By Ellis                                               S.B. No. 750
         77R4841 JD-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the authority of a municipality to authorize the
 1-3     removal of certain motor vehicles from public roadways in the
 1-4     municipality to aid in the enforcement of parking ordinances of the
 1-5     municipality.
 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-7           SECTION 1.  Section 684.054, Transportation Code, is amended
 1-8     to read as follows:
 1-9           Sec. 684.054.  AUTHORITY FOR REMOVAL OF VEHICLE FROM PUBLIC
1-10     ROADWAY.  A parking facility owner or towing company may not remove
1-11     a vehicle from a public roadway except under:
1-12                 (1)  this chapter or a municipal ordinance that
1-13     complies with Section 684.101; [or]
1-14                 (2)  the direction of a peace officer or the owner or
1-15     operator of the vehicle; or
1-16                 (3)  the direction of an employee of a municipality
1-17     acting under a municipal ordinance that:
1-18                       (A)  regulates the parking of vehicles on public
1-19     roadways in the municipality;
1-20                       (B)  authorizes the immobilization of vehicles on
1-21     public roadways in the municipality by an employee of the
1-22     municipality designated to enforce the ordinance; and
1-23                       (C)  authorizes the removal of those immobilized
1-24     vehicles from public roadways by an employee of the municipality.
 2-1           SECTION 2.  This Act takes effect immediately if it receives
 2-2     a vote of two-thirds of all the members elected to each house, as
 2-3     provided by Section 39, Article III, Texas Constitution.  If this
 2-4     Act does not receive the vote necessary for immediate effect, this
 2-5     Act takes effect September 1, 2001.