79R1654 JTS-D
By: Flores H.B. No. 1465
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 penalties.
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. 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.
SECTION 6. This Act takes effect September 1, 2005.