85R24018 BEE-F
 
  By: Neave H.B. No. 2427
 
  Substitute the following for H.B. No. 2427:
 
  By:  Alvarado C.S.H.B. No. 2427
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to notice and request for a hearing regarding a vehicle
  that has been towed or booted.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2308.455, Occupations Code, is amended
  to read as follows:
         Sec. 2308.455.  CONTENTS OF NOTICE.  The notice under
  Section 2308.454 must include:
               (1)  a statement of:
                     (A)  the person's right to submit a request within
  60 [14] days for a court hearing to determine whether probable cause
  existed to remove, or install a boot on, the vehicle;
                     (B)  the information that a request for a hearing
  must contain;
                     (C)  any filing fee for the hearing; and
                     (D)  the person's right to request a hearing in
  any justice court in:
                           (i)  the county from which the vehicle was
  towed; or
                           (ii)  for booted vehicles, the county in
  which the parking facility is located;
               (2)  the name, address, and telephone number of the
  towing company that removed the vehicle or the booting company that
  booted the vehicle;
               (3)  the name, address, telephone number, and county of
  the vehicle storage facility in which the vehicle was placed;
               (4)  the name, street address including city, state,
  and zip code, and telephone number of the person, parking facility
  owner, or law enforcement agency that authorized the removal of the
  vehicle; and
               (5)  the name, address, and telephone number of each
  justice court in the county from which the vehicle was towed or, for
  booted vehicles, the county in which the parking facility is
  located, or the address of an Internet website maintained by the
  Office of Court Administration of the Texas Judicial System that
  contains the name, address, and telephone number of each justice
  court in that county.
         SECTION 2.  Sections 2308.456(a), (c), and (c-1),
  Occupations Code, are amended to read as follows:
         (a)  Except as provided by Subsections (c) and (c-1), a
  person entitled to a hearing under this chapter must deliver a
  written request for the hearing to the court before the 60th [14th]
  day after the date the vehicle was removed and placed in the vehicle
  storage facility or booted, excluding Saturdays, Sundays, and legal
  holidays.
         (c)  If notice was not given under Section 2308.454, the
  60-day [14-day] deadline for requesting a hearing under Subsection
  (a) does not apply, and the owner or operator of the vehicle may
  deliver a written request for a hearing at any time.
         (c-1)  The 60-day [14-day] period for requesting a hearing
  under Subsection (a) does not begin until the date on which the
  towing company or vehicle storage facility provides to the vehicle
  owner or operator the information necessary for the vehicle owner
  or operator to complete the material for the request for hearing
  required under Subsections (b)(2) through (6).
         SECTION 3.  The changes in law made by this Act to Sections
  2308.455 and 2308.456, Occupations Code, apply only to a hearing or
  a notice in connection with a vehicle that is towed or booted on or
  after the effective date of this Act. A hearing or a notice in
  connection with a vehicle that is towed or booted before the
  effective date of this Act is governed by the law in effect when the
  vehicle was towed or booted, and the former law is continued in
  effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2017.