By: Talton H.B. No. 2799
A BILL TO BE ENTITLED
AN ACT
relating to the removal of vehicles and property from a roadway in a
political subdivision, to the authority of a political subdivision
to establish a traffic incident management program, and to
procedures regarding the removal and storage of certain vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 542.203(a), Transportation Code, is
amended to read as follows:
(a) Unless permitted by an agreement between the local
authority and the Texas Department of Transportation under Section
221.002, a [A] local authority may not:
(1) erect or maintain a traffic-control device to
direct the traffic on a state highway, including a farm-to-market
or ranch-to-market road, to stop or yield before entering or
crossing an intersecting highway; or
(2) establish a transportation or mobility
enhancement program on a state highway, including a farm-to-market
or ranch-to-market road, such as a program by which the
municipality receives revenue for towing of vehicles located on the
highway [unless permitted by agreement between the local authority
and the Texas Department of Transportation under Section 221.002].
SECTION 2. Section 545.001, Transportation Code, is amended
to read as follows:
Sec. 545.001. DEFINITIONS [DEFINITION]. In this chapter:
(1) "Pass" [, "pass"] or "passing" used in reference
to a vehicle means to overtake and proceed past another vehicle
moving in the same direction as the passing vehicle or to attempt
that maneuver.
(2) "Safe drop location" means a location that is well
lighted, has a public telephone, and has public restrooms.
(3) "Towing company" means an individual,
corporation, partnership, or other association engaged in the
business of towing vehicles on a highway for compensation or with
the expectation of compensation for the towing or storage of the
vehicles and includes the owner, operator, employee, or agent of a
towing company.
(4) "Vehicle storage facility" means a garage, parking
lot, or other facility that is operated by a person who holds a
license issued under Chapter 2303, Occupations Code, to operate the
garage, parking lot, or other facility.
SECTION 3. Sections 545.305(a) and (b), Transportation
Code, are amended to read as follows:
(a) A peace officer listed in [under] Article 2.12, Code of
Criminal Procedure, or a license and weight inspector of the
department may remove or require the operator or a person in charge
of a vehicle to move a vehicle from a highway if the vehicle:
(1) is unattended on a bridge, viaduct, or causeway or
in a tube or tunnel and the vehicle is obstructing traffic;
(2) is unlawfully parked and blocking the entrance to
a private driveway;
(3) has been reported as stolen;
(4) is identified as having been stolen in a warrant
issued on the filing of a complaint;
(5) is unattended and the officer has reasonable
grounds to believe that the vehicle has been abandoned for longer
than 48 hours;
(6) is disabled so that normal operation is impossible
or impractical and the owner or person in charge of the vehicle is:
(A) incapacitated and unable to provide for the
vehicle's removal or custody; or
(B) not in the immediate vicinity of the vehicle;
(7) is disabled so that normal operation is impossible
or impractical and the owner or person in charge of the vehicle does
not designate a particular towing or vehicle storage facility
[company];
(8) is operated by a person an officer arrests for an
alleged offense and the officer is required by law to take the
person into custody; or
(9) is, in the opinion of the officer, a hazard,
interferes with a normal function of a governmental agency, or
because of a catastrophe, emergency, or unusual circumstance is
imperiled.
(b) An officer acting under Subsection (a) may require that
the vehicle be taken to:
(1) a safe drop location [the nearest garage or other
place of safety];
(2) a garage designated or maintained by the
governmental agency that employs the officer; [or]
(3) a vehicle storage facility; or
(4) a position off the paved or main traveled part of
the highway.
SECTION 4. Section 545.3051(d), Transportation Code, is
amended to read as follows:
(d) The owner and any carrier of personal property removed
under this section shall reimburse the authority, [or] law
enforcement agency, or towing company for any reasonable cost of
removal and disposition of the property.
SECTION 5. Subchapter G, Chapter 545, Transportation Code,
is amended by adding Section 545.309 to read as follows:
Sec. 545.309. TRAFFIC INCIDENT MANAGEMENT PROGRAM. (a) In
this section, "traffic incident" means a nonrecurrent event that
causes a temporary reduction in roadway capacity or an abnormal
increase in traffic demand on a roadway or right-of-way.
(b) A political subdivision may establish a traffic
incident management program to provide for the safe and efficient
removal of personal property from a roadway or right-of-way in the
political subdivision.
(c) As part of its traffic incident management program, a
political subdivision:
(1) may enter into agreements with towing companies to
provide traffic incident management towing;
(2) may not impose a fee or charge that exceeds two
percent of the annual gross receipts for traffic incident
management towing; and
(3) shall apply all revenue generated by any fees or
charges assessed under Subdivision (2) to the traffic incident
management program.
(d) A political subdivision may pay a towing company for
traffic incident management towing and storage. If a political
subdivision does not pay the towing company, the owner of a vehicle
that is towed or stored under this section is liable for all
reasonable towing and storage fees incurred.
(e) In connection with its traffic incident management
program, a political subdivision shall comply with Section 643.204
and ensure that fees collected from the owner or operator of a
vehicle involved in a traffic incident for services provided by a
towing company do not exceed the allowable amounts established by
the political subdivision under that section.
(f) A towing company that provides traffic incident
management towing:
(1) shall maintain insurance as required by Chapter
643 and comply with each fee provision in that chapter;
(2) may not use a driver who:
(A) is not certified by the National Drivers
Certification Program of the Towing and Recovery Association of
America for the size tow truck to be driven; or
(B) has been convicted of a felony in the
preceding seven years;
(3) shall provide annual training for drivers in
incident practices; and
(4) shall provide appropriate equipment for the towing
and recovery of light duty or heavy duty vehicles in accordance with
the vehicle manufacturer's towing guidelines.
(g) To ensure compliance with Subsection (f)(2), a towing
company shall verify the criminal record of each driver through the
criminal history record information maintained by the Department of
Public Safety. A political subdivision may impose stricter
limitations on the employment of drivers with felony convictions
than the limitation established by this section.
(h) A vehicle that is towed in connection with a traffic
incident management program must be taken to:
(1) a safe drop location;
(2) a garage designated or maintained by the political
subdivision;
(3) a vehicle storage facility; or
(4) a position off the paved or main traveled part of
the roadway or right-of-way.
(i) In connection with its traffic incident management
program, a political subdivision shall not enter into any agreement
that would:
(1) monopolize any part of trade or commerce; or
(2) have the effect of lessening competition
substantially in any line of trade or commerce.
(j) A political subdivision may not enter into an agreement
under Subsection (c) exclusively with one towing company.
SECTION 6. Section 683.011(b), Transportation Code, is
amended to read as follows:
(b) A law enforcement agency may use agency personnel,
equipment, and facilities or contract for other personnel,
equipment, and facilities to remove, preserve, [and] store, send
notice regarding, and dispose of an abandoned motor vehicle,
watercraft, or outboard motor taken into custody by the agency
under this subchapter.
SECTION 7. Section 683.031(c), Transportation Code, is
amended to read as follows:
(c) The garagekeeper shall report the abandonment of the
motor vehicle to a law enforcement agency with jurisdiction where
the vehicle is located or to the Department of Public Safety and
shall pay a $10 [$5] fee to be used by the law enforcement agency for
the cost of the notice required by this subchapter or other cost
incurred in disposing of the vehicle. A fee paid to the Department
of Public Safety shall be used to administer this chapter.
SECTION 8. Sections 683.034(a), (b), and (e),
Transportation Code, are amended to read as follows:
(a) A law enforcement agency shall take into custody an
abandoned vehicle left in a storage facility that has not been
claimed in the period provided by the notice under Section 683.012.
In this section, a law enforcement agency has custody if the agency:
(1) has physical custody of the vehicle;
(2) has given notice to the storage facility that the
law enforcement agency intends to dispose of the vehicle under this
section; or
(3) has received a report under Section 683.031(c) and
the garagekeeper has met all of the requirements of that
subsection.
(b) The law enforcement agency may use the vehicle as
authorized by Section 683.016 or sell the vehicle at auction as
provided by Section 683.014. If a vehicle is sold, the proceeds of
the sale shall first be applied to a garagekeeper's charges for
providing notice regarding the vehicle and for service, towing,
impoundment, storage, and repair of the vehicle.
(e) If the law enforcement agency does not take the vehicle
into custody before the 31st day after the date the vehicle was
reported abandoned under Section 683.031 [notice is sent under
Section 683.012]:
(1) the law enforcement agency may not take the
vehicle into custody; and
(2) the storage facility may dispose of the vehicle
under:
(A) Chapter 70, Property Code, except that notice
under Section 683.012 satisfies the notice requirements of that
chapter; or
(B) Chapter 2303, Occupations Code, if [:
[(i)] the storage facility is a vehicle
storage facility [; and
[(ii) the vehicle is an abandoned nuisance
vehicle].
SECTION 9. Section 685.004, Transportation Code, is amended
to read as follows:
Sec. 685.004. JURISDICTION. [(a)] A hearing under this
chapter shall be in the justice court having jurisdiction in the
precinct in which the vehicle storage facility is located [is
before the justice of the peace or a magistrate in whose
jurisdiction is the location from which the vehicle was removed,
except as provided by Subsection (b)].
[(b) In a municipality with a population of 1.9 million or
more, a hearing under this chapter is before a judge of a municipal
court in whose jurisdiction is the location from which the vehicle
was removed.]
SECTION 10. Section 685.006, Transportation Code, is
amended to read as follows:
Sec. 685.006. CONTENTS OF NOTICE. [(a)] The notice under
Section 685.005 must include:
(1) a statement of:
(A) the person's right to submit a request within
14 days for a court hearing to determine whether probable cause
existed to remove the vehicle;
(B) the information that a request for a hearing
must contain; and
(C) any filing fee for the hearing;
(2) the name, address, and telephone number of the
towing company that removed the vehicle;
(3) the name, address, and telephone number of the
vehicle storage facility in which the vehicle was placed; [and]
(4) the name, address, and telephone number of the
person, property owner, or law enforcement agency that authorized
the removal of the vehicle; and
(5) the name, address, and telephone number of the
justice court having jurisdiction in the precinct in which the
vehicle storage facility is located [one or more of the appropriate
magistrates as determined under Subsection (b)].
[(b) The notice must include the name, address, and
telephone number of:
[(1) the municipal court of the municipality, if the
towing company that removed the vehicle or the vehicle storage
facility in which the vehicle was placed is located in a
municipality; or
[(2) the justice of the peace of the precinct in which
the towing company or the vehicle storage facility is located, if
the towing company that removed the vehicle or the vehicle storage
facility in which the vehicle was placed is not located in a
municipality.]
SECTION 11. Section 685.008, Transportation Code, is
amended to read as follows:
Sec. 685.008. FILING FEE AUTHORIZED. The court may charge a
filing fee of $20 [$10] for a hearing under this chapter.
SECTION 12. Section 685.009, Transportation Code, is
amended by amending Subsections (a) and (b) and adding Subsection
(b-1) to read as follows:
(a) A hearing under this chapter shall be held before the
10th [seventh] working day after the date the court receives the
request for the hearing.
(b) The court shall notify the person who requested the
hearing and the person or law enforcement agency that authorized
the removal of the vehicle of the date, time, and place of the
hearing by registered or certified mail. The notice of the hearing
to the person or law enforcement agency that authorized the removal
of the vehicle shall include a copy of the request for hearing.
(b-1) At a hearing under this section:
(1) the burden of proof is on the person who requested
the hearing; and
(2) hearsay evidence is admissible if it is considered
otherwise reliable by the justice of the peace.
SECTION 13. Chapter 685, Transportation Code, is amended by
adding Section 685.010 to read as follows:
Sec. 685.010. APPEAL. An appeal from a hearing under this
chapter is governed by the rules of procedure applicable to civil
cases in justice court, except that no appeal bond may be required
by the court.
SECTION 14. Section 2303.152(a), Occupations Code, is
amended to read as follows:
(a) Notice to the registered owner and the primary
lienholder of a vehicle towed to a vehicle storage facility may be
provided by publication in a newspaper of general circulation in
the county in which the vehicle is stored if:
(1) the vehicle is registered in another state;
(2) the operator of the storage facility submits to
the governmental entity with which the vehicle is registered a
written request for information relating to the identity of the
registered owner and any lienholder of record;
(3) the identity of the registered owner cannot be
determined;
(4) the registration does not contain an address for
the registered owner; or [and]
(5) the operator of the storage facility cannot
reasonably determine the identity and address of each lienholder.
SECTION 15. Section 2303.154, Occupations Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) If a vehicle is not claimed by a person permitted to
claim the vehicle before the 10th day after the date notice is
mailed or published under Section 2303.151 or 2303.152, the
operator of the vehicle storage facility shall consider the vehicle
to be abandoned and send notice of abandonment to a law enforcement
agency under Chapter 683, Transportation Code.
SECTION 16. Section 2303.155(f), Occupations Code, is
amended to read as follows:
(f) The operator of a vehicle storage facility or
governmental vehicle storage facility may not charge any [an]
additional fee related to storage of the vehicle other than those
fees set forth in this section or towing fees allowed under Chapter
643, Transportation Code [that is similar to a notification,
impoundment, or administrative fee].
SECTION 17. Section 101.141(a), Government Code, is amended
to read as follows:
(a) A clerk of a justice court shall collect fees and costs
as follows:
(1) additional court cost in certain civil cases to
establish and maintain an alternative dispute resolution system, if
authorized by the commissioners court of a county with a population
of at least 2.5 million (Sec. 152.005, Civil Practice and Remedies
Code) . . . not to exceed $3;
(2) additional filing fees:
(A) to fund Dallas County civil court facilities
(Sec. 51.705, Government Code) . . . not more than $15; and
(B) for filing any civil action or proceeding
requiring a filing fee, including an appeal, and on the filing of
any counterclaim, cross-action, intervention, interpleader, or
third-party action requiring a filing fee, to fund civil legal
services for the indigent (Sec. 133.153, Local Government
Code) . . . $2;
(3) for filing a suit in Comal County (Sec. 152.0522,
Human Resources Code) . . . $1.50; and
(4) fee for hearing on probable cause for removal of a
vehicle and placement in a storage facility if assessed by the court
(Sec. 685.008, Transportation Code) . . . $20 [$10].
SECTION 18. Section 101.161, Government Code, is amended to
read as follows:
Sec. 101.161. MUNICIPAL COURT FEES AND COSTS. The clerk of
a municipal court may collect a fee for a hearing on probable cause
for removal of a vehicle and placement in a storage facility if
assessed by the court (Sec. 685.008, Transportation
Code) . . . $20 [$10].
SECTION 19. Section 101.181, Government Code, is amended to
read as follows:
Sec. 101.181. MUNICIPAL COURTS OF RECORD FEES AND COSTS.
The clerk of a municipal court of record shall collect the following
fees and costs:
(1) from an appellant, a transcript preparation fee
(Sec. 30.00014, Government Code) . . . $25; and
(2) from an appellant in the City of El Paso, an
appellate court docket fee (Sec. 30.00147, Government
Code) . . . $25[; and
[(3) fee for hearing on probable cause for removal of a
vehicle and placement in a storage facility if assessed by the court
(Sec. 685.008, Transportation Code) . . . $10].
SECTION 20. The changes in law made by this Act to Chapters
683 and 685, Transportation Code, Chapter 2303, Occupations Code,
and Chapter 101, Government Code, take effect September 1, 2005,
and apply only to a removal or seizure of a vehicle that occurs on or
after that date. The removal or seizure of a vehicle before
September 1, 2005, is governed by the law in effect immediately
before that date, and the former law is continued in effect for that
purpose.
SECTION 21. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2005.