73R9079 DWS-F
By Danburg H.B. No. 1135
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the towing of vehicles.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 835, Acts of the 65th Legislature,
1-5 Regular Session, 1977 (Article 6701g-2, Vernon's Texas Civil
1-6 Statutes), is amended to read as follows:
1-7 Sec. 1. In this Act:
1-8 (1) <(a)> "Parking facility" means any public or
1-9 private property used, in whole or in part, for restricted and/or
1-10 paid parking of vehicles. "Parking facility" includes but is not
1-11 limited to commercial parking lots, parking garages, and parking
1-12 areas serving or adjacent to businesses, churches, schools, homes,
1-13 <and> apartment complexes, property governed by a property owners'
1-14 association, and government-owned property leased to a private
1-15 person. "Parking facility" also includes a restricted space or
1-16 spaces on a portion or portions of an otherwise unrestricted
1-17 parking facility.
1-18 (2) <(b)> "Parking facility owner" means:
1-19 (A) an <any> operator or owner (including a
1-20 <any> lessee, employee, or agent thereof) of a parking facility;
1-21 (B) a property owners' association having
1-22 control over assigned or unassigned parking areas according to a
1-23 dedicatory instrument; and
1-24 (C) a property owner having exclusive use rights
2-1 to a parking space under a dedicatory instrument.
2-2 (3) <(c)> "Public roadway <highway>" means any public
2-3 street, alley, road, right-of-way, or other public way, including
2-4 paved and unpaved portions of the right-of-way, unless otherwise
2-5 stated.
2-6 (4) <(d)> "Towing company" means a person operating a
2-7 tow truck registered under Chapter 1135, Acts of the 70th
2-8 Legislature, Regular Session, 1987 (Article 6687-9b, Vernon's Texas
2-9 Civil Statutes) <any individual, corporation, partnership, or
2-10 association engaged in the business of towing vehicles on a public
2-11 highway for compensation or with the expectation of compensation
2-12 for the towing, storage, or repair of vehicles>. The term "towing
2-13 company" includes the owner, operator, employee, or agent of a
2-14 towing company, but does not include cities, counties, or other
2-15 political subdivisions of the state.
2-16 (5) <(e)> "Vehicle" means every kind of device in,
2-17 upon, or by which any person or property is or may be transported
2-18 or drawn on a public roadway <highway>, except devices moved by
2-19 human power or used exclusively on stationary rails or tracks. The
2-20 term includes an operable or inoperable automobile, truck,
2-21 motorcycle, recreational vehicle, or trailer.
2-22 (6) <(f)> "Unauthorized vehicle" means any vehicle
2-23 parked, stored, or situated in or on a parking facility without the
2-24 consent of the parking facility owner.
2-25 (7) "Property owners' association" and "dedicatory
2-26 instrument" have the meanings assigned by Section 202.001, Property
2-27 Code.
3-1 (8) "Vehicle storage facility" means a facility
3-2 operated by a person licensed under the Vehicle Storage Facility
3-3 Act (Article 6687-9a, Revised Statutes).
3-4 Sec. 2. (a) The owner or operator of a vehicle may not
3-5 leave a vehicle unattended on a parking facility if the vehicle:
3-6 (1) is in or obstructs a vehicular traffic aisle,
3-7 entry, or exit of the parking facility;
3-8 (2) prevents a vehicle from exiting a parking space in
3-9 the facility;
3-10 (3) is in or obstructs a fire lane marked according to
3-11 Subsection (b) of this section; or
3-12 (4) is in a disabled parking space that is designated
3-13 for the exclusive use of vehicles transporting disabled persons and
3-14 does not display the specially designed license plate for vehicles
3-15 transporting disabled persons or the removeable windshield
3-16 identification card issued under Chapter 338, Acts of the 64th
3-17 Legislature, Regular Session, 1975 (Article 6675a-5e.1, Vernon's
3-18 Texas Civil Statutes).
3-19 (b) If a government regulation governing the marking of fire
3-20 lanes applies to a parking facility, fire lanes in the facility
3-21 must be marked as provided by the regulation. If a government
3-22 regulation on the marking of fire lanes does not apply to the
3-23 parking facility, all curbs of fire lanes must be painted red and
3-24 be conspicuously and legibly marked with the warning "FIRE
3-25 LANE--TOW AWAY ZONE" in white letters at least three inches tall,
3-26 at intervals not exceeding 50 feet.
3-27 (c) This section does not apply to an emergency vehicle that
4-1 is owned by or the operation of which is authorized by a
4-2 governmental entity.
4-3 Sec. 3. <2.> (a) A parking facility owner may, without the
4-4 consent of the owner or operator of an unauthorized vehicle, cause
4-5 such vehicle and any property resting on or contained within it to
4-6 be removed and stored at a vehicle storage facility at the expense
4-7 of the owner or operator of the vehicle, if any of the following
4-8 occurs:
4-9 (1) <(i)> a sign or signs prohibiting unauthorized
4-10 vehicles have been installed on the parking facility for at least
4-11 24 consecutive hours and remain installed at the time of towing<,
4-12 specifying those persons who may park in the parking facility and
4-13 prohibiting all others, are placed so that they are readable day or
4-14 night from all entrances to the parking facility (but signs need
4-15 not be illuminated)>;
4-16 (2) <(ii)> the owner or operator of the unauthorized
4-17 vehicle has actually received notice from the parking facility
4-18 owner that the vehicle will be towed at the vehicle owner's or
4-19 operator's expense <away> if it is parked in an unauthorized space
4-20 or not removed from an unauthorized space; <or>
4-21 (3) the parking facility owner gives notice to the
4-22 owner or operator of the unauthorized vehicle as provided by
4-23 Subsection (b) of this section that the vehicle will be towed at
4-24 the expense of the owner or operator if it is in an unauthorized
4-25 space or is not removed from an unauthorized space; or
4-26 (4) <(iii)> the unauthorized vehicle, in violation of
4-27 Section 2 of this Act, is preventing another vehicle from exiting a
5-1 parking space on the parking facility or is in or obstructing a
5-2 fire lane, disabled parking space, aisle, entry, or exit, including
5-3 any portion of a paved driveway or abutting public roadway used for
5-4 entering or exiting the facility <is obstructing an entrance, exit,
5-5 fire lane, or aisle of the parking facility>.
5-6 (b) A parking facility owner is considered to have given
5-7 notice under Subsection (a)(3) of this section if:
5-8 (1) a conspicuous notice has been attached to the
5-9 vehicle's front windshield, or to another conspicuous location on
5-10 the vehicle if the vehicle has no front windshield, stating that
5-11 the vehicle is in a parking space in which the vehicle is not
5-12 authorized to be parked, describing all other unauthorized areas in
5-13 the parking facility, stating that the vehicle will be towed at the
5-14 expense of the owner or operator if it remains in an unauthorized
5-15 area of the parking facility, and stating a telephone number that
5-16 is answered 24 hours a day to enable the owner or operator of a
5-17 towed vehicle to locate the vehicle; and
5-18 (2) after the notice was attached to the vehicle as
5-19 provided by Subdivision (1) of this subsection:
5-20 (A) the vehicle is parked by the owner or
5-21 operator of the vehicle in another location where parking is
5-22 unauthorized for the vehicle according to the notice; or
5-23 (B) a notice was mailed to the vehicle owner by
5-24 certified mail, return receipt requested, to the last address shown
5-25 for the vehicle owner according to the vehicle registration records
5-26 of the Texas Department of Transportation, or if the vehicle is
5-27 registered in another state, the appropriate agency of that state.
6-1 (c) The notice under Subsection (b)(2)(B) of this section
6-2 must state that the vehicle is in a space for which the vehicle is
6-3 not authorized to park, describe all other unauthorized areas in
6-4 the parking facility, contain a warning that the unauthorized
6-5 vehicle will be towed at the expense of the owner or operator if it
6-6 is not removed from the parking facility before the 15th day after
6-7 the postmark date of the notice, and state a telephone number that
6-8 is answered 24 hours a day to enable the owner or operator of a
6-9 towed vehicle to locate it.
6-10 (d) A <(b) Otherwise, a> parking facility owner may not
6-11 have an unauthorized vehicle removed from the facility except as
6-12 provided by this Act, a municipal ordinance that complies with
6-13 Section 10 of this Act, or under the direction of a peace officer
6-14 or the owner or operator of such vehicle.
6-15 (e) <(c)> A parking facility owner who causes the removal of
6-16 an unauthorized vehicle in compliance with the provisions of this
6-17 Act <section> shall not be liable for damages arising out of the
6-18 removal or storage of such vehicle if the vehicle is:
6-19 (1) removed by a towing company insured against
6-20 liability for property damage incurred in towing vehicles; and
6-21 (2) stored by a vehicle storage facility insured
6-22 against liability for property damage incurred in storing
6-23 vehicles<, if the same is removed by an insured towing company>.
6-24 (f) If a parking facility owner posts an unauthorized
6-25 parking sign as described in Sections 6(a), (b), and (c) of this
6-26 Act anywhere in the facility, the owner of a vehicle that is towed
6-27 from the facility for any reason under this Act must be able to
7-1 locate the vehicle by calling the telephone number posted on the
7-2 sign.
7-3 Sec. 4. <3.> (a) Only a <A> towing company that is insured
7-4 against liability for property damage incurred in towing vehicles
7-5 may, without the consent of the owner or operator of an
7-6 unauthorized vehicle, remove and store such vehicle at a vehicle
7-7 storage facility at the expense of the owner or operator of the
7-8 vehicle, if any of the following occurs:
7-9 (1) the towing company has received written
7-10 verification from the parking facility owner that the parking
7-11 facility owner has, in compliance with Section (3)(a)(1) of this
7-12 Act, caused signs to be installed in accordance with Section 6 of
7-13 this Act;
7-14 (2) <(i) a sign or signs, specifying those persons who
7-15 may park in the parking facility and prohibiting all others, are
7-16 placed so that they are readable day or night from all entrances to
7-17 the parking facility (but signs need not be illuminated);>
7-18 <(ii)> the towing company has received written
7-19 verification from the parking facility owner that the vehicle owner
7-20 or operator received actual notice under Section 3(a)(2) of this
7-21 Act or that the facility owner gave notice complying with Section
7-22 3(a)(3) of this Act <that the owner or operator of the unauthorized
7-23 vehicle has been actually notified by the parking facility owner>
7-24 that the vehicle will be towed at the vehicle owner's or operator's
7-25 expense <away> if it is not removed; or
7-26 (3) <(iii)> the unauthorized vehicle in violation of
7-27 Section 2 of this Act is preventing another vehicle from exiting a
8-1 parking space or is in or obstructing a fire lane, disabled parking
8-2 space, aisle, entry, or exit, including any portion of a paved
8-3 driveway or abutting public roadway used for entering or exiting
8-4 the facility <is obstructing an entrance, exit, fire lane, or aisle
8-5 of the parking facility>.
8-6 (b) A <Otherwise, a> towing company may not remove an
8-7 unauthorized vehicle except under this Act, a municipal ordinance
8-8 that complies with Section 10 of this Act, or the direction of a
8-9 peace officer or the owner or operator of such vehicle.
8-10 Sec. 5. (a) A vehicle storage facility accepting a vehicle
8-11 that is towed under this Act, within two hours after receiving the
8-12 vehicle, shall report to the police department of the municipality
8-13 in which the parking facility is located, or, if the parking
8-14 facility is not located within a municipality having a police
8-15 department, to the sheriff of the county in which the parking
8-16 facility is located, the following information:
8-17 (1) a general description of the vehicle;
8-18 (2) the state and number of the vehicle's license
8-19 plate, if any;
8-20 (3) the vehicle's vehicle identification number, if it
8-21 can be ascertained;
8-22 (4) the location from which the vehicle was towed; and
8-23 (5) the name and location of the vehicle storage
8-24 facility where the vehicle is being stored.
8-25 (b) The vehicle storage facility shall deliver the report
8-26 required by this section by telephone, facsimile, or personal
8-27 delivery.
9-1 Sec. 6. (a) Except as provided by Subsection (d), (e), or
9-2 (f) of this section, for an unauthorized vehicle to be towed under
9-3 Section 3(a)(1) of this Act, a sign prohibiting unauthorized
9-4 vehicles on a parking facility must be:
9-5 (1) conspicuously visible to and facing the driver of
9-6 a vehicle that enters the facility;
9-7 (2) located on the right-hand or left-hand side of
9-8 each driveway or curb-cut through which a vehicle can enter the
9-9 facility, including any entry point along an alley abutting the
9-10 facility;
9-11 (3) permanently mounted on a pole, post, permanent
9-12 wall, or permanent barrier;
9-13 (4) installed on the parking facility; and
9-14 (5) installed so that the bottom edge of the sign is
9-15 no lower than five feet and no higher than eight feet above ground
9-16 level.
9-17 (b) Except as provided by Subsection (e) of this section,
9-18 for an unauthorized vehicle to be towed under Section 3(a)(1) of
9-19 this Act, each sign prohibiting unauthorized vehicles must:
9-20 (1) be made of weather-resistant material;
9-21 (2) be at least 18 inches wide and 24 inches tall;
9-22 (3) contain the international symbol for towing
9-23 vehicles, which is a generally rectangular shape and contains a
9-24 solid silhouette of a tow truck towing a vehicle;
9-25 (4) contain a statement describing who may park in
9-26 the parking facility and prohibiting all others, such as "Tenant
9-27 Parking Only," "Patient Parking Only," "Parking for Customers and
10-1 Permit Holders Only," or "No Parking by Anyone";
10-2 (5) bear the words "Unauthorized Vehicles Will Be
10-3 Towed at Owner's or Operator's Expense";
10-4 (6) contain a statement of the days and hours of
10-5 towing enforcement, such as "Towing Enforced at All Times" or
10-6 "Towing Enforced 7 a.m. to 7 p.m., Monday through Friday"; and
10-7 (7) contain a current telephone number, including the
10-8 area code, that is answered 24 hours a day to enable the owner or
10-9 operator of a towed vehicle to locate it.
10-10 (c) Except as provided by Subsection (e) of this section,
10-11 each sign required by this Act shall comply with the following
10-12 color, layout, and lettering height requirements:
10-13 (1) the topmost portion of the sign must contain the
10-14 international towing symbol. The symbol must be bright red on a
10-15 white background, at least four inches tall, and placed at the top
10-16 of the unauthorized parking sign or on a separate sign immediately
10-17 above the unauthorized parking sign;
10-18 (2) the portion of the sign immediately below the
10-19 towing symbol must contain the words "Towing Enforced" or the
10-20 information in Subsection (b)(4) of this section in lettering at
10-21 least two inches tall. Before January 1, 1996, the lettering on
10-22 this portion of the sign must be white letters on a bright red
10-23 background or bright red letters on a white background, and after
10-24 that date, the lettering on this portion must be white letters on a
10-25 bright red background;
10-26 (3) except as provided by Subdivision (4) of this
10-27 subsection, the next portion of the sign must contain the remaining
11-1 information required by Subsection (b) of this section, with bright
11-2 red letters at least one inch tall on a white background; and
11-3 (4) the bottommost portion of the sign must contain
11-4 the 24-hour telephone number, in lettering at least one inch tall
11-5 and may, if the facility owner chooses or if an applicable
11-6 municipal ordinance requires, include the name and address of the
11-7 storage facility to which an unauthorized vehicle will be removed.
11-8 Before January 1, 1996, the lettering on this portion of the sign
11-9 must be white letters on a bright red background or bright red
11-10 letters on a white background. After that date, the lettering on
11-11 this portion must be white letters on a bright red background.
11-12 (d) A parking facility owner may designate one or more
11-13 spaces as restricted parking spaces on a portion or portions of an
11-14 otherwise unrestricted parking facility. Instead of installing
11-15 unauthorized parking signs at each entrance to the parking facility
11-16 as provided by Subsection (a)(2) of this section, a sign that
11-17 prohibits unauthorized vehicles from parking in designated spaces
11-18 and that otherwise complies with Subsections (a), (b), and (c) of
11-19 this section, may be placed:
11-20 (1) at the right-hand or left-hand side of each
11-21 entrance to a designated area or group of parking spaces located on
11-22 the restricted portion of the parking facility; or
11-23 (2) at the end of an individual parking space so that
11-24 the sign, with the top no higher than seven feet above ground
11-25 level, is in front of a vehicle parked in the space with the rear
11-26 of the vehicle being at the entrance of the space.
11-27 (e) A parking facility owner who complies with the entry
12-1 sign requirements of Subsection (a), (b), or (c) of this section
12-2 may impose individual parking restrictions in an area covered by
12-3 the signs for individual spaces by installing or painting a
12-4 weather-resistant sign or notice on a curb, pole, post, permanent
12-5 wall, or permanent barrier so that the sign is in front of a
12-6 vehicle parked in the space with the rear of the vehicle being at
12-7 the entrance of the space. The top of the sign or notice must be
12-8 no higher than seven feet above ground level. A sign must include
12-9 an indication that the space is reserved for a particular unit
12-10 number, person, or type of person, such as "Reserved for Unit 101,"
12-11 "Reserved for Suite 202," "Reserved for John Doe," "Reserved for
12-12 Tenant," "Reserved for Permit Holders," or "Reserved for Permit
12-13 #123". The letters must be at least two inches tall and must
12-14 contrast to the color of the curb, wall, or barrier so they can be
12-15 read day and night. The letters do not need to be illuminated or
12-16 made of reflective material.
12-17 (f) If curbs, access barriers, landscaping, or driveways do
12-18 not establish definite vehicle entrances onto the parking facility
12-19 from a public roadway other than an alley and if an entrance
12-20 exceeds 35 feet in width, each of the unauthorized parking signs
12-21 otherwise complying with Subsections (a), (b), and (c) must be
12-22 located at intervals along the entrance so that no entrance is
12-23 further than 25 feet from a sign.
12-24 (g) Minor variations of required or minimum heights of signs
12-25 and letters do not constitute a violation of this Act.
12-26 Sec. 7. <4.> (a) In this Act, a parking facility includes:
12-27 (1) a portion of the right-of-way of a public roadway
13-1 that is leased by a governmental entity to the parking facility
13-2 owner; and
13-3 (2) the area between the facility's property line
13-4 abutting a county or municipal public roadway and the center line
13-5 of the roadway's drainageway or the curb of the roadway, whichever
13-6 is farthest from the facility's property line.
13-7 (b) Unless prohibited in the lease, a parking facility owner
13-8 or towing company may remove an unauthorized vehicle parked in
13-9 whole or in part in a leased area described by Subsection (a)(1) of
13-10 this section if the owner or towing company:
13-11 (1) gives notice by sign as provided by Section
13-12 3(a)(1) of this Act and otherwise complies with this Act; or
13-13 (2) gives notice to the vehicle owner or operator as
13-14 provided by Section 3(a)(2) or 3(a)(3) of this Act and otherwise
13-15 complies with this Act.
13-16 (c) Unless prohibited by an applicable municipal ordinance,
13-17 a parking facility owner or towing company may remove an
13-18 unauthorized vehicle parked in whole or in part in an area
13-19 described by Subsection (a)(2) of this section by giving notice as
13-20 provided by Section 3(a)(2) or 3(a)(3) of this Act and otherwise
13-21 complying with this Act.
13-22 (d) A governmental authority that has jurisdiction over a
13-23 public roadway and that has posted one or more signs in the
13-24 right-of-way stating that parking is prohibited in the right-of-way
13-25 may:
13-26 (1) remove or contract with a towing company to remove
13-27 an unauthorized vehicle parked in the right-of-way of the public
14-1 roadway, on direction of a representative of the governmental
14-2 authority; or
14-3 (2) grant written permission to an abutting parking
14-4 facility owner to post "No parking in R.O.W." signs along the
14-5 common property line between the facility and the public roadway
14-6 and to remove vehicles from the right-of-way of the public roadway
14-7 in compliance with this Act.
14-8 (e) The signs under Subsection (d)(2) of this section must
14-9 state that vehicles parked in the right-of-way may be towed at the
14-10 vehicle owner's or operator's expense and must be placed facing the
14-11 public roadway, on the parking facility owner's property within two
14-12 feet from the common boundary line, and at intervals so that no
14-13 point in the boundary line is less than 25 feet from a sign posted
14-14 under this subsection. In all other respects the signs must comply
14-15 with Section 6 of this Act.
14-16 (f) If "No parking in R.O.W." signs have been posted in
14-17 accordance with Subsection (e) of this section, a parking facility
14-18 owner or a towing company may remove an unauthorized vehicle from
14-19 the right-of-way to the extent allowed in the governmental
14-20 authority's written permission to the facility owner under
14-21 Subsection (d)(2) of this section.
14-22 (g) A parking facility owner or towing company may not
14-23 remove a vehicle from a public roadway <highway> except under this
14-24 Act, a municipal ordinance complying with Section 10 of this Act,
14-25 or the direction of a peace officer or the owner or operator of
14-26 such vehicle.
14-27 Sec. 8. <5.> A parking facility owner may not accept
15-1 anything of value, directly or indirectly, from a towing company in
15-2 connection with the removal of a vehicle from a parking facility.
15-3 A parking facility owner may not have a monetary <pecuniary>
15-4 interest, directly or indirectly, in a towing company which removes
15-5 unauthorized vehicles for compensation from a parking facility in
15-6 which the parking facility owner has an interest.
15-7 Sec. 9. <6.> A towing company may not give anything of
15-8 value, directly or indirectly, to a parking facility owner in
15-9 connection with the removal of a vehicle from a parking facility.
15-10 A towing company may not have a monetary <pecuniary> interest,
15-11 directly or indirectly, in a parking facility from which the towing
15-12 company removes unauthorized vehicles for compensation.
15-13 Sec. 10. A municipality may adopt an ordinance that is
15-14 identical to this Act or that imposes additional requirements that
15-15 exceed the minimum standards contained in this Act but may not
15-16 adopt an ordinance that conflicts with this Act.
15-17 Sec. 11. <7.> (a) Any towing company or parking facility
15-18 owner who violates this Act shall be liable to the owner or
15-19 operator of the vehicle for damages arising out of the removal or
15-20 storage of such vehicle and/or any towing or storage fees assessed
15-21 in connection with the removal or storage of such vehicle.
15-22 Negligence on the part of the parking facility owner or towing
15-23 company need not be proven in order to recover under this
15-24 subsection.
15-25 (b) A towing company or parking facility owner who
15-26 knowingly, intentionally, or recklessly violates this Act shall be
15-27 liable to the owner or operator of the vehicle for $300 <$100> plus
16-1 treble the amount of fees assessed in the removal, towing, or
16-2 storage of the vehicle.
16-3 (c) In any suit brought under this Act, the prevailing party
16-4 shall recover reasonable attorney's fees from the nonprevailing
16-5 party.
16-6 Sec. 12. <8.> Any violation of this Act is punishable by a
16-7 fine of not less than $200 and not more than $500 <a Class B
16-8 misdemeanor>. Any violation of the provisions of this Act may be
16-9 enjoined pursuant to the provisions of the Deceptive Trade
16-10 Practices-Consumer Protection Act.
16-11 SECTION 2. Chapter 480, Acts of the 65th Legislature,
16-12 Regular Session, 1977 (Article 6701g-1, Vernon's Texas Civil
16-13 Statutes), is repealed.
16-14 SECTION 3. The changes in law made by this Act apply only to
16-15 a removal of an unauthorized vehicle from a parking facility that
16-16 occurs on or after the effective date of this Act. A removal of an
16-17 unauthorized vehicle from a parking facility that occurs before the
16-18 effective date of this Act is governed by the law in effect when
16-19 the removal occurred, and the former law is continued in effect for
16-20 that purpose.
16-21 SECTION 4. This Act takes effect January 1, 1994.
16-22 SECTION 5. The importance of this legislation and the
16-23 crowded condition of the calendars in both houses create an
16-24 emergency and an imperative public necessity that the
16-25 constitutional rule requiring bills to be read on three several
16-26 days in each house be suspended, and this rule is hereby suspended.