By Maxey H.B. No. 2551
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to towing, certain notice requirements for parking
1-3 facilities, and the removal of unauthorized vehicles from parking
1-4 facilities.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 2, Chapter 835, Acts of the 65th
1-7 Legislature, Regular Session, 1977 (Article 6701-g2, Vernon's Texas
1-8 Civil Statutes), is amended to read as follows:
1-9 Sec. 3. (a) A parking facility owner may, without the
1-10 consent of the owner or operator of an unauthorized vehicle, remove
1-11 and store such vehicle at the expense of the owner or operator of
1-12 the vehicle, if any of the following occurs:
1-13 <(i) a sign or signs, specifying those persons who may park
1-14 in the parking facility and prohibiting all others, are placed so
1-15 that they are readable day or night from all entrances to the
1-16 parking facility (but signs need not be illuminated);>
1-17 (i) a sign or signs specifying those persons who may park in
1-18 the parking facility, such as residents, guests, customers, permit
1-19 holders, or employees, and prohibiting all others, and scheduled
1-20 time periods when any parking restrictions apply;
1-21 (ii) the owner or operator of the unauthorized vehicle has
1-22 actually received notice from the parking facility owner that the
1-23 vehicle will be towed away if it is not removed; or
2-1 (iii) the unauthorized vehicle is obstructing an entrance,
2-2 exit, fire lane, or aisle of the parking facility.
2-3 (b) Otherwise, a parking facility owner may not have an
2-4 unauthorized vehicle removed except under the direction of a peace
2-5 officer or the owner or operator of such vehicle.
2-6 (c) A parking facility owner who causes the removal of an
2-7 authorized vehicle in compliance with the provisions of this
2-8 section shall not be liable for damages arising out of the removal
2-9 or storage of such vehicle, if the same is removed by an insured
2-10 towing company.
2-11 (d) A sign or signs referred to in Sec. 2(i) shall be of red
2-12 lettering on a reflective background and shall have dimensions of
2-13 no less than eighteen by twenty-four inches, be visible and
2-14 readable day or night from all entrances and exits to the parking
2-15 facility when the facility is near capacity (but signs need not be
2-16 illuminated), and be placed no higher than six and one half feet
2-17 above the surface of the parking facility. Any parking facility
2-18 entrance or exit fronting a public street or an access to a public
2-19 street shall have at least one sign placed within four feet of that
2-20 parking facility entrance or exit.
2-21 SECTION 2. Section 3, Chapter 835, Acts of the 65th
2-22 Legislature, Regular Session, 1977 (Article 6701-g2, Vernon's Texas
2-23 Civil Statutes), is amended to read as follows:
2-24 Sec. 3. (a) A towing company may, without the consent of
2-25 the owner or operator of an unauthorized vehicle, remove and store
3-1 such vehicle at the expense of the owner or operator of the
3-2 vehicle, if any of the following occurs:
3-3 <a sign or signs, specifying those persons who may park in
3-4 the parking facility and prohibiting all others, are placed so that
3-5 they are readable day or night from all entrances to the parking
3-6 facility entrances (but signs need not be illuminated);>
3-7 (i) A sign or signs specifying those persons who may park in
3-8 the parking facility, such as residents, guests, customers, permit
3-9 holders, or employees, and prohibiting all others, and scheduled
3-10 time periods when any parking restrictions apply;
3-11 (ii) the towing company has received written verification
3-12 from the parking facility owner that the owner or operator of the
3-13 unauthorized vehicle has been actually notified by the parking
3-14 facility owner that the vehicle will be towed away if it is not
3-15 removed; or
3-16 (iii) the unauthorized vehicle is obstructing an entrance,
3-17 exit, fire lane, or aisle of the parking facility.
3-18 (b) Otherwise, a towing company may not remove an
3-19 unauthorized vehicle except under the direction of a peace officer
3-20 or the owner or operator of such vehicle.
3-21 (c) A sign or signs referred to in Sec. 3(i) shall be of red
3-22 lettering on a reflective background and shall have dimensions of
3-23 no less than eighteen by twenty-four inches, be visible and
3-24 readable day or night from all entrances and exits to the parking
3-25 facility when the facility is near capacity (but signs need not be
4-1 illuminated), and placed no higher than six and one half feet above
4-2 the surface of the parking facility. Any parking facility entrance
4-3 or exit fronting a public street or an access to a public street
4-4 shall have at least one sign placed within four feet of that
4-5 parking facility entrance or exit.
4-6 SECTION 3. This Act takes effect September 1, 1993.
4-7 SECTION 4. The importance of this legislation and the
4-8 crowded condition of the calendars in both houses create an
4-9 emergency and an imperative public necessity that the
4-10 constitutional rule requiring bills to be read on three several
4-11 days in each house be suspended, and this rule is hereby suspended.