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.