78R3729 JD-D

By:  Pickett                                                      H.B. No. 560



A BILL TO BE ENTITLED

AN ACT

relating to vehicles left unattended on a parking facility of an 
apartment complex and to the removal and storage of those vehicles.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 684, Transportation Code, 
is amended by adding Section 684.0125 to read as follows:
	Sec. 684.0125.  UNATTENDED VEHICLES ON PARKING FACILITY OF 
APARTMENT COMPLEX; REMOVAL AND STORAGE OF VEHICLES.  (a)  This 
section applies only to a parking facility serving or adjacent to an 
apartment complex consisting of one or more residential apartment 
units and any adjacent real property.
	(b)  The owner or operator of a vehicle may not leave 
unattended on a parking facility a vehicle that:
		(1)  obstructs a gate that is designed or intended for 
the use of pedestrians or vehicles;
		(2)  obstructs pedestrian or vehicular access to an 
area that is used for the placement of a garbage or refuse 
receptacle used in common by residents of the apartment complex;
		(3)  is in or obstructs a restricted parking area or 
parking space designated under Subchapter C, including a space 
designated for the use of employees or maintenance personnel of the 
parking facility or apartment complex;
		(4)  is in a tow away zone, other than a fire lane 
covered by Section 684.011(c), that is brightly painted and is 
conspicuously and legibly marked with the warning "TOW AWAY ZONE" 
in contrasting letters at least three inches tall;
		(5)  is a semitrailer, trailer, or truck-tractor, as 
defined by Chapter 502; or
		(6)  is leaking a fluid that presents a hazard or threat 
to persons or property.
	(c)  The owner of a parking facility may not cause an 
unattended vehicle to be removed and stored under Section 
684.012(a) as an unauthorized vehicle, and a towing company may not 
remove and store a vehicle as an unauthorized vehicle, merely 
because:
		(1)  the vehicle does not display an unexpired license 
plate or registration insignia issued for the vehicle under Chapter 
502 or the vehicle registration law of another state or country; or
		(2)  the vehicle does not display a valid vehicle 
inspection certificate issued under Chapter 548 or the vehicle 
inspection law of another state or country.
	(d)  This section does not apply to an emergency vehicle 
described by Section 684.011(b).
	(e)  This section may not be construed:                                 
		(1)  to authorize the owner or operator of a vehicle to 
leave an unattended vehicle on property that is not designed or 
intended for the parking of vehicles; or
		(2)  to limit or restrict the enforcement of Chapter 
683, the abandoned motor vehicle law.
	(f)  A provision of an apartment lease or rental agreement 
entered into or renewed on or after September 1, 2003, that is in 
conflict or inconsistent with this section is void and may not be 
enforced.
	SECTION 2.  This Act takes effect September 1, 2003.