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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain municipal employees to request |
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the removal and storage of certain abandoned or illegally parked or |
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operated vehicles. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 215, Local Government |
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Code, is amended by adding Section 215.0731 to read as follows: |
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Sec. 215.0731. AUTHORITY FOR REMOVAL AND STORAGE OF CERTAIN |
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ILLEGALLY OPERATED VEHICLES FOR HIRE. Under an ordinance of a |
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municipality regulating the operation of vehicles for hire in the |
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municipality, including a regulation adopted by a municipality |
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under Section 2402.003(b) or (c), Occupations Code, to aid in the |
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enforcement of the ordinance: |
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(1) the municipality may authorize a designated |
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employee to request the removal of a vehicle operated in violation |
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of the ordinance; and |
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(2) a towing company may remove, and a vehicle storage |
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facility may store, a vehicle requested to be removed by an employee |
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under Subdivision (1) without authorization by a peace officer for |
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the removal or storage. |
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SECTION 2. Section 2308.354, Occupations Code, is amended |
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to read as follows: |
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Sec. 2308.354. AUTHORITY FOR REMOVAL OF VEHICLE FROM PUBLIC |
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ROADWAY. (a) Under an ordinance of a municipality regulating the |
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parking of vehicles in the municipality, to aid in the enforcement |
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of the ordinance, an employee designated by the municipality may be |
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authorized to: |
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(1) immobilize a vehicle parked in the municipality; |
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[and] |
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(2) remove an immobilized vehicle from a public |
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roadway in the municipality; and |
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(3) request the removal and storage of a vehicle that |
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is located in an area where on-street parking is regulated by the |
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ordinance and that: |
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(A) is parked illegally; or |
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(B) is parked legally and: |
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(i) has been unattended for more than 48 |
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hours; and |
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(ii) the employee has reasonable grounds to |
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believe is abandoned. |
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(b) A parking facility owner or towing company may not |
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remove a vehicle from a public roadway except under: |
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(1) this chapter or a municipal ordinance that |
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complies with Section 2308.208; or |
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(2) the direction of a peace officer, a municipal |
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employee under Subsection (a)(3), or the owner or operator of the |
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vehicle. |
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(c) Subsection [In addition to the authority granted under |
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Subsection (a) and to aid in the enforcement of an ordinance |
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regulating the parking of vehicles, a municipality with a |
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population of 1.9 million or more may authorize a designated |
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employee to request the removal of a vehicle parked illegally in an |
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area designated as a tow-away zone in a residential area where |
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on-street parking is regulated by the ordinance. |
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[(d) Subsections] (a) does [and (c) do] not apply to a |
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vehicle owned by an electric, gas, water, or telecommunications |
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utility while the vehicle is parked for the purpose of conducting |
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work on a facility of the utility that is located below, above, or |
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adjacent to the street. |
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SECTION 3. This Act takes effect September 1, 2021. |