BILL ANALYSIS H.B. 1838 By: Maxey 04-26-95 Committee Report (Unamended) BACKGROUND Last session changes were made, in the towing industry, that standardized "tow-away zone" signs. The new standardized signs are clearly marked and easy to read, so motorists can easily detect legal and illegal parking facilities. Unfortunately, many towing companies throughout the state are not complying with the law regarding sign requirements. In order for competition to be fair, everyone should have to comply with the sign requirements, regarding location and text, as required by current law (Vernon's Texas Revised Civil Statutes, Article 6701g-3). Residents as well as visitors to our state are being illegally towed from parking facilities both public and private. Many towing companies in the state realize that there is no enforcement of the sign law by law enforcement officials, and continue to use incorrect signs in order to tow the uneducated public. PURPOSE H.B. 1838 provides for recourse for an owner or operator of an illegally impounded or towed vehicle. Because this program uses photographic evidence produced by the motorist, no additional burden is placed on our law enforcement officers. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1: Article 6701g-3, Revised Statutes, is amended to read as follows. Sect.1. DEFINITIONS. Defines "vehicle storage facility", "parking facility", "towing company", and "vehicle". Sect.2. RIGHT TO HEARING. (a) Gives right to a hearing to owner or operator of vehicle if they think that no probable cause existed for the removal and placement of vehicle. (b) If a hearing is warranted, a justice of the peace or magistrate in whose jurisdiction the towing company or vehicle storage facility is located will hear the case. (c) Same as (b) above in a municipality with a population of 1,200,000 or more. Sect.3. REQUEST. (a) Except as provided by Sect.6(c) of this article, this section details time allowances and procedures involved for a person requesting a hearing. (b) Details what must be included in the written notice requesting a hearing. Sect.4. HEARING. (a) Relates to the hearing which under this article shall be held before the fourth working day after the date the request for the hearing was received by the court. (b) The court shall notify the person requesting the hearing and the person or law enforcement agency who authorized the removal of the vehicle of the date, time, and place of the hearing. (c) A $17.50 filing fee may be charged by the court and the court costs may be awarded to the prevailing party. If the owner or operator of the vehicle is the prevailing party, the court may award the reasonable cost of any photographs submitted under Section 3(b)(7) of this article. (d) The sole issue in a hearing under this article is whether or not probable cause existed for the removal and placement of the vehicle. (e) The court shall make written findings of fact and a conclusion of law regarding the issue in the hearing. Sect.5. PAYMENT OF STORAGE COSTS. (a) If the court so determines, the person requesting the hearing shall pay the costs of removing and storing the vehicle. (b) If the court so determines, the person or law enforcement agency who authorized the removal shall pay the costs of removing and storing the vehicle. If costs were paid before said hearing, the owner or operator shall be reimbursed. Sect.6. NOTICE. (a) States that the owner or operator of the vehicle shall be given written notice of their rights under this article and lists requirements that must be included in the notice. (b) The name, address, and telephone number of appropriate magistrate shall be provided by the towing company in the notice given to towed operator or owner. (c) If notice is not given as required by this section, the 14-day deadline for requesting a hearing under Section 3(a) of this article does not apply, and the owner or operator may submit a request under that section at any time. SECTION 2: Effective date of September 1, 1995. SECTION 3: Emergency clause. SUMMARY OF COMMITTEE ACTION Pursuant to a public notice posed on April 13, 1995 at 4:14 p.m., the House Committee on Transportation met in a public hearing on Wednesday, April 19, 1995 at 2:00 p.m., or upon adjournment, in Room E1.014 of the Capitol Extension and was called to order at 2:16 p.m. by the Chair, Representative Clyde Alexander. The Chair laid out H.B. 1838 and recognized Representative Maxey to explain H.B. 1838. The Chair recognized the following person who testified in support of H.B. 1838. Pat Johnson, Impound Manager, Johnny Bates Wrecker Service. There were no witnesses testifying in opposition to H.B. 1838. The Chair left H.B. 1838 pending before the Committee. Pursuant to a public notice posted on April 21, 1995, at 4:04 p.m., the House Committee on Transportation met in a public hearing on Wednesday, April 26, 1995, at 2:00 p.m., or upon adjournment, in Room E1.014 of the Capitol Extension and was called to order at 6:13 p.m. by the Chair, Representative Clyde Alexander. The Chair laid out H.B. 1838 by Maxey, which was pending before the Committee. Representative Price moved that the Committee report H.B. 1838, without amendments, to the full House with the recommendation that it do pass. The motion prevailed by the following vote: Ayes (8), Nayes (0), Absent (1), Present not voting (0).