By Harris                                              S.B. No. 448
         77R5127 DWS-D                           
                                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 684.034, Transportation Code, is amended
 1-6     to read as follows:
 1-7           Sec. 684.034.  DESIGNATION OF RESTRICTED PARKING SPACES ON
 1-8     OTHERWISE UNRESTRICTED PARKING FACILITY.  A parking facility owner
 1-9     may designate one or more spaces as restricted parking spaces on a
1-10     portion of an otherwise unrestricted parking facility.  Instead of
1-11     installing a sign at each entrance to the parking facility as
1-12     provided by Section 684.031(a)(2), an owner shall [may] place a
1-13     sign that prohibits unauthorized vehicles from parking in
1-14     designated spaces and that otherwise complies with Sections 684.031
1-15     and 684.032[:]
1-16                 [(1)  at the right or left side of each entrance to a
1-17     designated area or group of parking spaces located on the
1-18     restricted portion of the parking facility; or]
1-19                 [(2)]  at the end of each [a] restricted parking space
1-20     so that the sign, the top of which must not be higher than seven
1-21     feet above the ground, is in front of a vehicle that is parked in
1-22     the space and the rear of which is at the entrance of the space.
1-23           SECTION 2.  Section 684.014, Transportation Code, is amended
1-24     by amending Subsections (a)  and (b) and adding Subsection (d) to
 2-1     read as follows:
 2-2           (a)  A towing company that is insured as provided by
 2-3     Subsection (c) may, without the consent of an owner or operator of
 2-4     an unauthorized vehicle, remove and store the vehicle at a vehicle
 2-5     storage facility at the expense of the owner or operator of the
 2-6     vehicle if directed to do so at the time of the towing by the
 2-7     parking facility  owner, the parking facility owner's agent, or a
 2-8     peace officer[:]
 2-9                 [(1)  the towing company has received written
2-10     verification from the parking facility owner that:]
2-11                       [(A)  the parking facility owner has installed
2-12     the signs required by Section 684.012(a)(1); or]
2-13                       [(B)  the owner or operator received notice under
2-14     Section 684.012(a)(2) or the parking facility owner gave notice
2-15     complying with Section 684.012(a)(3); or]
2-16                 [(2)  the vehicle is:]
2-17                       [(A)  left in violation of Section 684.011; or]
2-18                       [(B)  in or obstructing a portion of a paved
2-19     driveway or abutting public roadway used for entering or exiting
2-20     the facility].
2-21           (b)  A towing company may not remove an unauthorized vehicle
2-22     except under:
2-23                 (1)  this chapter; or
2-24                 (2)  a municipal ordinance that complies with Section
2-25     684.101[; or]
2-26                 [(3)  the direction of a peace officer or the owner or
2-27     operator of the vehicle].
 3-1           (d)  If the court finds in a hearing under Section 685.009
 3-2     that a towing company removed a vehicle in violation of this
 3-3     chapter, the court shall  require the towing company to pay the
 3-4     owner or operator of the vehicle the amounts provided by Section
 3-5     685.009(e).
 3-6           SECTION 3. Subchapter C, Chapter 684, Transportation Code, is
 3-7     amended by adding Section 684.036 to read as follows:
 3-8           Sec. 684.036.  TOWING OF VEHICLE FROM SPACE GOVERNED BY
 3-9     SECTION 684.034 OR 684.035. (a)  A vehicle may not be removed under
3-10     this chapter from a space that is located in a parking facility
3-11     serving or adjacent to an apartment complex and for which a sign or
3-12     notice has been placed as provided by Section 684.034 or 684.035
3-13     unless a conspicuous notice has been attached for at least three
3-14     hours to the vehicle's front windshield or, if the vehicle has no
3-15     front windshield, to a conspicuous part of the vehicle stating:
3-16                 (1)  that the vehicle is in a parking space in which
3-17     the vehicle is not authorized to be parked;
3-18                 (2)  a description of all other unauthorized areas in
3-19     the parking facility;
3-20                 (3)  the date and time that the notice was attached to
3-21     the vehicle;
3-22                 (4)  that the vehicle will be towed at the expense of
3-23     the owner or operator of the vehicle if it remains in an
3-24     unauthorized area of the parking facility for three hours or longer
3-25     after that time; and
3-26                 (5)  a telephone number that is answered 24 hours a day
3-27     to enable the owner or operator of the vehicle to locate the
 4-1     vehicle.
 4-2           (b)  A towing company may not remove a vehicle under this
 4-3     chapter from a space for which a sign or notice has been placed as
 4-4     provided by Section 684.034 or 684.035 unless the towing company
 4-5     has received written verification from the parking facility owner
 4-6     that the notice required by Subsection (a)  has been attached to
 4-7     the vehicle for the period required by that subsection.
 4-8           SECTION 4.  Sections 685.009(c) and (e), Transportation Code,
 4-9     are amended to read as follows:
4-10           (c)  The only issues [sole issue] in a hearing under this
4-11     chapter are:
4-12                 (1)  [is] whether probable cause existed for the
4-13     removal and placement of the vehicle; and
4-14                 (2)  whether the towing company removed a vehicle in
4-15     violation of Chapter 684.
4-16           (e)  The court may award:
4-17                 (1)  court costs to the prevailing party; and
4-18                 (2)  the following to a vehicle owner who is the
4-19     prevailing party:
4-20                       (A)  reasonable cost of photographs submitted
4-21     under Section 685.007(b)(8);
4-22                       (B)  attorney's fees;
4-23                       (C)  actual damages to the vehicle, if any; and
4-24                       (D)  punitive damages in an amount not to exceed
4-25     $1,000 [to a vehicle owner or operator who is the prevailing
4-26     party].
4-27           SECTION 5.  The change in law made by this Act applies only
 5-1     to  a vehicle removed on or after the effective date of this Act.
 5-2           SECTION 6.  This Act takes effect September 1, 2001.