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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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SECTION 1. Subchapter C, Chapter 2303, Occupations Code, is |
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amended by adding Section 2303.1016 to read as follows: |
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Sec. 2303.1016. VEHICLE STORAGE FACILITY EMPLOYEE AND |
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TOWING OPERATOR; DUAL LICENSE. (a) The commission shall adopt |
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rules for the issuance of a dual license for a person who is a |
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vehicle storage facility employee and towing operator. The |
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department shall issue the license to an applicant who: |
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(1) meets the requirements established under: |
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(A) Section 2303.1015; |
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(B) Section 2308.153, 2308.154, or 2308.155; and |
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(C) any applicable rules adopted under this |
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subchapter or Subchapter D, Chapter 2308; and |
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(2) submits to the department: |
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(A) an application on a department-approved |
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form; and |
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(B) the required license fee. |
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(b) A person holding a license issued under this section |
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may: |
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(1) work at a vehicle storage facility; and |
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(2) perform towing operations. |
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SECTION 2. Subchapter D, Chapter 2303, Occupations Code, is |
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amended by adding Sections 2303.1511 and 2303.1551 to read as |
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follows: |
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Sec. 2303.1511. VEHICLE STORAGE FACILITY'S DUTY TO REPORT |
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AFTER ACCEPTING UNAUTHORIZED VEHICLE. (a) A vehicle storage |
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facility accepting a vehicle that is towed under this chapter |
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shall, within two hours after receiving the vehicle, report to the |
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local law enforcement agency with jurisdiction over the area from |
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which the vehicle was towed: |
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(1) a general description of the vehicle; |
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(2) the state and number of the vehicle's license |
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plate, if any; |
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(3) the vehicle identification number of the vehicle, |
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if it can be ascertained; |
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(4) the location from which the vehicle was towed; and |
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(5) the name and location of the vehicle storage |
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facility where the vehicle is being stored. |
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(b) The report required by this section must be made by |
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telephone or electronically or delivered personally or by |
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facsimile. |
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Sec. 2303.1551. REQUIRED POSTING. (a) All storage fees |
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shall be posted at the licensed vehicle storage facility to which |
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the motor vehicle has been delivered and shall be posted in view of |
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the person who claims the vehicle. |
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(b) A vehicle storage facility accepting a nonconsent towed |
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vehicle shall post a sign in one inch letters stating "Nonconsent |
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tow fees schedules available on request." The vehicle storage |
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facility shall provide a copy of a nonconsent towing fees schedule |
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on request. |
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SECTION 3. Subdivision (11), Section 2308.002, Occupations |
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Code, is amended to read as follows: |
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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. The term does not include: |
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(A) a motor vehicle owned and operated by a |
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governmental entity, including a public school district; |
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(B) a motor vehicle towing: |
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(i) a race car; |
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(ii) a motor vehicle for exhibition; or |
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(iii) an antique motor vehicle; |
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(C) a recreational vehicle towing another |
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vehicle; |
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(D) a motor vehicle used in combination with a |
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tow bar, tow dolly, or other mechanical device if the vehicle is not |
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operated in the furtherance of a commercial enterprise; |
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(E) a motor vehicle that is controlled or |
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operated by a farmer or rancher and used for towing a farm vehicle; |
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or |
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(F) a motor vehicle that: |
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(i) is owned or operated by an entity the |
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primary business of which is the rental of motor vehicles; and |
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(ii) only tows vehicles rented by the |
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entity. |
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SECTION 4. Subchapter D, Chapter 2308, Occupations Code, is |
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amended by adding Section 2308.1521 to read as follows: |
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Sec. 2308.1521. VEHICLE STORAGE FACILITY EMPLOYEE AND |
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TOWING OPERATOR; DUAL LICENSE. (a) The commission shall adopt |
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rules for the issuance of a dual license for a person who is a |
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vehicle storage facility employee and towing operator. The |
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department shall issue the license to an applicant who: |
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(1) meets the requirements established under: |
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(A) Section 2308.153, 2308.154, or 2308.155; |
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(B) Section 2303.1015; and |
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(C) any applicable rules adopted under this |
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subchapter or Subchapter C, Chapter 2303; and |
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(2) submits to the department: |
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(A) an application on a department-approved |
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form; and |
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(B) the required license fee. |
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(b) A person holding a license issued under this section |
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may: |
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(1) work at a vehicle storage facility; and |
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(2) perform towing operations. |
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(c) The fee for a license issued under this section may not |
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be: |
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(1) less than the fee for a license issued under this |
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subchapter or Section 2303.1015; or |
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(2) more than the sum of the fees for a license issued |
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under this subchapter and a license issued under Section 2303.1015. |
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SECTION 5. Subsection (b), Section 2308.153, Occupations |
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Code, is amended to read as follows: |
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(b) An applicant for an incident management towing |
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operator's license must: |
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(1) hold a valid driver's license issued by a state in |
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the United States [be a licensed Texas driver]; and |
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(2) be certified by a [the National Drivers
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Certification Program of the Towing and Recovery Association of
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America or another certification] program approved by the |
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department. |
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SECTION 6. Subsection (b), Section 2308.154, Occupations |
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Code, is amended to read as follows: |
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(b) An applicant for a private property towing operator's |
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license must: |
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(1) hold a valid driver's license issued by a state in |
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the United States [be a licensed Texas driver]; and |
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(2) be certified by a [the National Drivers
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Certification Program of the Towing and Recovery Association of
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America or another certification] program approved by the |
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department. |
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SECTION 7. Subsection (b), Section 2308.155, Occupations |
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Code, is amended to read as follows: |
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(b) An applicant for a consent towing operator's license |
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must hold a valid driver's license issued by a state in the United |
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States [be a licensed Texas driver]. |
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SECTION 8. Subchapter D, Chapter 2308, Occupations Code, is |
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amended by adding Section 2308.1551 to read as follows: |
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Sec. 2308.1551. TRAINING LICENSE. (a) The department may |
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issue a training license to an applicant for a license under this |
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subchapter if the applicant: |
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(1) holds a valid driver's license issued by a state in |
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the United States; |
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(2) meets the qualifications established by rule by |
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the commission; and |
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(3) is engaged in the process of learning and |
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assisting in the operation of a tow truck under the supervision of a |
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licensed tow truck operator. |
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(b) Notwithstanding Subsection (a), an applicant for a |
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license under Section 2308.153 may be supervised by an operator who |
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holds a license issued under Section 2308.153, 2308.154, or |
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2308.155. |
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(c) A training license issued under this section expires on |
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the 91st day after the date of issuance and may not be renewed. |
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(d) The commission by rule shall set the fee, establish the |
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qualifications, and provide for the issuance of a training license |
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under this section. |
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SECTION 9. Subsection (c), Section 2308.157, Occupations |
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Code, is amended to read as follows: |
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(c) To renew an incident management towing operator's |
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license the first time, a license holder must complete a |
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professional development course relating to incident management |
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towing that is [licensed or certified by the National Safety
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Council or another course] approved and administered by the |
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department under this section. |
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SECTION 10. Section 2308.158, Occupations Code, is amended |
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to read as follows: |
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Sec. 2308.158. ALCOHOL AND DRUG TESTING OF TOWING |
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OPERATORS. (a) A towing company shall establish an alcohol and |
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[a] drug testing policy for towing operators. A towing company that |
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establishes an alcohol and [a] drug testing policy under this |
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subsection may adopt the model alcohol and drug testing policy |
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adopted by the commission or may use another alcohol and drug |
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testing policy that the department determines is at least as |
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stringent as the policy adopted by the commission. |
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(b) The commission by rule shall adopt a model alcohol and |
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drug testing policy for use by a towing company. The model alcohol |
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and drug testing policy must be designed to ensure the safety of the |
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public through appropriate alcohol and drug testing and to protect |
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the rights of employees. The model alcohol and drug testing policy |
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must: |
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(1) require at least one scheduled drug test each year |
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for each towing operator; and |
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(2) authorize random, unannounced alcohol and drug |
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testing for towing operators. |
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SECTION 11. Subsection (a), Section 2308.251, Occupations |
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Code, is amended to read as follows: |
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(a) The owner or operator of a vehicle may not leave |
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unattended on a parking facility a vehicle that: |
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(1) is in or obstructs a vehicular traffic aisle, |
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entry, or exit of the parking facility; |
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(2) prevents a vehicle from exiting a parking space in |
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the facility; |
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(3) is in or obstructs a fire lane marked according to |
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Subsection (c); [or] |
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(4) does not display the special license plates issued |
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under Section 504.201, Transportation Code, or the disabled parking |
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placard issued under Chapter 681, Transportation Code, for a |
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vehicle transporting a disabled person and is in a parking space |
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that is designated for the exclusive use of a vehicle transporting a |
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disabled person; or |
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(5) is leaking a fluid that presents a hazard or threat |
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to persons or property. |
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SECTION 12. Subchapter F, Chapter 2308, Occupations Code, |
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is amended by adding Section 2308.257 to read as follows: |
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Sec. 2308.257. REMOVAL OF CERTAIN UNAUTHORIZED VEHICLES IN |
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RURAL AREAS. (a) This section applies only to an abandoned |
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vehicle that has damaged a fence on private property in a rural |
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area. |
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(b) A law enforcement agency directing a towing company or |
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tow operator to remove an abandoned vehicle that is located on |
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private property shall provide the towing company or tow operator |
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with the name and telephone number of the property owner or the |
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owner's agent if the owner or agent has provided the information to |
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the law enforcement agency. |
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(c) A towing company or tow operator provided with |
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information under Subsection (b) shall contact the property owner |
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or the owner's agent before entering private property to tow a |
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vehicle described by Subsection (a). |
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SECTION 13. Sections 2308.207 and 2308.256, Occupations |
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Code, are repealed. |
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SECTION 14. (a) The changes in law made by this Act to |
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Sections 2308.153, 2308.154, and 2308.155, Occupations Code, apply |
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only to a license application filed on or after the effective date |
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of this Act. A license application filed before the effective date |
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of this Act is governed by the law in effect when the license |
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application was filed, and the former law is continued in effect for |
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that purpose. |
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(b) Not later than April 1, 2010, the Texas Commission of |
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Licensing and Regulation shall adopt the model alcohol and drug |
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testing policy required by Section 2308.158, Occupations Code, as |
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amended by this Act. |
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(c) A towing company is not required to comply with the |
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alcohol and drug testing policy required by Section 2308.158, |
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Occupations Code, as amended by this Act, until January 1, 2010. |
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(d) Not later than April 1, 2010, the Texas Commission of |
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Licensing and Regulation shall adopt rules as necessary to |
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implement Sections 2303.1016, 2308.1521, and 2308.1551, |
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Occupations Code, as added by this Act. |
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SECTION 15. (a) Except as provided by Subsection (b) of |
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this section, this Act takes effect September 1, 2009. |
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(b) Sections 2303.1016, 2308.1521, and 2308.1551, |
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Occupations Code, as added by this Act, take effect June 1, 2010. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 702 passed the Senate on |
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April 2, 2009, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendments on May 29, 2009, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 702 passed the House, with |
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amendments, on May 19, 2009, by the following vote: Yeas 145, |
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Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |