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78R6139 JTS-D

By:  Flores                                                       H.B. No. 2321



A BILL TO BE ENTITLED

AN ACT

relating to the removal of a vehicle from a restricted parking space 
on a parking facility serving a residential building with separate, 
individually owned dwelling units; providing a criminal penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 684, Transportation Code, 
is amended by adding Section 684.016 to read as follows:
	Sec. 684.016.  REMOVAL AND STORAGE OF UNAUTHORIZED VEHICLES 
ON CERTAIN PARKING FACILITIES.  (a) This section applies only to a 
parking facility that:
		(1)  serves a condominium, townhome, or other 
residential building with separate, individually owned dwelling 
units; and
		(2)  has restricted parking spaces that are assigned to 
the owners of the dwelling units.
	(b)  A parking facility owner described by Section 
684.001(2)(A) or (B) or a towing company may not tow a vehicle from 
a restricted parking space on the parking facility without the 
actual consent of the owner or resident of the unit to which the 
restricted parking space is assigned.  This subsection may not be 
waived.
	(c)  To the extent this section conflicts with another 
provision of this chapter, this section controls.
	SECTION 2.  Section 684.084, Transportation Code, is amended 
by adding Subsection (e) to read as follows:
	(e)  A parking facility owner or a towing company that 
violates Section 684.016 is liable to the owner or operator of the 
vehicle that is the subject of the violation for $5,000.
	SECTION 3.  Section 684.085, Transportation Code, is amended 
to read as follows:
	Sec. 684.085.  VIOLATION OF CHAPTER; PENALTY [FINE].  (a)  
Except as provided by Subsection (b), a [A] violation of this 
chapter is punishable by a fine of not less than $200 or more than 
$500.
	(b)  A parking facility owner or a towing company that 
recklessly violates Section 684.016 commits an offense.  An offense 
under this subsection is a Class B misdemeanor.
	SECTION 4.  Subchapter E, Chapter 684, Transportation Code, 
is amended by adding Section 684.0851 to read as follows:
	Sec. 684.0851.  REVOCATION OF TOWING COMPANY LICENSE OR 
PERMIT.  A political subdivision that requires a towing company to 
be licensed or permitted by the political subdivision shall revoke 
the license or permit issued to a towing company if the towing 
company is convicted of an offense under Section 684.085(b).
	SECTION 5.  This Act takes effect September 1, 2003.  The 
changes in law made by this Act apply only to conduct that occurs or 
an offense that is committed on or after the effective date of this 
Act.  Conduct that occurred or an offense that was committed before 
the effective date of this Act is covered by the law in effect when 
the conduct occurred or the offense was committed, and the former 
law is continued in effect for that purpose.  For purposes of this 
section, conduct occurred or an offense was committed before the 
effective date of this Act if any element of the conduct or offense 
occurred before that date.