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A BILL TO BE ENTITLED
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AN ACT
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relating to the employment by a towing company or vehicle storage |
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facility of certain persons as drivers; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 684, Transportation Code, is amended by |
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adding Subchapter G to read as follows: |
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SUBCHAPTER G. REGULATION OF TOWING COMPANIES AND VEHICLE STORAGE |
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FACILITY OWNERS |
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Sec. 684.201. PROHIBITED EMPLOYMENT. (a) A towing company |
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or vehicle storage facility shall, on employment of a person as a |
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driver to remove or store vehicles under this chapter and annually |
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thereafter, submit a complete set of fingerprints of the person in a |
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form and of a quality acceptable to the Department of Public Safety |
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and the Federal Bureau of Investigation for the purpose of |
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conducting a state and federal criminal history check. |
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(b) If a towing company or vehicle storage facility receives |
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verification from the Department of Public Safety that a person |
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employed or to be employed by the company or facility has been |
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convicted of a felony, the company or facility may not employ that |
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person as a driver to remove or store vehicles. |
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Sec. 684.202. OFFENSE. (a) A person commits an offense if |
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the person violates Section 684.201. |
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(b) An offense under Subsection (a) is a Class C |
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misdemeanor, except that the offense is a Class B misdemeanor if the |
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person has been previously convicted under this section. |
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SECTION 2. Subchapter F, Chapter 411, Government Code, is |
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amended by adding Section 411.0975 to read as follows: |
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Sec. 411.0975. DISCLOSURE OF CERTAIN CRIMINAL HISTORY |
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RECORD INFORMATION: TOW TRUCK AND VEHICLE STORAGE FACILITY DRIVERS. |
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(a) In this section, "towing company" and "vehicle storage |
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facility" have the meanings assigned by Section 684.001, |
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Transportation Code. |
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(b) The department shall implement a program that allows a |
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towing company or vehicle storage facility to apply to the |
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department for verification of a felony conviction under Section |
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684.201(a), Transportation Code, of a person employed or to be |
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employed by the company or facility. |
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(c) The department by rule shall require a towing company or |
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vehicle storage facility to pay to the department a fee in an amount |
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not to exceed the administrative costs the department incurs in |
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conducting a background and criminal history check under this |
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section. |
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SECTION 3. This Act takes effect September 1, 2007. |