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.