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  H.B. No. 2094
 
 
 
 
AN ACT
  relating to the regulation of the towing and storage of vehicles.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1.  LICENSING AND REGULATION OF TOWING AND VEHICLE STORAGE
         SECTION 1.01.  Sections 2303.002(2), (3), and (4),
  Occupations Code, are amended to read as follows:
               (2)  "Commission" means the Texas [Transportation]
  Commission of Licensing and Regulation.
               (3)  "Department" means the Texas Department of
  Licensing and Regulation [Transportation].
               (4)  "Executive director [Director]" means the
  executive director of the department [or a person designated by the
  executive director who is not below the rank of division or special
  office director].
         SECTION 1.02.  Section 2303.051, Occupations Code, is
  amended to read as follows:
         Sec. 2303.051.  RULEMAKING: LICENSE REQUIREMENTS[;
  SANCTIONS].  The commission shall adopt rules that:
               (1)  establish the requirements for a person to be
  licensed to operate a vehicle storage facility to ensure that the
  facility maintains adequate standards for the care of stored
  vehicles; [and]
               (2)  relate to the administrative sanctions that may be
  imposed on a person licensed under this chapter;
               (3)  govern the administration of this chapter.
         SECTION 1.03.  Subchapter B, Chapter 2303, Occupations Code,
  is amended by adding Sections 2303.055, 2303.056, 2303.057, and
  2303.058 to read as follows:
         Sec. 2303.055.  EXAMINATION OF CRIMINAL CONVICTION.  The
  department may conduct an examination of any criminal conviction of
  an applicant, including by obtaining any criminal history record
  information permitted by law.
         Sec. 2303.056.  PERIODIC AND RISK-BASED INSPECTIONS.  (a)  
  The department may enter and inspect at any time during business
  hours:
               (1)  the place of business of any person regulated
  under this chapter; or
               (2)  any place in which the department has reasonable
  cause to believe that a license holder is in violation of this
  chapter or in violation of a rule or order of the commission or
  executive director.
         (b)  At least once every two years, the department shall
  inspect a vehicle storage facility that holds a license under this
  chapter.
         (c)  The department shall conduct additional inspections
  based on a schedule of risk-based inspections using the following
  criteria:
               (1)  the type and nature of the vehicle storage
  facility;
               (2)  the inspection history of the vehicle storage
  facility;
               (3)  any history of violations involving the vehicle
  storage facility; and
               (4)  any other factor determined by the commission by
  rule.
         (d)  The vehicle storage facility shall pay a fee for each
  risk-based inspection performed under Subsection (c).  The
  commission by rule shall set the amount of the fee.
         Sec. 2303.057.  PERSONNEL.  The department may employ
  personnel necessary to administer and enforce this chapter.
         Sec. 2303.058.  ADVISORY BOARD.  The Towing and Storage
  Advisory Board under Chapter 2308 shall advise the commission in
  adopting vehicle storage rules under this chapter.
         SECTION 1.04.  The heading to Section 2303.101, Occupations
  Code, is amended to read as follows:
         Sec. 2303.101.  FACILITY LICENSE REQUIRED.
         SECTION 1.05.  Subchapter C, Chapter 2303, Occupations Code,
  is amended by adding Section 2303.1015 to read as follows:
         Sec. 2303.1015.  EMPLOYEE LICENSE REQUIRED. (a)  A person
  may not work at a vehicle storage facility unless the person holds a
  license issued under this chapter.
         (b)  The commission shall adopt rules governing the
  application for and issuance of a license under this section.
         SECTION 1.06.  Sections 2303.102(a) and (b), Occupations
  Code, are amended to read as follows:
         (a)  The commission by rule shall determine the types of
  information to be included in an application for a license under
  this chapter on a form prescribed by the executive director.
         (b)  The rules adopted [by the commission] under this section
  must require an [the] application for a facility license [to be made
  under oath and] to list:
               (1)  the name and address of each partner, if the
  applicant is a partnership; and
               (2)  the name and address of the president, secretary,
  and treasurer of the corporation, if the applicant is a corporation
  [; and
               [(3)     each conviction of a felony, or of a misdemeanor
  punishable by confinement in jail or by a fine exceeding $200, that
  was obtained against the applicant or a partner or officer of the
  applicant in the three years preceding the date of application].
         SECTION 1.07.  Section 2303.151(c), Occupations Code, is
  amended to read as follows:
         (c)  It is a defense to an action initiated by the department
  for a violation of this section that the operator of the facility
  unsuccessfully attempted in writing or electronically to obtain
  information from the governmental entity with which the vehicle is
  registered.
         SECTION 1.08.  Section 2303.155(b), Occupations Code, is
  amended to read as follows:
         (b)  The operator of a vehicle storage facility or
  governmental vehicle storage facility may charge the owner of a
  vehicle stored or parked at the facility:
               (1)  a notification fee set in a reasonable amount for
  providing notice under this subchapter, including notice under
  Section 2303.154(c);
               (2)  an impoundment fee of $20 for any action that:
                     (A)  is taken by or at the direction of the owner
  or operator of the facility; and
                     (B)  is necessary to preserve, protect, or service
  a vehicle stored or parked at the facility;
               (3)  a daily storage fee of:
                     (A)  not less than $5 and not more than $20 for
  each day or part of a day the vehicle is stored at the facility if
  the vehicle is not longer than 25 feet; or
                     (B)  $35 for each day or part of a day the vehicle
  is stored at the facility if the vehicle is longer than 25 feet;
  [and]
               (4)  any fee that is required to be submitted to a law
  enforcement agency, the agency's authorized agent, or a
  governmental entity; and
               (5)  a fee in an amount set by the commission for the
  remediation, recovery, or capture of an environmental or biological
  hazard.
         SECTION 1.09.  Subchapter D, Chapter 2303, Occupations Code,
  is amended by adding Section 2303.160 to read as follows:
         Sec. 2303.160.  DRUG TESTING OF EMPLOYEES.  (a) A license
  holder shall establish a drug testing policy for employees of the
  vehicle storage facility operated by the license holder. A license
  holder 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 license holders. 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 employee of a vehicle storage facility who has direct
  contact with the public; and
               (2)  authorize random, unannounced drug testing for
  employees described by Subdivision (1).
         SECTION 1.10.  Section 2303.302, Occupations Code, is
  amended to read as follows:
         Sec. 2303.302.  CRIMINAL PENALTIES.  (a) A person commits an
  offense if the person:
               (1)  violates the licensing requirements of [operates a
  vehicle storage facility for which a license has not been issued
  under] this chapter; or
               (2)  employs an individual who does not hold an
  appropriate license required by [violates a rule adopted by the
  commission under] this chapter.
         (b)  An offense under this section is a Class C misdemeanor
  [punishable by a fine of not less than $200 and not more than $500].
         [(c)     A person commits a separate offense for each day the
  person violates this section.]
         SECTION 1.11.  Subchapter G, Chapter 2303, Occupations Code,
  is amended by adding Sections 2303.304 and 2303.305 to read as
  follows:
         Sec. 2303.304.  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. 2303.305.  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.
         SECTION 1.12.  Subtitle A, Title 14, Occupations Code, is
  amended by adding Chapter 2308 to read as follows:
  CHAPTER 2308.  VEHICLE TOWING
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 2308.001.  SHORT TITLE.  This chapter may be cited as
  the Texas Towing Act.
         Sec. 2308.002.  DEFINITIONS.  In this chapter:
               (1)  "Advisory board" means the Towing and Storage
  Advisory Board.
               (2)  "Commission" means the Texas Commission of
  Licensing and Regulation.
               (3)  "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.
               (4)  "Department" means the Texas Department of
  Licensing and Regulation.
               (5)  "Driver's license" has the meaning assigned by
  Section 521.001, Transportation Code.
               (6)  "Nonconsent tow" means any tow of a motor vehicle
  that is not a consent tow.
               (7)  "Parking facility" means public or private
  property used, wholly or partly, for restricted or paid vehicle
  parking.  The term includes:
                     (A)  a restricted space on a portion of an
  otherwise unrestricted parking facility; and
                     (B)  a commercial parking lot, a parking garage,
  and a parking area serving or adjacent to a business, church,
  school, home, apartment complex, property governed by a property
  owners' association, or government-owned property leased to a
  private person, including:
                           (i)  a portion of the right-of-way of a
  public roadway that is leased by a governmental entity to the
  parking facility owner; and
                           (ii)  the area between the facility's
  property line abutting a county or municipal public roadway and the
  center line of the roadway's drainage way or the curb of the
  roadway, whichever is farther from the facility's property line.
               (8)  "Parking facility owner" means:
                     (A)  an owner or operator of a parking facility,
  including a lessee, employee, or agent of an owner or operator;
                     (B)  a property owners' association having
  control under a dedicatory instrument, as that term is defined in
  Section 202.001, Property Code, over assigned or unassigned parking
  areas; or
                     (C)  a property owner having an exclusive right
  under a dedicatory instrument, as that term is defined in Section
  202.001, Property Code, to use a parking space.
               (9)  "Property owners' association" has the meaning
  assigned by Section 202.001, Property Code.
               (10)  "Public roadway" means a public street, alley,
  road, right-of-way, or other public way, including paved and
  unpaved portions of the right-of-way.
               (11)  "Tow truck" means a motor vehicle, including a
  wrecker, equipped with a mechanical device used to tow, winch, or
  otherwise move another motor vehicle.
               (12)  "Towing company" means an individual,
  association, corporation, or other legal entity that controls,
  operates, or directs the operation of one or more tow trucks over a
  public roadway in this state but does not include a political
  subdivision of the state.
               (13)  "Unauthorized vehicle" means a vehicle parked,
  stored, or located on a parking facility without the consent of the
  parking facility owner.
               (14)  "Vehicle" means a device in, on, or by which a
  person or property may be transported on a public roadway.  The term
  includes an operable or inoperable automobile, truck, motorcycle,
  recreational vehicle, or trailer but does not include a device
  moved by human power or used exclusively on a stationary rail or
  track.
               (15)  "Vehicle owner" means a person:
                     (A)  named as the purchaser or transferee in the
  certificate of title issued for the vehicle under Chapter 501,
  Transportation Code;
                     (B)  in whose name the vehicle is registered under
  Chapter 502, Transportation Code, or a member of the person's
  immediate family;
                     (C)  who holds the vehicle through a lease
  agreement;
                     (D)  who is an unrecorded lienholder entitled to
  possess the vehicle under the terms of a chattel mortgage; or
                     (E)  who is a lienholder holding an affidavit of
  repossession and entitled to repossess the vehicle.
               (16)  "Vehicle storage facility" means a vehicle
  storage facility, as defined by Section 2303.002, that is operated
  by a person who holds a license issued under Chapter 2303 to operate
  the facility.
         Sec. 2308.003.  STUDY OF NONCONSENT TOWING FEES.  (a)  The
  department shall study the fees charged by license and permit
  holders for nonconsent tows, compliance of license and permit
  holders with local regulations governing towing fees, and consumer
  complaints related to fees for nonconsent tows.  Not later than
  January 1, 2009, the department shall report to the legislature the
  findings of the study, including any recommendations for state
  regulation of towing fees.
         (b)  This section expires September 1, 2009.
  [Sections 2308.004-2308.050 reserved for expansion]
  SUBCHAPTER B.  ADVISORY BOARD
         Sec. 2308.051.  TOWING AND STORAGE ADVISORY BOARD.  (a)  The
  advisory board consists of the following members appointed by the
  presiding officer of the commission with the approval of the
  commission:
               (1)  one representative of a towing company operating
  in a county with a population of less than one million;
               (2)  one representative of a towing company operating
  in a county with a population of one million or more;
               (3)  one owner of a vehicle storage facility located in
  a county with a population of less than one million;
               (4)  one owner of a vehicle storage facility located in
  a county with a population of one million or more;
               (5)  one parking facility owner;
               (6)  one law enforcement officer from a county with a
  population of less than one million;
               (7)  one law enforcement officer from a county with a
  population of one million or more; and
               (8)  one representative of property and casualty
  insurers who write automobile insurance in this state.
         (b)  The advisory board must include representation for each
  classification of towing.
         (c)  An appointment to the advisory board shall be made
  without regard to the race, color, disability, sex, religion, age,
  or national origin of the appointee.
         Sec. 2308.052.  TERMS; VACANCIES.  (a)  Advisory board
  members serve terms of six years, with the terms of two or three
  members, as appropriate, expiring on February 1 of each
  odd-numbered year.
         (b)  A member may not serve more than two full consecutive
  terms.
         (c)  If a vacancy occurs during a term, the presiding officer
  of the commission shall appoint a replacement who meets the
  qualifications of the vacated position to serve for the remainder
  of the term.
         Sec. 2308.053.  PRESIDING OFFICER.  The presiding officer of
  the commission shall appoint one of the advisory board members to
  serve as presiding officer of the advisory board for a term of one
  year.  The presiding officer of the advisory board may vote on any
  matter before the advisory board.
         Sec. 2308.054.  COMPENSATION; REIMBURSEMENT OF EXPENSES.  
  Advisory board members may not receive compensation but are
  entitled to reimbursement for actual and necessary expenses
  incurred in performing the functions of the advisory board, subject
  to the General Appropriations Act.
         Sec. 2308.055.  MEETINGS.  The advisory board shall meet
  twice annually and may meet at other times at the call of the
  presiding officer of the commission or the executive director.
         Sec. 2308.056.  GENERAL POWERS AND DUTIES.  The executive
  director or commission, as appropriate, may take action as
  necessary to administer and enforce this chapter.
         Sec. 2308.057.  RULES.  (a)  The commission shall adopt
  rules for permitting tow trucks and licensing towing operators and
  towing companies.
         (b)  The commission by rule shall adopt standards of conduct
  for license and permit holders under this chapter.
         Sec. 2308.058.  FEES.  The commission shall establish and
  collect reasonable and necessary fees in amounts sufficient to
  cover the costs of administering this chapter.
         Sec. 2308.059.  PERIODIC AND RISK-BASED INSPECTIONS.  (a)  
  The department may enter and inspect at any time during business
  hours:
               (1)  the place of business of any person regulated
  under this chapter; or
               (2)  any place in which the department has reasonable
  cause to believe that a license or permit holder is in violation of
  this chapter or in violation of a rule or order of the commission or
  executive director.
         (b)  The department shall conduct additional inspections
  based on a schedule of risk-based inspections using the following
  criteria:
               (1)  the type and nature of the towing company or
  operator;
               (2)  the inspection history;
               (3)  any history of complaints involving the towing
  company or operator; and
               (4)  any other factor determined by the commission by
  rule.
         (c)  The towing company shall pay a fee for each risk-based
  inspection performed under this section.  The commission by rule
  shall set the amount of the fee.
         (d)  In conducting an inspection under this section, the
  department may inspect a vehicle, a facility, business records, or
  any other place or thing reasonably required to enforce this
  chapter or a rule or order adopted under this chapter.
         Sec. 2308.060.  POWERS AND DUTIES OF ADVISORY BOARD.  The
  advisory board shall provide advice and recommendations to the
  department on technical matters relevant to the administration and
  enforcement of this chapter, including examination content,
  licensing standards, and continuing education requirements.
         Sec. 2308.061.  PERSONNEL.  The department may employ
  personnel necessary to administer and enforce this chapter.
  [Sections 2308.062-2308.100 reserved for expansion]
  SUBCHAPTER C.  TOW TRUCK PERMIT REQUIREMENTS
         Sec. 2308.101.  PERMIT REQUIRED.  A tow truck may not be used
  for consent towing or nonconsent towing on a public roadway in this
  state unless an appropriate permit has been issued for the tow truck
  under this subchapter.  Each tow truck requires a separate permit.
         Sec. 2308.102.  APPLICATION REQUIREMENTS.  (a)  An applicant
  for a permit under this subchapter must submit to the department:
               (1)  a completed application on a form prescribed by
  the executive director;
               (2)  evidence of insurance or financial responsibility
  required under this subchapter;
               (3)  the required fees; and
               (4)  any other information required by the executive
  director.
         (b)  The department may conduct an examination of any
  criminal conviction of an applicant, including by obtaining any
  criminal history record information permitted by law.
         Sec. 2308.103.  REQUIREMENTS FOR INCIDENT MANAGEMENT TOWING
  PERMIT.  (a)  An incident management towing permit is required for a
  tow truck used to perform any nonconsent tow initiated by a peace
  officer, including a tow authorized under Section 545.3051,
  Transportation Code.
         (b)  To be eligible for an incident management towing permit,
  an applicant must submit evidence that:
               (1)  the tow truck is equipped to tow light-duty or
  heavy-duty vehicles according to the manufacturer's towing
  guidelines;
               (2)  the applicant has at least $500,000 of liability
  insurance for the tow truck; and
               (3)  the applicant has at least $50,000 of cargo
  insurance for the tow truck.
         (c)  A tow truck permitted under this section may also be
  used for private property towing and consent towing.
         (d)  When a tow truck is used for a nonconsent tow initiated
  by a peace officer under Section 545.3051, Transportation Code, the
  permit holder is an agent of law enforcement and is subject to
  Section 545.3051(e), Transportation Code.
         Sec. 2308.104.  REQUIREMENTS FOR PRIVATE PROPERTY TOWING
  PERMIT.  (a)  A private property towing permit is required for a tow
  truck used to perform a nonconsent tow authorized by a parking
  facility owner under this chapter.
         (b)  To be eligible for a private property towing permit, an
  applicant must submit evidence that:
               (1)  the tow truck is equipped to tow light-duty or
  heavy-duty vehicles according to the manufacturer's towing
  guidelines;
               (2)  the applicant has at least $300,000 of liability
  insurance for the tow truck; and
               (3)  the applicant has at least $50,000 of cargo
  insurance for the tow truck.
         (c)  A tow truck permitted under this section may also be
  used for consent towing but not for incident management towing.
         Sec. 2308.105.  REQUIREMENTS FOR CONSENT TOWING PERMIT.  (a)  
  A consent towing permit is required for a tow truck used to perform
  a consent tow authorized by the vehicle owner.
         (b)  To be eligible for a consent towing permit, an applicant
  must submit evidence that:
               (1)  the tow truck is equipped to tow light-duty or
  heavy-duty vehicles according to the manufacturer's towing
  guidelines; and
               (2)  the applicant has at least $300,000 of liability
  insurance for the tow truck.
         (c)  A tow truck permitted under this section may not be used
  for nonconsent towing, including incident management towing and
  private property towing.
         Sec. 2308.106.  DEPARTMENT APPROVAL; ISSUANCE OF PERMIT.  
  (a)  The department shall issue a permit under this subchapter to an
  applicant who meets the requirements for a permit.  The department
  may deny an application if the applicant has had a permit revoked
  under this chapter.
         (b)  The department shall issue a certificate containing a
  single unique permit number for each tow truck, regardless of
  whether the permit holder holds more than one permit.
         Sec. 2308.107.  PERMIT RENEWAL.  (a)  A permit issued under
  this chapter is valid for one year.  The department may adopt a
  system under which permits expire at different times during the
  year.
         (b)  The department shall notify the permit holder at least
  30 days before the date a permit expires.  The notice must be in
  writing and sent to the permit holder's last known address
  according to the records of the department.
         (c)  A permit holder may renew a permit under this chapter
  by:
               (1)  paying a fee for each tow truck; and
               (2)  providing to the department evidence of continuing
  insurance or financial responsibility in an amount required by this
  chapter.
         Sec. 2308.108.  CAB CARDS.  (a)  The department shall issue a
  cab card for each tow truck issued a permit.  The cab card must:
               (1)  show the permit number of the certificate issued
  under Section 2308.106(b);
               (2)  show the type of permit issued;
               (3)  show the vehicle unit number;
               (4)  show the vehicle identification number; and
               (5)  contain a statement that the vehicle has been
  issued a permit under this subchapter.
         (b)  The department shall issue a cab card when the
  department issues or renews a permit under this subchapter.
         (c)  A permit holder must keep the cab card in the cab of each
  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