H.B. 2321 78(R)    BILL ANALYSIS


H.B. 2321
By: Flores
Transportation
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently, the law does not protect car owners from the towing of their
cars when they are authorized to be parked in a restricted parking space
at condominiums, town homes, and other residential  dwelling units, in
spaces belonging to owners of those units.   

When permission is granted to a particular car owner to park in an
individual's space by the individual who owns that space, the car owner
ought to rest assured knowing that his/her car is safe from any type of
removal action by the parking facility owner or towing company. 

The intent of this bill is to prevent unnecessary towing of vehicles
which, by the permission of the spaces' owner, have a right to park there.
HB 2321 also provides penalties to those who violate the provisions of the
bill.    

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

HB 2321only applies to restricted parking spaces that are assigned to
owners of units at a condominium, town home, or other individually owned
dwelling units.  The bill prohibits a towing company to tow a vehicle from
a restricted parking space without the consent of the owner or resident of
the unit to which the space is assigned.  If the facility owner or towing
company does not abide by these rules, they are liable for $5,000 to the
vehicle's owner or operator.  Violating these provisions results in a
Class B misdemeanor offense.  In addition, HB 2321 requires the political
subdivision to revoke the license or permit of the convicted towing
company for this offense.       

EFFECTIVE DATE

September 1, 2003