1-1  By:  Danburg (Senate Sponsor - Wentworth)             H.B. No. 1135
    1-2        (In the Senate - Received from the House May 10, 1993;
    1-3  May 11, 1993, read first time and referred to Committee on State
    1-4  Affairs; May 20, 1993, reported favorably, as amended, by the
    1-5  following vote:  Yeas 9, Nays 0; May 20, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Harris of Dallas   x                               
    1-9        Rosson             x                               
   1-10        Carriker                                       x   
   1-11        Henderson          x                               
   1-12        Leedom             x                               
   1-13        Lucio              x                               
   1-14        Luna                                           x   
   1-15        Nelson             x                               
   1-16        Patterson          x                               
   1-17        Shelley                                        x   
   1-18        Sibley             x                               
   1-19        West               x                               
   1-20        Whitmire                                       x   
   1-21  COMMITTEE AMENDMENT NO. 1                     By:  Harris of Dallas
   1-22  Amend HB 1135 to add new Section 3 as follows and renumber
   1-23  subsequent sections accordingly:
   1-24        Section 3.  Repealer.  The Administrative Adjudication of
   1-25  Parking Offenses Act (Article 6701d-24, Vernon's Texas Civil
   1-26  Statutes) is repealed.
   1-27                         A BILL TO BE ENTITLED
   1-28                                AN ACT
   1-29  relating to the towing of vehicles.
   1-30        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-31        SECTION 1.  Chapter 835, Acts of the 65th Legislature,
   1-32  Regular Session, 1977 (Article 6701g-2, Vernon's Texas Civil
   1-33  Statutes), is amended to read as follows:
   1-34        Sec. 1.  In this Act:
   1-35              (1) <(a)>  "Parking facility" means any public or
   1-36  private property used, in whole or in part, for restricted and/or
   1-37  paid parking of vehicles.  "Parking facility" includes but is not
   1-38  limited to commercial parking lots, parking garages, and parking
   1-39  areas serving or adjacent to businesses, churches, schools, homes,
   1-40  <and> apartment complexes, property governed by a property owners'
   1-41  association, and government-owned property leased to a private
   1-42  person.  "Parking facility" also includes a restricted space or
   1-43  spaces on a portion or portions of an otherwise unrestricted
   1-44  parking facility.
   1-45              (2) <(b)>  "Parking facility owner" means:
   1-46                    (A)  an <any> operator or owner (including a
   1-47  <any> lessee, employee, or agent thereof) of a parking facility;
   1-48                    (B)  a property owners' association having
   1-49  control over assigned or unassigned parking areas according to a
   1-50  dedicatory instrument; and
   1-51                    (C)  a property owner having exclusive use rights
   1-52  to a parking space under a dedicatory instrument.
   1-53              (3) <(c)>  "Public roadway <highway>" means any public
   1-54  street, alley, road, right-of-way, or other public way, including
   1-55  paved and unpaved portions of the right-of-way, unless otherwise
   1-56  stated.
   1-57              (4) <(d)>  "Towing company" means a person operating a
   1-58  tow truck registered under Chapter 1135, Acts of the 70th
   1-59  Legislature, Regular Session, 1987 (Article 6687-9b, Vernon's Texas
   1-60  Civil Statutes) <any individual, corporation, partnership, or
   1-61  association engaged in the business of towing vehicles on a public
   1-62  highway for compensation or with the expectation of compensation
   1-63  for the towing, storage, or repair of vehicles>.  The term "towing
   1-64  company" includes the owner, operator, employee, or agent of a
   1-65  towing company, but does not include cities, counties, or other
   1-66  political subdivisions of the state.
   1-67              (5) <(e)>  "Vehicle" means every kind of device in,
   1-68  upon, or by which any person or property is or may be transported
    2-1  or drawn on a public roadway <highway>, except devices moved by
    2-2  human power or used exclusively on stationary rails or tracks.  The
    2-3  term includes an operable or inoperable automobile, truck,
    2-4  motorcycle, recreational vehicle, or trailer.
    2-5              (6) <(f)>  "Unauthorized vehicle" means any vehicle
    2-6  parked, stored, or situated in or on a parking facility without the
    2-7  consent of the parking facility owner.
    2-8              (7)  "Property owners' association" and "dedicatory
    2-9  instrument" have the meanings assigned by Section 202.001, Property
   2-10  Code.
   2-11              (8)  "Vehicle storage facility" means a facility
   2-12  operated by a person licensed under the Vehicle Storage Facility
   2-13  Act (Article 6687-9a, Revised Statutes).
   2-14        Sec. 2.  (a)  The owner or operator of a vehicle may not
   2-15  leave a vehicle unattended on a parking facility if the vehicle:
   2-16              (1)  is in or obstructs a vehicular traffic aisle,
   2-17  entry, or exit of the parking facility;
   2-18              (2)  prevents a vehicle from exiting a parking space in
   2-19  the facility;
   2-20              (3)  is in or obstructs a fire lane marked according to
   2-21  Subsection (b) of this section; or
   2-22              (4)  is in a disabled parking space that is designated
   2-23  for the exclusive use of vehicles transporting disabled persons and
   2-24  does not display the specially designed license plate for vehicles
   2-25  transporting disabled persons or the removeable windshield
   2-26  identification card issued under Chapter 338, Acts of the 64th
   2-27  Legislature, Regular Session, 1975 (Article 6675a-5e.1, Vernon's
   2-28  Texas Civil Statutes).
   2-29        (b)  If a government regulation governing the marking of fire
   2-30  lanes applies to a parking facility, fire lanes in the facility
   2-31  must be marked as provided by the regulation.  If a government
   2-32  regulation on the marking of fire lanes does not apply to the
   2-33  parking facility, all curbs of fire lanes must be painted red and
   2-34  be conspicuously and legibly marked with the warning "FIRE
   2-35  LANE--TOW AWAY ZONE" in white letters at least three inches tall,
   2-36  at intervals not exceeding 50 feet.
   2-37        (c)  This section does not apply to an emergency vehicle that
   2-38  is owned by or the operation of which is authorized by a
   2-39  governmental entity.
   2-40        Sec. 3. <2.>  (a)  A parking facility owner may, without the
   2-41  consent of the owner or operator of an unauthorized vehicle, cause
   2-42  such vehicle and any property resting on or contained within it to
   2-43  be removed and stored at a vehicle storage facility at the expense
   2-44  of the owner or operator of the vehicle, if any of the following
   2-45  occurs:
   2-46              (1) <(i)>  a sign or signs prohibiting unauthorized
   2-47  vehicles have been installed on the parking facility for at least
   2-48  24 consecutive hours and remain installed at the time of towing<,
   2-49  specifying those persons who may park in the parking facility and
   2-50  prohibiting all others, are placed so that they are readable day or
   2-51  night from all entrances to the parking facility (but signs need
   2-52  not be illuminated)>;
   2-53              (2) <(ii)>  the owner or operator of the unauthorized
   2-54  vehicle has actually received notice from the parking facility
   2-55  owner that the vehicle will be towed at the vehicle owner's or
   2-56  operator's expense <away> if it is parked in an unauthorized space
   2-57  or not removed from an unauthorized space; <or>
   2-58              (3)  the parking facility owner gives notice to the
   2-59  owner or operator of the unauthorized vehicle as provided by
   2-60  Subsection (b) of this section that the vehicle will be towed at
   2-61  the expense of the owner or operator if it is in an unauthorized
   2-62  space or is not removed from an unauthorized space; or
   2-63              (4) <(iii)>  the unauthorized vehicle, in violation of
   2-64  Section 2 of this Act, is preventing another vehicle from exiting a
   2-65  parking space on the parking facility or is in or obstructing a
   2-66  fire lane, disabled parking space, aisle, entry, or exit, including
   2-67  any portion of a paved driveway or abutting public roadway used for
   2-68  entering or exiting the facility <is obstructing an entrance, exit,
   2-69  fire lane, or aisle of the parking facility>.
   2-70        (b)  A parking facility owner is considered to have given
    3-1  notice under Subsection (a)(3) of this section if:
    3-2              (1)  a conspicuous notice has been attached to the
    3-3  vehicle's front windshield, or to another conspicuous location on
    3-4  the vehicle if the vehicle has no front windshield, stating that
    3-5  the vehicle is in a parking space in which the vehicle is not
    3-6  authorized to be parked, describing all other unauthorized areas in
    3-7  the parking facility, stating that the vehicle will be towed at the
    3-8  expense of the owner or operator if it remains in an unauthorized
    3-9  area of the parking facility, and stating a telephone number that
   3-10  is answered 24 hours a day to enable the owner or operator of a
   3-11  towed vehicle to locate the vehicle; and
   3-12              (2)  after the notice was attached to the vehicle as
   3-13  provided by Subdivision (1) of this subsection:
   3-14                    (A)  the vehicle is parked by the owner or
   3-15  operator of the vehicle in another location where parking is
   3-16  unauthorized for the vehicle according to the notice; or
   3-17                    (B)  a notice was mailed to the vehicle owner by
   3-18  certified mail, return receipt requested, to the last address shown
   3-19  for the vehicle owner according to the vehicle registration records
   3-20  of the Texas Department of Transportation, or if the vehicle is
   3-21  registered in another state, the appropriate agency of that state.
   3-22        (c)  The notice under Subsection (b)(2)(B) of this section
   3-23  must state that the vehicle is in a space for which the vehicle is
   3-24  not authorized to park, describe all other unauthorized areas in
   3-25  the parking facility, contain a warning that the unauthorized
   3-26  vehicle will be towed at the expense of the owner or operator if it
   3-27  is not removed from the parking facility before the 15th day after
   3-28  the postmark date of the notice, and state a telephone number that
   3-29  is answered 24 hours a day to enable the owner or operator of a
   3-30  towed vehicle to locate it.
   3-31        (d)  A <(b)  Otherwise, a> parking facility owner may not
   3-32  have an unauthorized vehicle removed from the facility except as
   3-33  provided by this Act, a municipal ordinance that complies with
   3-34  Section 10 of this Act, or under the direction of a peace officer
   3-35  or the owner or operator of such vehicle.
   3-36        (e) <(c)>  A parking facility owner who causes the removal of
   3-37  an unauthorized vehicle in compliance with the provisions of this
   3-38  Act <section> shall not be liable for damages arising out of the
   3-39  removal or storage of such vehicle if the vehicle is:
   3-40              (1)  removed by a towing company insured against
   3-41  liability for property damage incurred in towing vehicles; and
   3-42              (2)  stored by a vehicle storage facility insured
   3-43  against liability for property damage incurred in storing
   3-44  vehicles<, if the same is removed by an insured towing company>.
   3-45        (f)  If a parking facility owner posts an unauthorized
   3-46  parking sign as described in Sections 6(a), (b), and (c) of this
   3-47  Act anywhere in the facility, the owner of a vehicle that is towed
   3-48  from the facility for any reason under this Act must be able to
   3-49  locate the vehicle by calling the telephone number posted on the
   3-50  sign.
   3-51        Sec. 4. <3.>  (a)  Only a  <A> towing company that is insured
   3-52  against liability for property damage incurred in towing vehicles
   3-53  may, without the consent of the owner or operator of an
   3-54  unauthorized vehicle, remove and store such vehicle at a vehicle
   3-55  storage facility at the expense of the owner or operator of the
   3-56  vehicle, if any of the following occurs:
   3-57              (1)  the towing company has received written
   3-58  verification from the parking facility owner that the parking
   3-59  facility owner has, in compliance with Section (3)(a)(1) of this
   3-60  Act, caused signs to be installed in accordance with Section 6 of
   3-61  this Act;
   3-62              (2) <(i)  a sign or signs, specifying those persons who
   3-63  may park in the parking facility and prohibiting all others, are
   3-64  placed so that they are readable day or night from all entrances to
   3-65  the parking facility (but signs need not be illuminated);>
   3-66                    <(ii)>  the towing company has received written
   3-67  verification from the parking facility owner that the vehicle owner
   3-68  or operator received actual notice under Section 3(a)(2) of this
   3-69  Act or that the facility owner gave notice complying with Section
   3-70  3(a)(3) of this Act <that the owner or operator of the unauthorized
    4-1  vehicle has been actually notified by the parking facility owner>
    4-2  that the vehicle will be towed at the vehicle owner's or operator's
    4-3  expense <away> if it is not removed; or
    4-4              (3) <(iii)>  the unauthorized vehicle in violation of
    4-5  Section 2 of this Act is preventing another vehicle from exiting a
    4-6  parking space or is in or obstructing a fire lane, disabled parking
    4-7  space, aisle, entry, or exit, including any portion of a paved
    4-8  driveway or abutting public roadway used for entering or exiting
    4-9  the facility <is obstructing an entrance, exit, fire lane, or aisle
   4-10  of the parking facility>.
   4-11        (b)  A  <Otherwise, a> towing company may not remove an
   4-12  unauthorized vehicle except under this Act, a municipal ordinance
   4-13  that complies with Section 10 of this Act, or the direction of a
   4-14  peace officer or the owner or operator of such vehicle.
   4-15        Sec. 5.  (a)  A vehicle storage facility accepting a vehicle
   4-16  that is towed under this Act, within two hours after receiving the
   4-17  vehicle, shall report to the police department of the municipality
   4-18  in which the parking facility is located, or, if the parking
   4-19  facility is not located within a municipality having a police
   4-20  department, to the sheriff of the county in which the parking
   4-21  facility is located, the following information:
   4-22              (1)  a general description of the vehicle;
   4-23              (2)  the state and number of the vehicle's license
   4-24  plate, if any;
   4-25              (3)  the vehicle's vehicle identification number, if it
   4-26  can be ascertained;
   4-27              (4)  the location from which the vehicle was towed; and
   4-28              (5)  the name and location of the vehicle storage
   4-29  facility where the vehicle is being stored.
   4-30        (b)  The vehicle storage facility shall deliver the report
   4-31  required by this section by telephone, facsimile, or personal
   4-32  delivery.
   4-33        Sec. 6.  (a)  Except as provided by Subsection (d), (e), or
   4-34  (f) of this section, for an unauthorized vehicle to be towed under
   4-35  Section 3(a)(1) of this Act, a sign prohibiting unauthorized
   4-36  vehicles on a parking facility must be:
   4-37              (1)  conspicuously visible to and facing the driver of
   4-38  a vehicle that enters the facility;
   4-39              (2)  located on the right-hand or left-hand side of
   4-40  each driveway or curb-cut through which a vehicle can enter the
   4-41  facility, including any entry point along an alley abutting the
   4-42  facility;
   4-43              (3)  permanently mounted on a pole, post, permanent
   4-44  wall, or permanent barrier;
   4-45              (4)  installed on the parking facility; and
   4-46              (5)  installed so that the bottom edge of the sign is
   4-47  no lower than five feet and no higher than eight feet above ground
   4-48  level.
   4-49        (b)  Except as provided by Subsection (e) of this section,
   4-50  for an unauthorized vehicle to be towed under Section 3(a)(1) of
   4-51  this Act, each sign prohibiting unauthorized vehicles must:
   4-52              (1)  be made of weather-resistant material;
   4-53              (2)  be at least 18 inches wide and 24 inches tall;
   4-54              (3)  contain the international symbol for towing
   4-55  vehicles, which is a generally rectangular shape and contains a
   4-56  solid silhouette of a tow truck towing a vehicle;
   4-57              (4)  contain a statement describing  who may park in
   4-58  the parking facility and prohibiting all others, such as "Tenant
   4-59  Parking Only," "Patient Parking Only," "Parking for Customers and
   4-60  Permit Holders Only," or "No Parking by Anyone";
   4-61              (5)  bear the words "Unauthorized Vehicles Will Be
   4-62  Towed at Owner's or Operator's Expense";
   4-63              (6)  contain a statement of the days and hours of
   4-64  towing enforcement, such as "Towing Enforced at All Times" or
   4-65  "Towing Enforced 7 a.m. to 7 p.m., Monday through Friday"; and
   4-66              (7)  contain a current telephone number, including the
   4-67  area code, that is answered 24 hours a day to enable the owner or
   4-68  operator of a towed vehicle to locate it.
   4-69        (c)  Except as provided by Subsection (e) of this section,
   4-70  each sign required by this Act shall comply with the following
    5-1  color, layout, and lettering height requirements:
    5-2              (1)  the topmost portion of the sign must contain the
    5-3  international towing symbol.  The symbol must be bright red on a
    5-4  white background, at least four inches tall, and placed at the top
    5-5  of the unauthorized parking sign or on a separate sign immediately
    5-6  above the unauthorized parking sign;
    5-7              (2)  the portion of the sign immediately below the
    5-8  towing symbol must contain the words "Towing Enforced" or the
    5-9  information in Subsection (b)(4) of this section in lettering at
   5-10  least two inches tall.  Before January 1, 1996, the lettering on
   5-11  this portion of the sign must be white letters on a bright red
   5-12  background or bright red letters on a white background, and after
   5-13  that date, the lettering on this portion must be white letters on a
   5-14  bright red background;
   5-15              (3)  except as provided by Subdivision (4) of this
   5-16  subsection, the next portion of the sign must contain the remaining
   5-17  information required by Subsection (b) of this section, with bright
   5-18  red letters at least one inch tall on a white background; and
   5-19              (4)  the bottommost portion of the sign must contain
   5-20  the 24-hour telephone number, in lettering at least one inch tall
   5-21  and may, if the facility owner chooses or if an applicable
   5-22  municipal ordinance requires, include the name and address of the
   5-23  storage facility to which an unauthorized vehicle will be removed.
   5-24  Before January 1, 1996, the lettering on this portion of the sign
   5-25  must be white letters on a bright red background or bright red
   5-26  letters on a white background.  After that date, the lettering on
   5-27  this portion must be white letters on a bright red background.
   5-28        (d)  A parking facility owner may designate one or more
   5-29  spaces as restricted parking spaces on a portion or portions of an
   5-30  otherwise unrestricted parking facility.  Instead of installing
   5-31  unauthorized parking signs at each entrance to the parking facility
   5-32  as provided by Subsection (a)(2) of this section, a sign that
   5-33  prohibits unauthorized vehicles from parking in designated spaces
   5-34  and that otherwise complies with Subsections (a), (b), and (c) of
   5-35  this section, may be placed:
   5-36              (1)  at the right-hand or left-hand side of each
   5-37  entrance to a designated area or group of parking spaces located on
   5-38  the restricted portion of the parking facility; or
   5-39              (2)  at the end of an individual parking space so that
   5-40  the sign, with the top no higher than seven feet above ground
   5-41  level, is in front of a vehicle parked in the space with the rear
   5-42  of the vehicle being at the entrance of the space.
   5-43        (e)  A parking facility owner who complies with the entry
   5-44  sign requirements of Subsection (a), (b), or (c) of this section
   5-45  may impose individual parking restrictions in an area covered by
   5-46  the signs for individual spaces by installing or painting a
   5-47  weather-resistant sign or notice on a curb, pole, post, permanent
   5-48  wall, or permanent barrier so that the sign is in front of a
   5-49  vehicle parked in the space with the rear of the vehicle being at
   5-50  the entrance of the space.  The top of the sign or notice must be
   5-51  no higher than seven feet above ground level.  A sign must include
   5-52  an indication that the space is reserved for a particular unit
   5-53  number, person, or type of person, such as "Reserved for Unit 101,"
   5-54  "Reserved for Suite 202," "Reserved for John Doe," "Reserved for
   5-55  Tenant," "Reserved for Permit Holders," or "Reserved for Permit
   5-56  #123".  The letters must be at least two inches tall and must
   5-57  contrast to the color of the curb, wall, or barrier so they can be
   5-58  read day and night.  The letters do not need to be illuminated or
   5-59  made of reflective material.
   5-60        (f)  If curbs, access barriers, landscaping, or driveways do
   5-61  not establish definite vehicle entrances onto the parking facility
   5-62  from a public roadway other than an alley and if an entrance
   5-63  exceeds 35 feet in width, each of the unauthorized parking signs
   5-64  otherwise complying with Subsections (a), (b), and (c) must be
   5-65  located at intervals along the entrance so that no entrance is
   5-66  further than 25 feet from a sign.
   5-67        (g)  Minor variations of required or minimum heights of signs
   5-68  and letters do not constitute a violation of this Act.
   5-69        Sec. 7. <4.>  (a)  In this Act, a parking facility includes:
   5-70              (1)  a portion of the right-of-way of a public roadway
    6-1  that is leased by a governmental entity to the parking facility
    6-2  owner; and
    6-3              (2)  the area between the facility's property line
    6-4  abutting a county or municipal public roadway and the center line
    6-5  of the roadway's drainageway or the curb of the roadway, whichever
    6-6  is farthest from the facility's property line.
    6-7        (b)  Unless prohibited in the lease, a parking facility owner
    6-8  or towing company may remove an unauthorized vehicle parked in
    6-9  whole or in part in a leased area described by Subsection (a)(1) of
   6-10  this section if the owner or towing company:
   6-11              (1)  gives notice by sign as provided by Section
   6-12  3(a)(1) of this Act and otherwise complies with this Act; or
   6-13              (2)  gives notice to the vehicle owner or operator as
   6-14  provided by Section 3(a)(2) or 3(a)(3) of this Act and otherwise
   6-15  complies with this Act.
   6-16        (c)  Unless prohibited by an applicable municipal ordinance,
   6-17  a parking facility owner or towing company may remove an
   6-18  unauthorized vehicle parked in whole or in part in an area
   6-19  described by Subsection (a)(2) of this section by giving notice as
   6-20  provided by Section 3(a)(2) or 3(a)(3) of this Act and otherwise
   6-21  complying with this Act.
   6-22        (d)  A governmental authority that has jurisdiction over a
   6-23  public roadway and that has posted one or more signs in the
   6-24  right-of-way stating that parking is prohibited in the right-of-way
   6-25  may:
   6-26              (1)  remove or contract with a towing company to remove
   6-27  an unauthorized vehicle parked in the right-of-way of the public
   6-28  roadway, on direction of a representative of the governmental
   6-29  authority; or
   6-30              (2)  grant written permission to an abutting parking
   6-31  facility owner to post "No parking in R.O.W." signs along the
   6-32  common property line between the facility and the public roadway
   6-33  and to remove vehicles from the right-of-way of the public roadway
   6-34  in compliance with this Act.
   6-35        (e)  The signs under Subsection (d)(2) of this section must
   6-36  state that vehicles parked in the right-of-way may be towed at the
   6-37  vehicle owner's or operator's expense and must be placed facing the
   6-38  public roadway, on the parking facility owner's property within two
   6-39  feet from the common boundary line, and at intervals so that no
   6-40  point in the boundary line is less than 25 feet from a sign posted
   6-41  under this subsection.  In all other respects the signs must comply
   6-42  with Section 6 of this Act.
   6-43        (f)  If "No parking in R.O.W." signs have been posted in
   6-44  accordance with Subsection (e) of this section, a parking facility
   6-45  owner or a towing company may remove an unauthorized vehicle from
   6-46  the right-of-way to the extent allowed in the governmental
   6-47  authority's written permission to the facility owner under
   6-48  Subsection (d)(2) of this section.
   6-49        (g)  A parking facility owner or towing company may not
   6-50  remove a vehicle from a public roadway <highway> except under this
   6-51  Act, a municipal ordinance complying with Section 10 of this Act,
   6-52  or the direction of a peace officer or the owner or operator of
   6-53  such vehicle.
   6-54        Sec. 8. <5.>  A parking facility owner may not accept
   6-55  anything of value, directly or indirectly, from a towing company in
   6-56  connection with the removal of a vehicle from a parking facility.
   6-57  A parking facility owner may not have a monetary <pecuniary>
   6-58  interest, directly or indirectly, in a towing company which removes
   6-59  unauthorized vehicles for compensation from a parking facility in
   6-60  which the parking facility owner has an interest.
   6-61        Sec. 9. <6.>  A towing company may not give anything of
   6-62  value, directly or indirectly, to a parking facility owner in
   6-63  connection with the removal of a vehicle from a parking facility.
   6-64  A towing company may not have a monetary <pecuniary> interest,
   6-65  directly or indirectly, in a parking facility from which the towing
   6-66  company removes unauthorized vehicles for compensation.
   6-67        Sec. 10.  A municipality may adopt an ordinance that is
   6-68  identical to this Act or that imposes additional requirements that
   6-69  exceed the minimum standards contained in this Act but may not
   6-70  adopt an ordinance that conflicts with this Act.
    7-1        Sec. 11. <7.>  (a)  Any towing company or parking facility
    7-2  owner who violates this Act shall be liable to the owner or
    7-3  operator of the vehicle for damages arising out of the removal or
    7-4  storage of such vehicle and/or any towing or storage fees assessed
    7-5  in connection with the removal or storage of such vehicle.
    7-6  Negligence on the part of the parking facility owner or towing
    7-7  company need not be proven in order to recover under this
    7-8  subsection.
    7-9        (b)  A towing company or parking facility owner who
   7-10  knowingly, intentionally, or recklessly violates this Act shall be
   7-11  liable to the owner or operator of the vehicle for $300 <$100> plus
   7-12  treble the amount of fees assessed in the removal, towing, or
   7-13  storage of the vehicle.
   7-14        (c)  In any suit brought under this Act, the prevailing party
   7-15  shall recover reasonable attorney's fees from the nonprevailing
   7-16  party.
   7-17        Sec. 12. <8.>  Any violation of this Act is punishable by a
   7-18  fine of not less than $200 and not more than $500 <a Class B
   7-19  misdemeanor>.  Any violation of the provisions of this Act may be
   7-20  enjoined pursuant to the provisions of the Deceptive Trade
   7-21  Practices-Consumer Protection Act.
   7-22        SECTION 2.  Chapter 480, Acts of the 65th Legislature,
   7-23  Regular Session, 1977 (Article 6701g-1, Vernon's Texas Civil
   7-24  Statutes), is repealed.
   7-25        SECTION 3.  The changes in law made by this Act apply only to
   7-26  a removal of an unauthorized vehicle from a parking facility that
   7-27  occurs on or after the effective date of this Act.  A removal of an
   7-28  unauthorized vehicle from a parking facility that occurs before the
   7-29  effective date of this Act is governed by the law in effect when
   7-30  the removal occurred, and the former law is continued in effect for
   7-31  that purpose.
   7-32        SECTION 4.  This Act takes effect January 1, 1994.
   7-33        SECTION 5.  The importance of this legislation and the
   7-34  crowded condition of the calendars in both houses create an
   7-35  emergency and an imperative public necessity that the
   7-36  constitutional rule requiring bills to be read on three several
   7-37  days in each house be suspended, and this rule is hereby suspended.
   7-38                               * * * * *
   7-39                                                         Austin,
   7-40  Texas
   7-41                                                         May 20, 1993
   7-42  Hon. Bob Bullock
   7-43  President of the Senate
   7-44  Sir:
   7-45  We, your Committee on State Affairs to which was referred H.B. No.
   7-46  1135, have had the same under consideration, and I am instructed to
   7-47  report it back to the Senate with the recommendation that it do
   7-48  pass, as amended, and be printed.
   7-49                                                         Harris of
   7-50  Dallas, Chairman
   7-51                               * * * * *
   7-52                               WITNESSES
   7-53                                                  FOR   AGAINST  ON
   7-54  ___________________________________________________________________
   7-55  Name:  Larry Niemann                             x
   7-56  Representing:  Texas Apartment Assn
   7-57  City:  Austin
   7-58  -------------------------------------------------------------------
   7-59  Name:  Larry Niemannress                         x
   7-60  Representing:  Texas Building Owners & Mgrs
   7-61  City:  Austin
   7-62  -------------------------------------------------------------------
   7-63  Name:  Larry Niemann                             x
   7-64  Representing:  Intl Co of Shopping Centers
   7-65  City:  Austin
   7-66  -------------------------------------------------------------------
   7-67  Name:  Larry Niemann                             x
   7-68  Representing:  Texas Mini Storage Assn
   7-69  City:  Austin
   7-70  -------------------------------------------------------------------
    8-1  Name:  Marilyn Childress                         x
    8-2  Representing:  Community Assns Institute
    8-3  City:  Austin
    8-4  -------------------------------------------------------------------
    8-5                                                  FOR   AGAINST  ON
    8-6  ___________________________________________________________________
    8-7  Name:  Jeanette Rash                             x
    8-8  Representing:  Texas Towing & Storage Assn
    8-9  City:  Houston
   8-10  -------------------------------------------------------------------
   8-11  Name:  Howold Simmons                            x
   8-12  Representing:
   8-13  City:  Austin
   8-14  -------------------------------------------------------------------
   8-15  Name:  Cary Kirkland                             x
   8-16  Representing:
   8-17  City:  Austin
   8-18  -------------------------------------------------------------------