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).