Amend CSSB 1431 (Senate committee printing) as follows:
(1) In SECTION 1 of the bill, in amended Section
2308.002(5-a), Occupations Code (page 1, lines 25 and 26), strike
"by a peace officer under Section 545.305 or 545.3051,
Transportation Code".
(2) In SECTION 1 of the bill, in amended Section
2308.002(8-a), Occupations Code (page 1, line 51) strike "owner"
and substitute "owner without the consent of the owner or operator
of the vehicle".
(3) In SECTION 2 of the bill, in added Section
2308.0575(b)(1), Occupations Code (page 2, line 10), strike
"private property" and substitute "nonconsent".
(4) In SECTION 2 of the bill, in added Section 2308.0575,
Occupations Code (page 2, between lines 26 and 27), insert the
following:
(f) The department shall contract to conduct a study on
private property towing fees under this section at least once every
two years.
(5) In SECTION 4 of the bill, in amended Section 2308.204,
Occupations Code (page 2, line 41), strike "nonconsent" and
substitute "private property [nonconsent]".
(6) In SECTION 10 of the bill, in amended Section 2308.405,
Occupations Code (page 3, lines 60 and 61), strike "Class B
misdemeanor [punishable by a fine of not less than $500 or more than
$1,500]" and substitute "misdemeanor punishable by a fine of not
less than $500 or more than $1,500 unless it is shown on trial of the
offense that the person knowingly or intentionally violated this
chapter, in which event the offense is a Class B misdemeanor".
(7) Strike the recital to SECTION 11 of the bill (page 3,
lines 62 and 63), and substitute the following:
SECTION 11. Section 2308.451, Occupations Code, is amended
by amending Subsection (b) and adding Subsection (c) to read as
follows:
(8) In SECTION 11 of the bill, in amended Section 2308.451,
Occupations Code (page 4, between lines 2 and 3), insert the
following:
(c) If, in a hearing held under this chapter, regardless of
whether the court finds that there was probable cause for the
removal and storage of a vehicle, the court finds that the towing
charge collected exceeded fees regulated by a political subdivision
or authorized by this chapter or Chapter 2303, the towing company
shall reimburse the owner or operator of the vehicle an amount equal
to the overcharge.
(9) Strike the recital to SECTION 15 of the bill (page 4,
lines 50 and 51), and substitute the following:
SECTION 15. Subsections (a) and (b), Section 2308.458,
Occupations Code, are amended to read as follows:
(a) A hearing under this chapter shall be held before the
21st calendar [14th working] day after the date the court receives
the request for the hearing.