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