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A BILL TO BE ENTITLED
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AN ACT
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relating to the towing of unauthorized or unattended vehicles on a |
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parking facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2308.002, Occupations Code, is amended |
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by adding Subdivision (5-b) and amending Subdivision (13) to read |
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as follows: |
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(5-b) "Multiunit complex" has the meaning assigned by |
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Section 92.151, Property Code. |
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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. The term includes a vehicle parked on the |
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parking facility of a multiunit complex in violation of the parking |
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rules or policies of the multiunit complex. |
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SECTION 2. The heading to Section 2308.205, Occupations |
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Code, is amended to read as follows: |
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Sec. 2308.205. TOWING OF [STORAGE OF TOWED] VEHICLES TO |
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LICENSED VEHICLE STORAGE FACILITIES OR OTHER LOCATIONS ON CERTAIN |
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PARKING FACILITIES. |
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SECTION 3. Section 2308.205, Occupations Code, is amended |
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by amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) Except as provided by Subsection (a-1), a [A] towing |
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company that makes a nonconsent tow shall tow the vehicle to a |
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vehicle storage facility that is operated by a person who holds a |
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license to operate the facility under Chapter 2303, unless the |
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towing company agrees to take the vehicle to a location designated |
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by the vehicle's owner. |
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(a-1) A towing company that makes a nonconsent tow from the |
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parking facility of a multiunit complex may tow the vehicle to |
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another location on the same parking facility under the direction |
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of: |
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(1) the parking facility owner; |
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(2) a parking facility authorized agent; or |
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(3) a peace officer. |
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SECTION 4. Sections 2308.251(a) and (c), Occupations Code, |
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are amended to read as follows: |
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(a) A person [The owner or operator of a vehicle] may not |
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leave 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); |
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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; or |
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(6) is parked on the parking facility of a multiunit |
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complex in violation of the parking rules or policies of the |
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multiunit complex. |
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(c) If a government regulation governing the marking of a |
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fire lane applies to a parking facility, a fire lane in the parking |
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facility must be marked as provided by the regulation. If a |
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government regulation on the marking of a fire lane does not apply |
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to the parking facility, all curbs of fire lanes must be painted red |
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and be conspicuously and legibly marked with the warning "FIRE |
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LANE--TOW AWAY ZONE" in white letters at least three inches tall, at |
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intervals not exceeding 50 feet. |
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SECTION 5. Sections 2308.253(c), (d), and (e), Occupations |
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Code, are amended to read as follows: |
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(c) A parking facility owner may not have an emergency |
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vehicle described by Section 2308.251(b) towed [removed] from the |
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parking facility. |
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(d) Except as provided by a contract described by Subsection |
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(e), a parking facility owner may not have a vehicle towed [removed] |
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from the parking facility merely because the vehicle does not |
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display an unexpired license plate or registration insignia issued |
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for the vehicle under Chapter 502, Transportation Code, or the |
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vehicle registration law of another state or country. |
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(e) A contract provision providing for the towing [removal] |
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from a parking facility of a vehicle that does not display an |
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unexpired license plate or registration insignia is valid only if |
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the provision requires the owner or operator of the vehicle to be |
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given at least 10 days' written notice that the vehicle will be |
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towed from the parking facility at the vehicle owner's or operator's |
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expense if it is not removed from the parking facility. The notice |
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must: |
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(1) state: |
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(A) that the vehicle does not display an |
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unexpired license plate or registration insignia; |
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(B) that the vehicle will be towed at the expense |
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of the owner or operator of the vehicle if the vehicle does not |
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display an unexpired license plate or registration insignia; and |
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(C) a telephone number that is answered 24 hours |
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a day to enable the owner or operator of the vehicle to locate the |
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vehicle; and |
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(2) be: |
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(A) [(1)] delivered in person to the owner or |
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operator of the vehicle; [or] |
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(B) [(2)] sent by certified mail, return receipt |
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requested, to that owner or operator; or |
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(C) attached: |
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(i) to the vehicle's front windshield; |
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(ii) to the vehicle's driver's side window; |
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or |
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(iii) if the vehicle has no front |
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windshield or driver's side window, to a conspicuous part of the |
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vehicle. |
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SECTION 6. Section 2308.253(e), Occupations Code, as |
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amended by this Act, applies only to a contract, including a lease |
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or rental agreement, entered into on or after the effective date of |
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this Act. A contract entered into before that date is governed by |
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the law in effect on the date the contract was entered into, and the |
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former law is continued in effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2018. |