BILL ANALYSIS



S.B. 560
By: Patterson (Bosse)
04-26-95
Committee Report (Unamended)


BACKGROUND

Currently, a vehicle storage facility has no legal recourse for the
disposal of abandoned vehicles.  In the event that the police
department does not auction abandoned motor vehicles under the
litter abatement act, the vehicle storage facility needs to have
legal means by which to dispose of the vehicles.

PURPOSE

As proposed, S.B. 560 sets forth procedures for the disposal of
abandoned vehicles.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 5.05(b) and (d), Article 4477-9a,
V.T.C.S., as follows:

     (b)  Provides that a garage keeper who fails to report the
     possession of an abandoned vehicle to the police department
     within seven days, rather than 48 hours, after the date it
     becomes abandoned may no longer claim reimbursement for
     storage of the vehicle.
     
     (d)  Prohibits the police department from taking a vehicle
     into custody and authorizes a storage facility to dispose of
     a vehicle as provided by Chapter 70, Property Code, if the
     police department does not take the vehicle into custody
     before the 31st day after the date the notice is sent under
     Subsection (c).
     
SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date:  September 1, 1995.

SECTION 4. Emergency clause.
           Effective date: upon passage.


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 S.B. 560 and recognized Representative Bosse to explain
S.B. 560.  The Chair recognized the following person who testified
in support of S.B. 560.  Larry Cernosek, Texas Towing and Storage
Association.  There were no witnesses testifying in opposition to
S.B. 560.  The Chair left S.B. 560 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 S.B. 560 by Patterson, which was pending before the
Committee.  Representative Moreno moved that the Committee report
S.B. 560, 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).