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By: Hill Senate Sponsor-Carona |
H.B. No. 2094 |
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(In the Senate - Received from the House April 16, 2007; |
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April 17, 2007, read first time and referred to Committee on |
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Transportation and Homeland Security; May 19, 2007, reported |
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adversely, with favorable Committee Substitute by the following |
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vote: Yeas 6, Nays 0; May 19, 2007, sent to printer.) |
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COMMITTEE SUBSTITUTE FOR H.B. No. 2094 |
By: Carona |
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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. 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 2. 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 3. 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 4. This Act takes effect September 1, 2007. |
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* * * * * |