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.