BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 2346

81R35448 JTS-F                                                                                                   By: Thibaut (Ellis)

                                                                                                 Transportation & Homeland Security

                                                                                                                                            5/20/2009

                                                                                                           Committee Report (Amended)

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently municipalities can immobilize vehicles that are illegally parked on a public roadway.  Immobilization is a lengthy process and immobilized vehicles take up parking spaces and can cause traffic.  Further, the immobilization process expends police resources that are better spent on public safety.

 

This bill allows a municipality with a population of 1.9 million or more to authorize an employee to request the removal of illegally parked vehicles from a tow-away zone in a residential area where on-street parking is regulated by the ordinance.

 

H.B. 2346 amends current law relating to the removal of illegally parked vehicles from residential parking permit areas in certain municipalities.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 2308.354, Occupations Code, by adding Subsection (c), to authorize a municipality with a population of 1.9 million or more, in addition to the authority granted under Subsection (a) (relating to an employee designated by the municipality authorized to immobilize and remove a vehicle) and to aid in the enforcement of an ordinance regulating the parking of vehicles, to authorize a designated employee to request the removal of a vehicle parked illegally in an area designated as a tow-away zone in a residential area where on-street parking is regulated by the ordinance.

 

SECTION 2.  Effective date:  September 1, 2009.

 

SUMMARY OF COMMITTEE CHANGES

 

(1) Amends the bill, on page 1, by striking lines 5 and 6 and substituting "Amends Section 2308.354, Occupations Code, by adding Subsections (c) and (d), as follows:"

 

(2) Amends the bill, on page 1, between lines 13 and 14, by inserting Subsection (d) to provide that Subsections (a) and (c) do not apply to a vehicle owned by an electric, gas, water, or telecommunications utility while the vehicle is parked for the purpose of conducting work on a facility of the utility that is located below, above, or adjacent to the street.