By Harris S.B. No. 618
76R6368 DWS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to removal of an unauthorized vehicle; providing a civil
1-3 penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 684.014, Transportation Code, is amended
1-6 by amending Subsections (a) and (b) and adding Subsection (d) to
1-7 read as follows:
1-8 (a) A towing company that is insured as provided by
1-9 Subsection (c) may, without the consent of an owner or operator of
1-10 an unauthorized vehicle, remove and store the vehicle at a vehicle
1-11 storage facility at the expense of the owner or operator of the
1-12 vehicle if directed to do so at the time of the towing by the
1-13 parking facility owner, the parking facility owner's agent, or a
1-14 peace officer[:]
1-15 [(1) the towing company has received written
1-16 verification from the parking facility owner that:]
1-17 [(A) the parking facility owner has installed
1-18 the signs required by Section 684.012(a)(1); or]
1-19 [(B) the owner or operator received notice under
1-20 Section 684.012(a)(2) or the parking facility owner gave notice
1-21 complying with Section 684.012(a)(3); or]
1-22 [(2) the vehicle is:]
1-23 [(A) left in violation of Section 684.011; or]
1-24 [(B) in or obstructing a portion of a paved
2-1 driveway or abutting public roadway used for entering or exiting
2-2 the facility].
2-3 (b) A towing company may not remove an unauthorized vehicle
2-4 except under:
2-5 (1) this chapter; or
2-6 (2) a municipal ordinance that complies with Section
2-7 684.101[; or]
2-8 [(3) the direction of a peace officer or the owner or
2-9 operator of the vehicle].
2-10 (d) If the court finds in a hearing under Section 685.009
2-11 that a towing company removed a vehicle in violation of this
2-12 chapter, the court shall require the towing company to pay the
2-13 owner or operator of the vehicle the amounts provided by Section
2-14 685.009(e).
2-15 SECTION 2. Sections 685.009(c) and (e), Transportation Code,
2-16 are amended to read as follows:
2-17 (c) The only issues [sole issue] in a hearing under this
2-18 chapter are:
2-19 (1) [is] whether probable cause existed for the
2-20 removal and placement of the vehicle; and
2-21 (2) whether the towing company removed a vehicle in
2-22 violation of Chapter 684.
2-23 (e) The court may award:
2-24 (1) court costs to the prevailing party; and
2-25 (2) the following to a vehicle owner who is the
2-26 prevailing party:
2-27 (A) reasonable cost of photographs submitted
3-1 under Section 685.007(b)(8);
3-2 (B) attorney's fees;
3-3 (C) actual damages to the vehicle, if any; and
3-4 (D) punitive damages in an amount not to exceed
3-5 $1,000 [to a vehicle owner or operator who is the prevailing
3-6 party].
3-7 SECTION 3. The change in law made by this Act applies only
3-8 to a vehicle removed on or after the effective date of this Act.
3-9 SECTION 4. This Act takes effect September 1, 1999.
3-10 SECTION 5. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended.