S.B. No. 1278
                                        AN ACT
    1-1  relating to the rights of an owner or operator of a towed vehicle.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Article 6701g-3, Revised Statutes, is amended to
    1-4  read as follows:
    1-5        Art. 6701g-3.  RIGHTS OF OWNER OF A STORED VEHICLE
    1-6        Sec. 1.  DEFINITIONS.  In this article:
    1-7              (1)  "Vehicle storage facility" has the meaning
    1-8  assigned to that term by the Vehicle Storage Facility Act (Article
    1-9  6687-9a, Revised Statutes).
   1-10              (2)  "Parking facility," "towing company," and
   1-11  "vehicle" have <"Vehicle" has> the meanings <meaning> assigned to
   1-12  those terms <that term> by Chapter 835, Acts of the 65th
   1-13  Legislature, Regular Session, 1977 (Article 6701g-2, Vernon's Texas
   1-14  Civil Statutes) <Article 6687-9a, Revised Statutes>.
   1-15        Sec. 2.  RIGHT TO HEARING.  (a)  If a vehicle has been
   1-16  removed <moved> and placed in a vehicle storage facility without
   1-17  the consent of the owner or operator, the owner or operator is
   1-18  entitled to a hearing to determine whether or not probable cause
   1-19  existed for the removal and placement of the vehicle.
   1-20        (b)  Except as provided by Subsection (c) of this section, a
   1-21  hearing under this article shall be before a justice of the peace
   1-22  or magistrate in whose jurisdiction the location from which the
   1-23  vehicle was removed <vehicle storage facility> is located.
   1-24        (c)  In a municipality that has a population of 1,200,000 or
    2-1  more, according to the most recent federal decennial census, a
    2-2  hearing under this article shall be before a municipal court judge
    2-3  in whose jurisdiction the location from which the vehicle was
    2-4  removed <vehicle storage facility> is located.
    2-5        Sec. 3.  REQUEST.  (a)  Except as provided by Section 6(c) of
    2-6  this article, a <A> person entitled to a hearing under this article
    2-7  must deliver a written request for the hearing to the court before
    2-8  the 14th <sixth> day after the date the vehicle was removed and
    2-9  placed in the vehicle storage facility.  In computing time under
   2-10  this subsection, Saturdays, Sundays, and legal holidays are
   2-11  excluded.  A person who fails to deliver the request within the
   2-12  specified time period waives the right to the hearing.
   2-13        (b)  A written notice under this section must contain the
   2-14  following information:
   2-15              (1)  the name, address, and telephone number of the
   2-16  owner or operator of the vehicle;
   2-17              (2)  the date and the location from which the vehicle
   2-18  was removed;
   2-19              (3)  the name, address, and telephone number of the
   2-20  person or law enforcement agency who authorized the removal; <and>
   2-21              (4)  the name, address, and telephone number of the
   2-22  vehicle storage facility where the vehicle was placed;
   2-23              (5)  the name, address, and telephone number of the
   2-24  towing company that removed the vehicle;
   2-25              (6)  a copy of any receipt or notification that the
   2-26  owner or operator received from the towing company or vehicle
   2-27  storage facility; and
    3-1              (7)  if the vehicle was removed from a parking
    3-2  facility, photographs showing the location and text of any signs
    3-3  posted at the facility restricting parking of vehicles or a
    3-4  statement that no signs restricting parking were posted at the
    3-5  parking facility.
    3-6        Sec. 4.  HEARING.  (a)  A hearing under this article shall be
    3-7  held before the seventh <fourth> working day after the date the
    3-8  request for the hearing was received by the court.
    3-9        (b)  The court shall notify the person requesting the hearing
   3-10  <vehicle's owner> and the person or law enforcement agency who
   3-11  authorized the removal of the vehicle of the date, time, and place
   3-12  of the hearing.
   3-13        (c)  The court may charge a filing fee of $10 for a hearing
   3-14  under this article and may award court costs to the prevailing
   3-15  party.  If the owner or operator of the vehicle is the prevailing
   3-16  party, the court may award the reasonable cost of any photographs
   3-17  submitted under Section 3(b)(7) of this article.
   3-18        (d)  The sole issue in a hearing under this article is
   3-19  whether or not probable cause existed for the removal and placement
   3-20  of the vehicle.
   3-21        (e)  The court shall make written findings of fact and a
   3-22  conclusion of law regarding the issue in the hearing.
   3-23        Sec. 5.  PAYMENT OF STORAGE COSTS.  (a)  If the court
   3-24  determines that probable cause existed for the removal and
   3-25  placement of the vehicle, the person requesting the hearing <owner
   3-26  of the vehicle> shall pay the costs of removing and storing the
   3-27  vehicle.
    4-1        (b)  If the court does not determine that probable cause
    4-2  existed for the removal and placement of the vehicle, the person or
    4-3  law enforcement agency who authorized the removal shall pay the
    4-4  costs of removing and storing the vehicle.  If the vehicle's owner
    4-5  or operator paid removal or storage costs before the hearing, the
    4-6  person or law enforcement agency shall fully reimburse the owner or
    4-7  operator.
    4-8        Sec. 6.  NOTICE.  (a)  If the owner or operator of a vehicle
    4-9  paid removal or storage costs before the hearing, the towing
   4-10  company or vehicle storage facility that received the payment shall
   4-11  at the time of payment give the owner or operator written notice of
   4-12  the person's rights under this article.  The operator of a vehicle
   4-13  storage facility that sends a notice under Section 13, Vehicle
   4-14  Storage Facility Act (Article 6687-9a, Revised Statutes), shall
   4-15  include with that notice a notice of the person's rights under this
   4-16  article.  A notice required by this subsection must include:
   4-17              (1)  a statement of:
   4-18                    (A)  the person's right to submit a request
   4-19  within 14 days for a court hearing to determine if probable cause
   4-20  existed to remove the vehicle;
   4-21                    (B)  the contents of a request for a hearing
   4-22  required by this article; and
   4-23                    (C)  the filing fee for a request for a hearing;
   4-24  and
   4-25              (2)  the name, address, and telephone number of:
   4-26                    (A)  the towing company that removed the vehicle;
   4-27                    (B)  the vehicle storage facility in which the
    5-1  vehicle was placed; and
    5-2                    (C)  one or more appropriate magistrates as
    5-3  determined under Subsection (b) of this section.
    5-4        (b)  If the towing company that removed the vehicle or the
    5-5  vehicle storage facility in which the vehicle was placed is located
    5-6  in a municipality, the notice under this section must include the
    5-7  name, address, and telephone number of the municipal court of the
    5-8  municipality.  If the towing company that removed the vehicle or
    5-9  the vehicle storage facility in which the vehicle was placed is not
   5-10  located in a municipality, the notice under this section must
   5-11  include the name, address, and telephone number of the justice of
   5-12  the peace of the precinct in which the towing company or vehicle
   5-13  storage facility is located.
   5-14        (c)  If notice is not given as required by this section, the
   5-15  14-day deadline for requesting a hearing under Section 3(a) of this
   5-16  article does not apply, and the owner or operator may submit a
   5-17  request under that section at any time.
   5-18        SECTION 2.  This Act takes effect September 1, 1995, and
   5-19  applies only to a vehicle removal by a towing company that occurs
   5-20  on or after that date.  A vehicle removal by a towing company that
   5-21  occurred before the effective date of this Act is governed by the
   5-22  law in effect at the time of removal, and the former law is
   5-23  continued in effect for that purpose.
   5-24        SECTION 3.  The importance of this legislation and the
   5-25  crowded condition of the calendars in both houses create an
   5-26  emergency and an imperative public necessity that the
   5-27  constitutional rule requiring bills to be read on three several
    6-1  days in each house be suspended, and this rule is hereby suspended.