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A BILL TO BE ENTITLED
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AN ACT
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relating to notice and request for a hearing regarding a vehicle |
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that has been towed or booted. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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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60 [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; |
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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, telephone number, and county of |
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the vehicle storage facility in which the vehicle was 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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justice court in the county from which the vehicle was towed or, for |
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booted vehicles, the county in which the parking facility is |
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located, or the address of an Internet website maintained by the |
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Office of Court Administration of the Texas Judicial System that |
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contains the name, address, and telephone number of each justice |
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court in that county. |
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SECTION 2. Sections 2308.456(a), (c), and (c-1), |
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Occupations Code, are amended to read as follows: |
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(a) Except as provided by Subsections (c) and (c-1), a |
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person entitled to a hearing under this chapter must deliver a |
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written request for the hearing to the court before the 60th [14th] |
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day after the date the vehicle was removed and placed in the vehicle |
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storage facility or booted, excluding Saturdays, Sundays, and legal |
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holidays. |
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(c) If notice was not given under Section 2308.454, the |
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60-day [14-day] deadline for requesting a hearing under Subsection |
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(a) does not apply, and the owner or operator of the vehicle may |
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deliver a written request for a hearing at any time. |
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(c-1) The 60-day [14-day] period for requesting a hearing |
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under Subsection (a) does not begin until the date on which the |
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towing company or vehicle storage facility provides to the vehicle |
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owner or operator the information necessary for the vehicle owner |
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or operator to complete the material for the request for hearing |
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required under Subsections (b)(2) through (6). |
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SECTION 3. The changes in law made by this Act to Sections |
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2308.455 and 2308.456, Occupations Code, apply only to a hearing or |
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a notice in connection with a vehicle that is towed or booted on or |
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after the effective date of this Act. A hearing or a notice in |
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connection with a vehicle that is towed or booted before the |
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effective date of this Act is governed by the law in effect when the |
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vehicle was towed or booted, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2017. |