By: Wentworth S.B. No. 525
73R4214 DWS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the towing of motor vehicles.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 480, Acts of the 65th Legislature,
1-5 Regular Session, 1977 (Article 6701g-1, Vernon's Texas Civil
1-6 Statutes), is amended by amending Sections 1 and 2 and adding
1-7 Section 1A to read as follows:
1-8 Sec. 1. In this Act, "parking facility," "parking facility
1-9 owner," "towing company," and "vehicle" have the meanings assigned
1-10 by Section 1, Chapter 835, Acts of the 65th Legislature, Regular
1-11 Session, 1977 (Article 6701g-2, Vernon's Texas Civil Statutes) <The
1-12 owner of premises at or upon which a governmental body requires the
1-13 designation and maintenance of a fire lane, or the agent of the
1-14 owner, may have any motor vehicle that is parked in the fire lane,
1-15 except an authorized emergency vehicle, removed and stored at the
1-16 expense of the owner or operator of the vehicle, if the fire lane
1-17 is required by a governmental body having authority to require fire
1-18 lanes and is conspicuously designated as a fire lane in compliance
1-19 with requirements of the governmental body>.
1-20 Sec. 1A. (a) A parking facility owner may have a motor
1-21 vehicle other than a government-authorized emergency vehicle
1-22 removed from the owner's parking facility and stored at the expense
1-23 of the owner or operator of the vehicle if the vehicle is:
1-24 (1) parked in or obstructing a fire lane that is
2-1 marked as provided by Subsection (b) of this section;
2-2 (2) obstructing a vehicular traffic entrance, exit, or
2-3 aisle; or
2-4 (3) preventing a legally parked vehicle from exiting a
2-5 parking space.
2-6 (b) If a government regulation governing the marking of a
2-7 fire lane applies to the parking facility, the fire lane must be
2-8 marked as provided by the regulation. If a government regulation
2-9 does not apply, all curbs of the fire lane must be painted red and
2-10 be conspicuously and legibly marked with the phrase "FIRE LANE--TOW
2-11 AWAY ZONE" at intervals not exceeding 50 feet.
2-12 Sec. 2. A parking facility owner <The owner of the premises,
2-13 or his agent,> who has a vehicle removed and stored as provided in
2-14 <Section 1 of> this Act is not liable for damages incurred by the
2-15 owner or operator of the vehicle as a result of removal or storage
2-16 if the vehicle is removed by a towing company <vehicle wrecker
2-17 service> insured against liability for property damage incurred in
2-18 towing vehicles and is stored by a storage company insured against
2-19 liability for property damage incurred in the storage of vehicles.
2-20 SECTION 2. Sections 1(a) and (b), Chapter 835, Acts of the
2-21 65th Legislature, Regular Session, 1977 (Article 6701g-2, Vernon's
2-22 Texas Civil Statutes), are amended to read as follows:
2-23 (a) "Parking facility" means any public or private property
2-24 used, in whole or in part, for restricted and/or paid parking of
2-25 vehicles. "Parking facility" includes but is not limited to
2-26 commercial parking lots, parking garages, and parking areas serving
2-27 or adjacent to businesses, churches, schools, homes, condominium or
3-1 homeowners' association common areas, and apartment complexes.
3-2 "Parking facility" also includes a restricted portion or portions
3-3 of an otherwise unrestricted parking facility.
3-4 (b) "Parking facility owner" means:
3-5 (i) any operator or owner (including any lessee,
3-6 employee, or agent thereof) of a parking facility;
3-7 (ii) a condominium or homeowners' association having
3-8 control over a common area parking space that is not exclusively
3-9 reserved for an individual property owner under the declaration
3-10 governing the association; and
3-11 (iii) a property owner having an exclusive right to a
3-12 parking space under a declaration governing a condominium or
3-13 homeowners' association.
3-14 SECTION 3. Section 2, Chapter 835, Acts of the 65th
3-15 Legislature, Regular Session, 1977 (Article 6701g-2, Vernon's Texas
3-16 Civil Statutes), is amended by amending Subsection (a) and adding
3-17 Subsections (d) and (e) to read as follows:
3-18 (a) A parking facility owner may, without the consent of the
3-19 owner or operator of an unauthorized vehicle, cause such vehicle to
3-20 be removed and stored at the expense of the owner or operator of
3-21 the vehicle, if any of the following occurs:
3-22 (i) a sign or signs, specifying those persons who may
3-23 park in the parking facility and prohibiting all others, such as
3-24 "handicapped parking only" or "tenant parking only," are placed so
3-25 that they are readable day or night from all entrances to the
3-26 parking facility (but signs need not be illuminated); or
3-27 (ii) the owner or operator of the unauthorized vehicle
4-1 has <actually> received actual notice or notice as provided by
4-2 Subsection (d) of this section from the parking facility owner or
4-3 the parking facility owner's agent that the vehicle will be towed
4-4 away if it is not removed<; or>
4-5 <(iii) the unauthorized vehicle is obstructing an
4-6 entrance, exit, fire lane, or aisle of the parking facility>.
4-7 (d) A vehicle owner is considered to have received notice
4-8 under Subsection (a)(ii) of this section if at least 14 days before
4-9 the date the vehicle is removed:
4-10 (i) a notice complying with Subsection (e) of this
4-11 section is mailed to the vehicle owner; and
4-12 (ii) a conspicuous notice is attached to the vehicle's
4-13 windshield stating that the vehicle is illegally parked and will be
4-14 towed away if not removed.
4-15 (e) A notice mailed under Subsection (d)(i) of this section
4-16 must:
4-17 (i) state that the vehicle will be towed if it is not
4-18 removed before the 15th day after the date that the notice is
4-19 postmarked;
4-20 (ii) state that a notice of the required removal has
4-21 been attached to the vehicle's windshield; and
4-22 (iii) be mailed by certified mail, return receipt
4-23 requested, to the last address shown for the vehicle owner in the
4-24 records of the Texas Department of Transportation, or if the
4-25 vehicle is registered in another state, the appropriate agency of
4-26 that state.
4-27 SECTION 4. This Act takes effect September 1, 1993.
5-1 SECTION 5. The importance of this legislation and the
5-2 crowded condition of the calendars in both houses create an
5-3 emergency and an imperative public necessity that the
5-4 constitutional rule requiring bills to be read on three several
5-5 days in each house be suspended, and this rule is hereby suspended.