the removal of the vehicle; and |
|
(5) the name, address, and telephone number of the |
|
justice court having jurisdiction in the precinct in which the |
|
vehicle storage facility is located. |
|
Sec. 2308.456 [685.007]. REQUEST FOR HEARING. (a) Except |
|
as provided by Subsection (c), a person entitled to a hearing under |
|
this chapter must deliver a written request for the hearing to the |
|
court before the 14th day after the date the vehicle was removed and |
|
placed in the vehicle storage facility, excluding Saturdays, |
|
Sundays, and legal holidays. |
|
(b) A request for a hearing must contain: |
|
(1) the name, address, and telephone number of the |
|
owner or operator of the vehicle; |
|
(2) the location from which the vehicle was removed; |
|
(3) the date when the vehicle was removed; |
|
(4) the name, address, and telephone number of the |
|
person or law enforcement agency that authorized the removal; |
|
(5) the name, address, and telephone number of the |
|
vehicle storage facility in which the vehicle was placed; |
|
(6) the name, address, and telephone number of the |
|
towing company that removed the vehicle; |
|
(7) a copy of any receipt or notification that the |
|
owner or operator received from the towing company or the vehicle |
|
storage facility; and |
|
(8) if the vehicle was removed from a parking |
|
facility: |
|
(A) one or more photographs that show the |
|
location and text of any sign posted at the facility restricting |
|
parking of vehicles; or |
|
(B) a statement that no sign restricting parking |
|
was posted at the parking facility. |
|
(c) If notice was not given under Section 2308.454 |
|
[685.005], the 14-day deadline for requesting a hearing under |
|
Subsection (a) does not apply, and the owner or operator of the |
|
vehicle may deliver a written request for a hearing at any time. |
|
(d) A person who fails to deliver a request in accordance |
|
with Subsection (a) waives the right to a hearing. |
|
Sec. 2308.457 [685.008]. FILING FEE AUTHORIZED. The court |
|
may charge a filing fee of $20 for a hearing under this chapter. |
|
Sec. 2308.458 [685.009]. HEARING. (a) A hearing under this |
|
chapter shall be held before the 14th [10th] working day after the |
|
date the court receives the request for the hearing. |
|
(b) The court shall notify the person who requested the |
|
hearing, [and] the person or law enforcement agency that authorized |
|
the removal of the vehicle, and the vehicle storage facility in |
|
which the vehicle was placed of the date, time, and place of the |
|
hearing in a manner provided by Rule 21a, Texas Rules of Civil |
|
Procedure [by registered or certified mail]. The notice of the |
|
hearing to the person or law enforcement agency that authorized the |
|
removal of the vehicle shall include a copy of the request for |
|
hearing. |
|
(b-1) At a hearing under this section: |
|
(1) the burden of proof is on the person who requested |
|
the hearing; and |
|
(2) hearsay evidence is admissible if it is considered |
|
otherwise reliable by the justice of the peace. |
|
(c) The issues in a hearing under this chapter are: |
|
(1) whether probable cause existed for the removal and |
|
placement of the vehicle; |
|
(2) whether a towing charge imposed or collected in |
|
connection with the removal or placement of the vehicle was greater |
|
than the amount authorized by the political subdivision under |
|
Section 2308.201 [643.201] or 2308.202 [643.203]; |
|
(3) whether a towing charge imposed or collected in |
|
connection with the removal or placement of the vehicle was greater |
|
than the amount authorized under Section 2308.203 [643.204] or |
|
2308.204 [643.205]; or |
|
(4) whether a towing charge imposed or collected in |
|
connection with the removal or placement of the vehicle was greater |
|
than the amount filed with the department under Section 2308.206 |
|
[643.207]. |
|
(d) The court shall make written findings of fact and a |
|
conclusion of law. |
|
(e) The court may award: |
|
(1) court costs to the prevailing party; |
|
(2) the reasonable cost of photographs submitted under |
|
Section 2308.456(b)(8) [685.007(b)(8)] to a vehicle owner or |
|
operator who is the prevailing party; [and] |
|
(3) an amount equal to the amount that the towing |
|
charge exceeded fees regulated by a political subdivision or |
|
authorized by this code or by Chapter 2303; and |
|
(4) reimbursement of fees paid for vehicle towing and |
|
storage [, Occupations Code]. |
|
Sec. 2308.459 [685.010]. APPEAL. An appeal from a hearing |
|
under this chapter is governed by the rules of procedure applicable |
|
to civil cases in justice court, except that no appeal bond may be |
|
required by the court. |
|
SECTION 2.08. Subchapter J, Chapter 2308, Occupations Code, |
|
as added by this Act, is amended by adding Section 2308.460 to read |
|
as follows: |
|
Sec. 2308.460. ENFORCEMENT OF AWARD. An award under this |
|
chapter may be enforced by any means available for the enforcement |
|
of a judgment for a debt. |
|
SECTION 2.09. Chapter 2308, Occupations Code, is amended by |
|
adding Subchapter K to read as follows: |
|
SUBCHAPTER K. ENFORCEMENT |
|
Sec. 2308.501. ADMINISTRATIVE PENALTY. (a) The commission |
|
may impose an administrative penalty on a person under Subchapter |
|
F, Chapter 51, regardless of whether the person holds a |
|
registration, permit, or license under this chapter, if the person |
|
violates: |
|
(1) this chapter or a rule adopted under this chapter; |
|
or |
|
(2) a rule or order of the executive director or |
|
commission. |
|
(b) An administrative penalty may not be imposed unless the |
|
person charged with a violation is provided the opportunity for a |
|
hearing. |
|
Sec. 2308.502. CEASE AND DESIST ORDER; INJUNCTION; CIVIL |
|
PENALTY. (a) The executive director may issue a cease and desist |
|
order as necessary to enforce this chapter if the executive |
|
director determines that the action is necessary to prevent a |
|
violation of this chapter and to protect public health and safety. |
|
(b) The attorney general or executive director may |
|
institute an action for an injunction or a civil penalty under this |
|
chapter as provided by Section 51.352. |
|
Sec. 2308.503. SANCTIONS. The department may impose |
|
sanctions as provided by Section 51.353. |
|
Sec. 2308.504. CRIMINAL PENALTY; LICENSING. (a) A person |
|
commits an offense if the person: |
|
(1) violates the permitting or licensing requirements |
|
of this chapter; |
|
(2) performs towing without a license to perform |
|
towing in this state; |
|
(3) employs an individual who does not hold the |
|
appropriate license required by this chapter; or |
|
(4) falsifies a certification or training. |
|
(b) An offense under this section is a Class C misdemeanor. |
|
SECTION 2.10. Section 643.253(d), Transportation Code, is |
|
transferred to Subchapter K, Chapter 2308, Occupations Code, |
|
renumbered as Section 2308.505, Occupations Code, and amended to |
|
read as follows: |
|
Sec. 2308.505. CRIMINAL PENALTY; TOWING. (a) [(d)] A |
|
person commits an offense if the person: |
|
(1) violates an ordinance, resolution, order, rule, or |
|
regulation of a political subdivision adopted under Section |
|
2308.201 [643.201] or 2308.202 [643.203], for which the political |
|
subdivision does not prescribe the penalty; |
|
(2) charges or collects a fee in a political |
|
subdivision that regulates the operation of tow trucks under |
|
Section 2308.201 [643.201] or 2308.202 [643.203] that is not |
|
authorized or is greater than the authorized amount of the fee; |
|
(3) charges or collects a fee greater than the amount |
|
authorized under Section 2308.204 [643.205]; |
|
(4) charges or collects a fee in excess of the amount |
|
filed with the department under Section 2308.206 [643.207]; |
|
(5) violates Section 2308.205 [643.206]; or |
|
(6) violates a rule of the department applicable to a |
|
tow truck and towing company. |
|
(b) An offense under this section is a misdemeanor |
|
punishable by a fine of not less than $200 or more than $1,000 per |
|
violation. |
|
ARTICLE 3. CONFORMING AMENDMENTS |
|
SECTION 3.01. Article 18.23(e), Code of Criminal Procedure, |
|
is amended to read as follows: |
|
(e) Subchapter J, Chapter 2308, Occupations Code [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 3.02. Section 101.141(a), Government Code, is |
|
amended to read as follows: |
|
(a) A clerk of a justice court shall collect fees and costs |
|
as follows: |
|
(1) additional court cost in certain civil cases to |
|
establish and maintain an alternative dispute resolution system, if |
|
authorized by the commissioners court of a county with a population |
|
of at least 2.5 million (Sec. 152.005, Civil Practice and Remedies |
|
Code) . . . not to exceed $3; |
|
(2) additional filing fees: |
|
(A) to fund Dallas County civil court facilities |
|
(Sec. 51.705, Government Code) . . . not more than $15; and |
|
(B) for filing any civil action or proceeding |
|
requiring a filing fee, including an appeal, and on the filing of |
|
any counterclaim, cross-action, intervention, interpleader, or |
|
third-party action requiring a filing fee, to fund civil legal |
|
services for the indigent (Sec. 133.153, Local Government Code) |
|
. . . $2; |
|
(3) for filing a suit in Comal County (Sec. 152.0522, |
|
Human Resources Code) . . . $1.50; |
|
(4) fee for hearing on probable cause for removal of a |
|
vehicle and placement in a storage facility if assessed by the court |
|
(Sec. 2308.457, Occupations Code [685.008, Transportation Code]) |
|
. . . $20; |
|
(5) court fees and costs, if ordered by the court, for |
|
a suit filed by an inmate in which an affidavit or unsworn |
|
declaration of inability to pay costs is filed by the inmate (Sec. |
|
14.006, Civil Practice and Remedies Code) . . . the lesser of: |
|
(A) 20 percent of the preceding six months' |
|
deposits to the inmate's trust account administered by the Texas |
|
Department of Criminal Justice under Section 501.014, Government |
|
Code; or |
|
(B) the total amount of court fees and costs; |
|
(6) monthly payment for remaining court fees and costs |
|
after the initial payment for a suit in which an affidavit or |
|
unsworn declaration of inability to pay costs is filed by the inmate |
|
(Sec. 14.006, Civil Practice and Remedies Code) . . . the lesser |
|
of: |
|
(A) 10 percent of that month's deposit to the |
|
inmate's trust account administered by the Texas Department of |
|
Criminal Justice under Section 501.014, Government Code; or |
|
(B) the total amount of court fees and costs that |
|
remain unpaid; |
|
(7) the following costs not otherwise charged to the |
|
inmate under Section 14.006, Civil Practice and Remedies Code, if |
|
the inmate has previously filed an action dismissed as malicious or |
|
frivolous (Sec. 14.007, Civil Practice and Remedies Code): |
|
(A) expenses of service of process; |
|
(B) postage; and |
|
(C) transportation, housing, or medical care |
|
incurred in connection with the appearance of the inmate in the |
|
court for any proceeding; and |
|
(8) the cost of a special program that a court may |
|
order a child to attend after a finding that the child committed an |
|
offense, if ordered by the court (Art. 45.057, Code of Criminal |
|
Procedure) . . . costs of the program not to exceed $100. |
|
SECTION 3.03. Section 101.161, Government Code, is amended |
|
to read as follows: |
|
Sec. 101.161. MUNICIPAL COURT FEES AND COSTS. The clerk of |
|
a municipal court shall collect: |
|
(1) a fee for a hearing on probable cause for removal |
|
of a vehicle and placement in a storage facility if assessed by the |
|
court (Sec. 2308.457, Occupations Code [685.008, Transportation
|
|
Code]) . . . $20; and |
|
(2) the cost of a special program that a court may |
|
order a child to attend after finding that the child committed an |
|
offense, if ordered by the court (Art. 45.057, Code of Criminal |
|
Procedure) . . . costs of the program not to exceed $100. |
|
SECTION 3.04. Section 2303.155(f), Occupations Code, is |
|
amended to read as follows: |
|
(f) The operator of a vehicle storage facility or |
|
governmental vehicle storage facility may not charge an additional |
|
fee related to the storage of a vehicle other than a fee authorized |
|
by this section or a towing fee authorized by Chapter 2308 [Chapter
|
|
643, Transportation Code]. |
|
SECTION 3.05. Section 504.508(c), Transportation Code, is |
|
amended to read as follows: |
|
(c) Proof of eligibility for license plates under this |
|
section must include a copy of the permit [registration] |
|
certificate issued by the Texas Department of Licensing and |
|
Regulation [department] for the tow truck. |
|
SECTION 3.06. Section 643.002, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 643.002. EXEMPTIONS. This chapter does not apply to: |
|
(1) a motor vehicle registered under the single state |
|
registration system established under 49 U.S.C. Section 14504(c) |
|
when operating exclusively in interstate or international |
|
commerce; |
|
(2) a motor vehicle registered as a cotton vehicle |
|
under Section 502.277; |
|
(3) a motor vehicle the department by rule exempts |
|
because the vehicle is subject to comparable registration and a |
|
comparable safety program administered by another governmental |
|
entity; |
|
(4) a motor vehicle used to transport passengers |
|
operated by an entity whose primary function is not the |
|
transportation of passengers, such as a vehicle operated by a |
|
hotel, day-care center, public or private school, nursing home, or |
|
similar organization; |
|
(5) a vehicle operating under a private carrier permit |
|
issued under Chapter 42, Alcoholic Beverage Code; [or] |
|
(6) a vehicle operated by a governmental entity; or |
|
(7) a tow truck, as defined by Section 2308.002, |
|
Occupations Code. |
|
SECTION 3.07. Section 643.051(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) A motor carrier may not operate a commercial motor |
|
vehicle, as defined by Section 548.001, [or a tow truck] on a road |
|
or highway of this state unless the carrier registers with the |
|
department under this subchapter. |
|
SECTION 3.08. Section 643.053, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 643.053. FILING OF APPLICATION. An application under |
|
Section 643.052 must be filed with the department and accompanied |
|
by: |
|
(1) an application fee of $100 plus a $10 fee for each |
|
vehicle requiring registration [other than a tow truck or a $25 fee
|
|
for each tow truck the motor carrier proposes to operate]; |
|
(2) evidence of insurance or financial responsibility |
|
as required by Section 643.103(a); and |
|
(3) any insurance filing fee required under Section |
|
643.103(c). |
|
SECTION 3.09. Sections 643.057(a) and (d), Transportation |
|
Code, are amended to read as follows: |
|
(a) A motor carrier may not operate an additional vehicle |
|
requiring registration unless the carrier pays a registration fee |
|
of $10 for each additional vehicle [other than a tow truck or $25
|
|
for each tow truck] and shows the department evidence of insurance |
|
or financial responsibility for the vehicle in an amount at least |
|
equal to the amount set by the department under Section 643.101. |
|
(d) The department may not collect more than $10 in |
|
equipment registration fees for a vehicle [other than a tow truck] |
|
registered under both this subchapter and Chapter 645 [or more than
|
|
$25 if the vehicle is a tow truck]. |
|
SECTION 3.10. Section 643.058(c), Transportation Code, is |
|
amended to read as follows: |
|
(c) A motor carrier may renew a registration under this |
|
subchapter by: |
|
(1) supplementing the application with any new |
|
information required under Section 643.056; |
|
(2) paying a $10 fee for each vehicle requiring |
|
registration [other than a tow truck or a fee of $25 for each tow
|
|
truck the carrier operates]; and |
|
(3) providing the department evidence of continuing |
|
insurance or financial responsibility in an amount at least equal |
|
to the amount set by the department under Section 643.101. |
|
SECTION 3.11. Section 643.061(b), Transportation Code, is |
|
amended to read as follows: |
|
(b) A motor carrier applying for registration under this |
|
section must pay: |
|
(1) a $20 fee for each vehicle registered [other than a
|
|
tow truck or a fee of $50 for each tow truck] under Subsection |
|
(a)(1); |
|
(2) a $10 fee for each vehicle registered [other than a
|
|
tow truck or a fee of $25 for each tow truck] under Subsection |
|
(a)(2); and |
|
(3) application and insurance filing fees the |
|
department by rule adopts in an amount not to exceed $100 each. |
|
SECTION 3.12. Section 643.253(e), Transportation Code, is |
|
amended to read as follows: |
|
(e) An offense under Subsection (b) [or (d)] is a |
|
misdemeanor punishable by a fine of not less than $200 or more than |
|
$1,000 per violation. |
|
SECTION 3.13. Section 1(1), Chapter 528, Acts of the 76th |
|
Legislature, Regular Session, 1999 (Article 178d-1, Vernon's Texas |
|
Civil Statutes), is amended to read as follows: |
|
(1) "Parking facility," "parking facility owner," and |
|
"vehicle" have the meanings assigned by Section 2308.002, |
|
Occupations Code [684.001, Transportation Code]. |
|
ARTICLE 4. MISCELLANEOUS |
|
SECTION 4.01. Section 683.012, Transportation Code, is |
|
amended by adding Subsection (f) to read as follows: |
|
(f) In addition to the notice required under Subsection (a), |
|
if a law enforcement agency takes an abandoned motor vehicle into |
|
custody, the agency shall notify a person that files a theft report |
|
or similar report prepared by any law enforcement agency for the |
|
vehicle of that fact. The notice must be sent by regular mail on the |
|
next business day after the agency takes the vehicle into custody. |
|
The law enforcement agency shall also provide the name and address |
|
of the person that filed the theft report or similar report to the |
|
vehicle storage facility or governmental vehicle storage facility |
|
that is storing the vehicle. |
|
ARTICLE 5. TRANSITION AND EFFECTIVE DATE |
|
SECTION 5.01. (a) The following provisions of the |
|
Transportation Code are repealed: |
|
(1) Section 643.001(7); |
|
(2) Section 643.101(d); |
|
(3) Section 643.202; |
|
(4) Section 684.001; |
|
(5) Section 685.001; |
|
(6) the heading to Subchapter E, Chapter 643; |
|
(7) the heading to Chapter 684; |
|
(8) the headings to Subchapters A, B, and F, Chapter |
|
684; and |
|
(9) the heading to Chapter 685. |
|
(b) Subchapters E and F, Chapter 2303, Occupations Code, are |
|
repealed. |
|
SECTION 5.02. As soon as practicable after the effective |
|
date of this Act, the presiding officer of the Texas Commission of |
|
Licensing and Regulation shall make the initial appointments to the |
|
Towing and Storage Advisory Board. The presiding officer shall |
|
appoint two members to terms expiring February 1, 2009, three |
|
members to terms expiring February 1, 2011, and three members to |
|
terms expiring February 1, 2013. |
|
SECTION 5.03. (a) As soon as practicable after the |
|
effective date of this Act, the Texas Department of Transportation |
|
and the Texas Department of Licensing and Regulation shall develop |
|
and enter into a memorandum of understanding regarding the transfer |
|
described in this section that includes a transition plan for |
|
transferring the functions performed by the Texas Transportation |
|
Commission and the Texas Department of Transportation that relate |
|
to tow trucks, towing operations, or vehicle storage facilities to |
|
the Texas Department of Licensing and Regulation. The transition |
|
plan must include a timetable with specific steps and deadlines |
|
needed to complete the transfer, and may include provisions for the |
|
extension of expiration dates for licenses. |
|
(b) In accordance with the transition plan developed by the |
|
Texas Department of Transportation and the Texas Department of |
|
Licensing and Regulation under Subsection (a) of this section, on |
|
January 1, 2008: |
|
(1) all functions and activities performed by the |
|
Texas Transportation Commission and the Texas Department of |
|
Transportation relating to tow trucks, towing operations, or |
|
vehicle storage facilities immediately before that date are |
|
transferred to the Texas Department of Licensing and Regulation; |
|
(2) a rule or form adopted by the Texas Transportation |
|
Commission and the Texas Department of Transportation that relates |
|
to tow trucks, towing operations, or vehicle storage facilities is |
|
a rule or form of the Texas Commission of Licensing and Regulation |
|
or the Texas Department of Licensing and Regulation, as applicable, |
|
and remains in effect until amended or replaced by that commission |
|
or department; |
|
(3) a reference in law to or an administrative rule of |
|
the Texas Transportation Commission and the Texas Department of |
|
Transportation that relates to tow trucks, towing operations, or |
|
vehicle storage facilities means the Texas Commission of Licensing |
|
and Regulation or the Texas Department of Licensing and Regulation, |
|
as applicable; |
|
(4) a complaint, investigation, or other proceeding |
|
before the Texas Transportation Commission or the Texas Department |
|
of Transportation that is related to tow trucks, towing operations, |
|
or vehicle storage facilities is transferred without change in |
|
status to the Texas Department of Licensing and Regulation, and the |
|
Texas Department of Licensing and Regulation assumes, as |
|
appropriate and without a change in status, the position of the |
|
Texas Transportation Commission and the Texas Department of |
|
Transportation in an action or proceeding to which the Texas |
|
Transportation Commission or the Texas Department of |
|
Transportation is a party; |
|
(5) all full-time equivalent employee positions at the |
|
Texas Department of Transportation that primarily concern the |
|
administration of tow trucks, towing operations, or vehicle storage |
|
facilities become positions at the Texas Department of Licensing |
|
and Regulation, and when filling the positions, the Texas |
|
Department of Licensing and Regulation shall give first |
|
consideration to an applicant who, as of December 31, 2007, was a |
|
full-time employee at the Texas Department of Transportation |
|
primarily involved in administering tow trucks, towing operations, |
|
or vehicle storage facilities; |
|
(6) all money, contracts, leases, property, and |
|
obligations of the Texas Department of Transportation related to |
|
the regulation of tow trucks, towing operations, or vehicle storage |
|
facilities are transferred to the Texas Department of Licensing and |
|
Regulation; |
|
(7) all property in the custody of the Texas |
|
Department of Transportation related to tow trucks, towing |
|
operations, or vehicle storage facilities is transferred to the |
|
Texas Department of Licensing and Regulation; and |
|
(8) the unexpended and unobligated balance of any |
|
money appropriated by the legislature for the Texas Transportation |
|
Commission and the Texas Department of Transportation related to |
|
tow trucks, towing operations, or vehicle storage facilities is |
|
transferred to the Texas Department of Licensing and Regulation. |
|
(c) Before January 1, 2008, the Texas Department of |
|
Transportation may agree with the Texas Department of Licensing and |
|
Regulation to transfer any property of the Texas Department of |
|
Transportation to the Texas Department of Licensing and Regulation |
|
to implement the transfer required by this Act. |
|
(d) In the period beginning with the effective date of this |
|
Act and ending on December 31, 2007, the Texas Transportation |
|
Commission and the Texas Department of Transportation shall |
|
continue to perform functions and activities under Chapter 2303, |
|
Occupations Code, and those portions of Chapters 643 and 684, |
|
Transportation Code, that relate to tow trucks, towing operations, |
|
or vehicle storage facilities, as if those laws were not amended by |
|
this Act, and the former law is continued in effect for that |
|
purpose. |
|
SECTION 5.04. Not later than April 1, 2008, the Texas |
|
Commission of Licensing and Regulation shall adopt rules relating |
|
to an original application for a permit or license under Chapter |
|
2303, Occupations Code, as amended by this Act, and Chapter 2308, |
|
Occupations Code, as added by this Act. |
|
SECTION 5.05. (a) Except as provided by Subsection (b) of |
|
this section, this Act takes effect September 1, 2007. |
|
(b) Section 2308.504, Occupations Code, as added by this |
|
Act, and Subchapters C and D, Chapter 2308, Occupations Code, as |
|
added by this Act, take effect September 1, 2008. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 2094 was passed by the House on April |
|
13, 2007, by the following vote: Yeas 143, Nays 0, 2 present, not |
|
voting; that the House refused to concur in Senate amendments to |
|
H.B. No. 2094 on May 25, 2007, and requested the appointment of a |
|
conference committee to consider the differences between the two |
|
houses; and that the House adopted the conference committee report |
|
on H.B. No. 2094 on May 28, 2007, by the following vote: Yeas 142, |
|
Nays 1, 2 present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 2094 was passed by the Senate, with |
|
amendments, on May 22, 2007, by the following vote: Yeas 29, Nays |
|
1; at the request of the House, the Senate appointed a conference |
|
committee to consider the differences between the two houses; and |
|
that the Senate adopted the conference committee report on H.B. No. |
|
2094 on May 27, 2007, by the following vote: Yeas 29, Nays 1. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |