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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 hearing under this chapter |
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shall be in any [the] justice court [having jurisdiction] in: |
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(1) the county [precinct] from which the motor vehicle |
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was towed; or |
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(2) for booted vehicles, the county [precinct] in |
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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 in: |
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(i) the county from which the vehicle was |
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towed; or |
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(ii) for booted vehicles, the county in |
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which the parking facility is located; |
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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, for booted vehicles, |
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the county in which the parking facility is located, or the address |
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of an Internet website maintained by the Office of Court |
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Administration of the Texas Judicial System that contains the name, |
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address, and telephone number of each justice court in that county |
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[parking facility is 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. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 338 was passed by the House on April |
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11, 2013, by the following vote: Yeas 144, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 338 on May 20, 2013, by the following vote: Yeas 144, Nays 0, 2 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 338 was passed by the Senate, with |
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amendments, on May 17, 2013, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |