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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 78(R)

HOUSE BILL 560    

HOUSE AUTHOR: Pickett

EFFECTIVE: 1-1-04           

SENATE SPONSOR: Madla

            House Bill 560 amends the Transportation Code to authorize the owner of a parking facility or certain other real property that serves a residential apartment complex to remove an unattended vehicle that obstructs pedestrian or vehicle traffic; is parked in a designated tow away zone; obstructs or is parked in a restricted area; is leaking dangerous fluids; or is a semitrailer, trailer, or truck-tractor unless the parking of the latter class of vehicle is allowed under the terms of the vehicle owner's or operator's rental or lease agreement. The bill exempts certain unattended emergency vehicles from removal. The bill prohibits the parking facility owner from having an unattended vehicle removed merely because it does not display an unexpired license plate, registration insignia, or valid inspection certificate unless the owner or operator of the vehicle is given at least 10 days' written notice that the vehicle will be towed at the vehicle owner's or operator's expense if it is not removed from the parking facility. The bill requires such written notice to be delivered to the vehicle's owner or operator in person or by certified mail with a return receipt requested. The bill specifies that its provisions do not authorize a vehicle owner or operator to leave an unattended vehicle on property that is not designed or intended for parking, and that they do not affect the enforcement of other laws relating to abandoned motor vehicles.