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A BILL TO BE ENTITLED
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AN ACT
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relating to hearings for owners or operators of vehicles that are |
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towed and subsequently stored in a facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 685.007(b), Transportation Code, is |
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amended to read as follows: |
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(b) A request for a hearing must contain: |
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(1) the name, address, and telephone number of the |
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owner or operator of the vehicle; |
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(2) the location from which the vehicle was removed; |
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(3) the date when the vehicle was removed; |
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(4) the name, address, and telephone number of the |
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person or law enforcement agency that authorized the removal; |
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(5) the name, address, and telephone number of the |
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vehicle storage facility in which the vehicle was placed; |
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(6) the name, address, and telephone number of the |
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towing company that removed the vehicle; |
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(7) a copy of any receipt or notification that the |
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owner or operator received from the towing company or the vehicle |
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storage facility; [and] |
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(8) if the vehicle was removed from a parking |
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facility: |
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(A) one or more photographs that show the |
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location and text of any sign posted at the facility restricting |
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parking of vehicles; or |
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(B) a statement that no sign restricting parking |
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was posted at the parking facility; and |
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(9) a statement explaining each reason why the owner |
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or operator of the vehicle believes no probable cause existed to |
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remove the vehicle. |
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SECTION 2. Sections 685.009(a), (b), and (e), |
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Transportation Code, are amended to read as follows: |
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(a) A hearing under this chapter shall be held before the |
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14th [10th] working day after the date the court receives the |
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request for the hearing. |
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(b) The court shall notify the person who requested the |
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hearing, [and] the person or law enforcement agency that authorized |
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the removal of the vehicle, and the vehicle storage facility in |
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which the vehicle was placed of the date, time, and place of the |
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hearing in a manner provided by Rule 21a, Texas Rules of Civil |
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Procedure [by registered or certified mail]. The notice of the |
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hearing to the person or law enforcement agency that authorized the |
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removal of the vehicle shall include a copy of the request for |
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hearing. |
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(e) The court may award: |
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(1) court costs to the prevailing party; |
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(2) the reasonable cost of photographs submitted under |
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Section 685.007(b)(8) to a vehicle owner or operator who is the |
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prevailing party; [and] |
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(3) an amount equal to the amount that the towing |
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charge exceeded fees regulated by a political subdivision or |
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authorized by this code or by Chapter 2303, Occupations Code; and |
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(4) reimbursement of fees paid for vehicle towing and |
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storage. |
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SECTION 3. Chapter 685, Transportation Code, is amended by |
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adding Section 685.011 to read as follows: |
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Sec. 685.011. ENFORCEMENT OF AWARD. An award under this |
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chapter may be enforced by any means available for the enforcement |
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of judgment for debts. |
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SECTION 4. The changes in law made by this Act apply only to |
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a motor vehicle removed and stored on or after the effective date of |
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this Act. The removal and storage of a vehicle before the effective |
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date of this Act is governed by the law in effect on the date the |
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vehicle was removed and stored, and the former law is continued in |
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effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2007. |