85R12152 BEE-F
 
  By: Frullo H.B. No. 2976
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the towing of unauthorized or unattended vehicles on a
  parking facility.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2308.002, Occupations Code, is amended
  by adding Subdivision (5-b) and amending Subdivision (13) to read
  as follows:
               (5-b)  "Multiunit complex" has the meaning assigned by
  Section 92.151, Property Code.
               (13)  "Unauthorized vehicle" means a vehicle parked,
  stored, or located on a parking facility without the consent of the
  parking facility owner. The term includes a vehicle parked on the
  parking facility of a multiunit complex in violation of the parking
  rules or policies of the multiunit complex.
         SECTION 2.  The heading to Section 2308.205, Occupations
  Code, is amended to read as follows:
         Sec. 2308.205.  TOWING OF [STORAGE OF TOWED] VEHICLES TO
  LICENSED VEHICLE STORAGE FACILITIES OR OTHER LOCATIONS ON CERTAIN
  PARKING FACILITIES.
         SECTION 3.  Section 2308.205, Occupations Code, is amended
  by amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  Except as provided by Subsection (a-1), a [A] towing
  company that makes a nonconsent tow shall tow the vehicle to a
  vehicle storage facility that is operated by a person who holds a
  license to operate the facility under Chapter 2303, unless the
  towing company agrees to take the vehicle to a location designated
  by the vehicle's owner.
         (a-1)  A towing company that makes a nonconsent tow from the
  parking facility of a multiunit complex may tow the vehicle to
  another location on the same parking facility under the direction
  of:
               (1)  the parking facility owner;
               (2)  a parking facility authorized agent; or
               (3)  a peace officer.
         SECTION 4.  Sections 2308.251(a) and (c), Occupations Code,
  are amended to read as follows:
         (a)  A person [The owner or operator of a vehicle] may not
  leave unattended on a parking facility a vehicle that:
               (1)  is in or obstructs a vehicular traffic aisle,
  entry, or exit of the parking facility;
               (2)  prevents a vehicle from exiting a parking space in
  the facility;
               (3)  is in or obstructs a fire lane marked according to
  Subsection (c);
               (4)  does not display the special license plates issued
  under Section 504.201, Transportation Code, or the disabled parking
  placard issued under Chapter 681, Transportation Code, for a
  vehicle transporting a disabled person and is in a parking space
  that is designated for the exclusive use of a vehicle transporting a
  disabled person; [or]
               (5)  is leaking a fluid that presents a hazard or threat
  to persons or property; or
               (6)  is parked on the parking facility of a multiunit
  complex in violation of the parking rules or policies of the
  multiunit complex.
         (c)  If a government regulation governing the marking of a
  fire lane applies to a parking facility, a fire lane in the parking
  facility must be marked as provided by the regulation.  If a
  government regulation on the marking of a fire lane does not apply
  to the parking facility, all curbs of fire lanes must be painted red
  and be conspicuously and legibly marked with the warning "FIRE
  LANE--TOW AWAY ZONE" in white letters at least three inches tall, at
  intervals not exceeding 50 feet.
         SECTION 5.  Sections 2308.253(c), (d), and (e), Occupations
  Code, are amended to read as follows:
         (c)  A parking facility owner may not have an emergency
  vehicle described by Section 2308.251(b) towed [removed] from the
  parking facility.
         (d)  Except as provided by a contract described by Subsection
  (e), a parking facility owner may not have a vehicle towed [removed]
  from the parking facility merely because the vehicle does not
  display an unexpired license plate or registration insignia issued
  for the vehicle under Chapter 502, Transportation Code, or the
  vehicle registration law of another state or country.
         (e)  A contract provision providing for the towing [removal]
  from a parking facility of a vehicle that does not display an
  unexpired license plate or registration insignia is valid only if
  the provision requires the owner or operator of the vehicle to be
  given at least 10 days' written notice that the vehicle will be
  towed from the parking facility at the vehicle owner's or operator's
  expense if it is not removed from the parking facility. The notice
  must:
               (1)  state:
                     (A)  that the vehicle does not display an
  unexpired license plate or registration insignia;
                     (B)  that the vehicle will be towed at the expense
  of the owner or operator of the vehicle if the vehicle does not
  display an unexpired license plate or registration insignia; and
                     (C)  a telephone number that is answered 24 hours
  a day to enable the owner or operator of the vehicle to locate the
  vehicle; and
               (2)  be:
                     (A) [(1)]  delivered in person to the owner or
  operator of the vehicle; [or]
                     (B) [(2)]  sent by certified mail, return receipt
  requested, to that owner or operator; or
                     (C)  attached:
                           (i)  to the vehicle's front windshield;
                           (ii)  to the vehicle's driver's side window;
  or
                           (iii)  if the vehicle has no front
  windshield or driver's side window, to a conspicuous part of the
  vehicle.
         SECTION 6.  Section 2308.253(e), Occupations Code, as
  amended by this Act, applies only to a contract, including a lease
  or rental agreement, entered into on or after the effective date of
  this Act. A contract entered into before that date is governed by
  the law in effect on the date the contract was entered into, and the
  former law is continued in effect for that purpose.
         SECTION 7.  This Act takes effect September 1, 2018.