1-1 By: Luna, Ellis, Wentworth, Madla S.B. No. 1278
1-2 (In the Senate - Filed March 10, 1995; March 20, 1995, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 21, 1995, reported favorably, as amended, by the following
1-5 vote: Yeas 10, Nays 0; April 21, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Luna
1-7 Amend S.B. No. 1278 in SECTION 1 of the bill by striking
1-8 Subsections (b) and (c), Section 2, Article 6701g-3, as amended by
1-9 the bill (introduced version, page 1, line 21 through page 2, line
1-10 5; committee printing page 1, lines 55-63), and substituting:
1-11 (b) Except as provided by Subsection (c) of this section, a
1-12 hearing under this article shall be before a justice of the peace
1-13 or magistrate in whose jurisdiction the location from which the
1-14 vehicle was removed <vehicle storage facility> is located.
1-15 (c) In a municipality that has a population of 1,200,000 or
1-16 more, according to the most recent federal decennial census, a
1-17 hearing under this article shall be before a municipal court judge
1-18 in whose jurisdiction the location from which the vehicle was
1-19 removed <vehicle storage facility> is located.
1-20 COMMITTEE AMENDMENT NO. 2 By: Luna
1-21 Amend S.B. No. 1278 in SECTION 1 of the bill by striking
1-22 Subsections (a) and (c), Section 4, Article 6701g-3, as amended by
1-23 the bill (introduced version, page 3, lines 7-9 and lines 14-18;
1-24 committee printing page 2, lines 27-29 and lines 34-30), and
1-25 substituting:
1-26 Sec. 4. HEARING. (a) A hearing under this article shall be
1-27 held before the seventh <fourth> working day after the date the
1-28 request for the hearing received by the court.
1-29 (c) The court may charge a filing fee of $10 for a hearing
1-30 under this article and may award court costs to the prevailing
1-31 party. If the owner or operator of the vehicle is the prevailing
1-32 party, the court may award the reasonable cost of any photographs
1-33 submitted under Section 3(b)(7) of this article.
1-34 A BILL TO BE ENTITLED
1-35 AN ACT
1-36 relating to the rights of an owner or operator of a towed vehicle.
1-37 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-38 SECTION 1. Article 6701g-3, Revised Statutes, is amended to
1-39 read as follows:
1-40 Art. 6701g-3. RIGHTS OF OWNER OF A STORED VEHICLE
1-41 Sec. 1. DEFINITIONS. In this article:
1-42 (1) "Vehicle storage facility" has the meaning
1-43 assigned to that term by the Vehicle Storage Facility Act (Article
1-44 6687-9a, Revised Statutes).
1-45 (2) "Parking facility," "towing company," and
1-46 "vehicle" have <"Vehicle" has> the meanings <meaning> assigned to
1-47 those terms <that term> by Chapter 835, Acts of the 65th
1-48 Legislature, Regular Session, 1977 (Article 6701g-2, Vernon's Texas
1-49 Civil Statutes) <Article 6687-9a, Revised Statutes>.
1-50 Sec. 2. RIGHT TO HEARING. (a) If a vehicle has been
1-51 removed <moved> and placed in a vehicle storage facility without
1-52 the consent of the owner or operator, the owner or operator is
1-53 entitled to a hearing to determine whether or not probable cause
1-54 existed for the removal and placement of the vehicle.
1-55 (b) Except as provided by Subsection (c) of this section, a
1-56 hearing under this article shall be before a justice of the peace
1-57 or magistrate in whose jurisdiction the towing company or vehicle
1-58 storage facility is located.
1-59 (c) In a municipality that has a population of 1,200,000 or
1-60 more, according to the most recent federal decennial census, a
1-61 hearing under this article shall be before a municipal court judge
1-62 in whose jurisdiction the towing company or vehicle storage
1-63 facility is located.
1-64 Sec. 3. REQUEST. (a) Except as provided by Section 6(c) of
1-65 this article, a <A> person entitled to a hearing under this article
1-66 must deliver a written request for the hearing to the court before
1-67 the 14th <sixth> day after the date the vehicle was removed and
1-68 placed in the vehicle storage facility. In computing time under
2-1 this subsection, Saturdays, Sundays, and legal holidays are
2-2 excluded. A person who fails to deliver the request within the
2-3 specified time period waives the right to the hearing.
2-4 (b) A written notice under this section must contain the
2-5 following information:
2-6 (1) the name, address, and telephone number of the
2-7 owner or operator of the vehicle;
2-8 (2) the date and the location from which the vehicle
2-9 was removed;
2-10 (3) the name, address, and telephone number of the
2-11 person or law enforcement agency who authorized the removal; <and>
2-12 (4) the name, address, and telephone number of the
2-13 vehicle storage facility where the vehicle was placed;
2-14 (5) the name, address, and telephone number of the
2-15 towing company that removed the vehicle;
2-16 (6) a copy of any receipt or notification that the
2-17 owner or operator received from the towing company or vehicle
2-18 storage facility; and
2-19 (7) if the vehicle was removed from a parking
2-20 facility, photographs showing the location and text of any signs
2-21 posted at the facility restricting parking of vehicles or a
2-22 statement that no signs restricting parking were posted at the
2-23 parking facility.
2-24 Sec. 4. HEARING. (a) A hearing under this article shall be
2-25 held before the fourth working day after the date the request for
2-26 the hearing was received by the court.
2-27 (b) The court shall notify the person requesting the hearing
2-28 <vehicle's owner> and the person or law enforcement agency who
2-29 authorized the removal of the vehicle of the date, time, and place
2-30 of the hearing.
2-31 (c) The court may charge a filing fee of $17.50 <$10> for a
2-32 hearing under this article and may award court costs to the
2-33 prevailing party. If the owner or operator of the vehicle is the
2-34 prevailing party, the court may award the reasonable cost of any
2-35 photographs submitted under Section 3(b)(7) of this article.
2-36 (d) The sole issue in a hearing under this article is
2-37 whether or not probable cause existed for the removal and placement
2-38 of the vehicle.
2-39 (e) The court shall make written findings of fact and a
2-40 conclusion of law regarding the issue in the hearing.
2-41 Sec. 5. PAYMENT OF STORAGE COSTS. (a) If the court
2-42 determines that probable cause existed for the removal and
2-43 placement of the vehicle, the person requesting the hearing <owner
2-44 of the vehicle> shall pay the costs of removing and storing the
2-45 vehicle.
2-46 (b) If the court does not determine that probable cause
2-47 existed for the removal and placement of the vehicle, the person or
2-48 law enforcement agency who authorized the removal shall pay the
2-49 costs of removing and storing the vehicle. If the vehicle's owner
2-50 or operator paid removal or storage costs before the hearing, the
2-51 person or law enforcement agency shall fully reimburse the owner or
2-52 operator.
2-53 Sec. 6. NOTICE. (a) If the owner or operator of a vehicle
2-54 paid removal or storage costs before the hearing, the towing
2-55 company or vehicle storage facility that received the payment shall
2-56 at the time of payment give the owner or operator written notice of
2-57 the person's rights under this article. The operator of a vehicle
2-58 storage facility that sends a notice under Section 13, Vehicle
2-59 Storage Facility Act (Article 6687-9a, Revised Statutes), shall
2-60 include with that notice a notice of the person's rights under this
2-61 article. A notice required by this subsection must include:
2-62 (1) a statement of:
2-63 (A) the person's right to submit a request
2-64 within 14 days for a court hearing to determine if probable cause
2-65 existed to remove the vehicle;
2-66 (B) the contents of a request for a hearing
2-67 required by this article; and
2-68 (C) the filing fee for a request for a hearing;
2-69 and
2-70 (2) the name, address, and telephone number of:
3-1 (A) the towing company that removed the vehicle;
3-2 (B) the vehicle storage facility in which the
3-3 vehicle was placed; and
3-4 (C) one or more appropriate magistrates as
3-5 determined under Subsection (b) of this section.
3-6 (b) If the towing company that removed the vehicle or the
3-7 vehicle storage facility in which the vehicle was placed is located
3-8 in a municipality, the notice under this section must include the
3-9 name, address, and telephone number of the municipal court of the
3-10 municipality. If the towing company that removed the vehicle or
3-11 the vehicle storage facility in which the vehicle was placed is not
3-12 located in a municipality, the notice under this section must
3-13 include the name, address, and telephone number of the justice of
3-14 the peace of the precinct in which the towing company or vehicle
3-15 storage facility is located.
3-16 (c) If notice is not given as required by this section, the
3-17 14-day deadline for requesting a hearing under Section 3(a) of this
3-18 article does not apply, and the owner or operator may submit a
3-19 request under that section at any time.
3-20 SECTION 2. This Act takes effect September 1, 1995, and
3-21 applies only to a vehicle removal by a towing company that occurs
3-22 on or after that date. A vehicle removal by a towing company that
3-23 occurred before the effective date of this Act is governed by the
3-24 law in effect at the time of removal, and the former law is
3-25 continued in effect for that purpose.
3-26 SECTION 3. The importance of this legislation and the
3-27 crowded condition of the calendars in both houses create an
3-28 emergency and an imperative public necessity that the
3-29 constitutional rule requiring bills to be read on three several
3-30 days in each house be suspended, and this rule is hereby suspended.
3-31 * * * * *