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A BILL TO BE ENTITLED
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AN ACT
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relating to the court in which a hearing regarding the towing of a |
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motor vehicle may be held. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2308.453, Occupations Code, is amended |
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to read as follows: |
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Sec. 2308.453. JURISDICTION. (a) For towed vehicles, a [A] |
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hearing under this chapter shall be in any [the] justice court |
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having jurisdiction in[:
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[(1)] the county [precinct] from which the motor |
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vehicle was towed. |
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(b) For [; or
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[(2) for] booted vehicles, a hearing under this |
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chapter shall be in the justice court having jurisdiction in the |
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precinct in which the parking facility is located. |
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SECTION 2. Section 2308.455, Occupations Code, is amended |
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to read as follows: |
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Sec. 2308.455. CONTENTS OF NOTICE. The notice under |
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Section 2308.454 must include: |
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(1) a statement of: |
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(A) the person's right to submit a request within |
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14 days for a court hearing to determine whether probable cause |
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existed to remove, or install a boot on, the vehicle; |
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(B) the information that a request for a hearing |
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must contain; [and] |
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(C) any filing fee for the hearing; and |
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(D) the person's right to request a hearing in |
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any justice court having jurisdiction in the county from which the |
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vehicle was towed; |
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(2) the name, address, and telephone number of the |
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towing company that removed the vehicle or the booting company that |
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booted the vehicle; |
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(3) the name, address, [and] telephone number, and |
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county of the vehicle storage facility in which the vehicle was |
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placed; |
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(4) the name, street address including city, state, |
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and zip code, and telephone number of the person, parking facility |
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owner, or law enforcement agency that authorized the removal of the |
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vehicle; and |
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(5) the name, address, and telephone number of each |
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[the] justice court having jurisdiction in the county from |
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[precinct in] which the vehicle was towed, or the address of an |
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Internet website maintained by the Office of Court Administration |
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of the Texas Judicial System that contains the name, address, and |
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telephone number of each justice court having jurisdiction in the |
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county from which the vehicle was towed [parking facility is
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located]. |
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SECTION 3. The change in law made by this Act applies only |
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to a cause of action filed on or after the effective date of this |
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Act. A cause of action filed before the effective date of this Act |
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is governed by the law in effect on the date the action was filed, |
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and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |