BILL ANALYSIS S.B. 1278 By: Luna State Affairs 4-24-95 Committee Report (Amended) BACKGROUND Currently, a requirement for signs prohibiting and restricting parking is in effect. A sign that is not in compliance with the standards in Article 6701g-2, V.T.C.S., constitutes an illegal tow should a vehicle be removed from a parking facility without the consent of the owner or operator. PURPOSE As proposed, S.B. 1278 authorizes an owner or operator of a vehicle to contest whether probable cause existed for the removal and placement of the owner's or operator's vehicle. 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 Article 6701g-3, V.T.C.S., as follows: Art. 6701g-3. RIGHTS OF OWNER OF A STORED VEHICLE Sec. 1. DEFINITIONS. Redefines "vehicle storage facility" and "parking facility," "towing company," and "vehicle." Sec. 2. RIGHT TO HEARING. (a) Provides that if a vehicle has been removed, rather than moved, and placed in a vehicle storage facility without the consent of the owner or operator, the owner or operator is entitled to a hearing to determine whether or not probable cause existed for the removal and placement of the vehicle. (b) Requires a hearing under this article to be before a justice of the peace or magistrate in whose jurisdiction the location from which the vehicle was removed, rather than a vehicle storage facility, is located. (c) Makes a conforming change. Sec. 3. REQUEST. (a) Requires a person entitled to a hearing under this article to deliver a written request for the hearing to the court before the 14th, rather than the sixth day after the date the vehicle was removed and placed in the storage facility. (b) Sets forth the required contents of a written notice under this section. Sec. 4. HEARING. (a) Makes no change. (b) Requires the court to 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) Authorizes the court to charge a filing fee of $17.50, rather than $10, for a hearing under this article. Authorizes the court to award the reasonable cost of any photographs submitted under Section 3(b)(7) of this article. (d)-(e) Make no change. Sec. 5. PAYMENT OF STORAGE COSTS. Makes conforming changes. Sec. 6. NOTICE. (a) Requires the towing company or vehicle storage facility that received payment, at the time of payment, to give the owner or operator written notice of the person's rights under this article if the owner or operator of a vehicle paid removal or storage costs before the hearing. Requires the operator of a vehicle storage facility that sends a notice to include with that notice a notice of the person's rights under this article. Sets forth the required contents of a notice under this subsection. (b) Sets forth the required contents of the notice depending on whether a towing company or the vehicle storage facility is located within or outside a municipality. (c) Provides that 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: September 1, 1995. Makes application of this Act prospective. SECTION 3. Emergency clause.