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A BILL TO BE ENTITLED
|
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AN ACT
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relating to the towing, booting, and storage of vehicles. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 2303.002(1), (7), and (8), Occupations |
|
Code, are amended to read as follows: |
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(1) "Abandoned nuisance vehicle" means a motor vehicle |
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that is[:
|
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[(A) at least 10 years old; and
|
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[(B)] of a condition only to be crushed |
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[demolished, wrecked,] or dismantled. |
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(7) "Vehicle" means: |
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(A) a motor vehicle, trailer, or semitrailer, as |
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defined by Section 501.002 [for which the issuance of a certificate
|
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of title is required under Chapter 501], Transportation Code; or |
|
(B) a vessel, as defined by Section 31.003, Parks |
|
and Wildlife Code [any other device designed to be self-propelled
|
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or transported on a public highway]. |
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(8) "Vehicle storage facility" means a garage, parking |
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lot, or other facility that is: |
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(A) owned by a person other than a governmental |
|
entity; and |
|
(B) used to store [or park] at least 10 vehicles |
|
each year. |
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SECTION 2. Section 2303.003(a), Occupations Code, is |
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amended to read as follows: |
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(a) This chapter does not apply to a vehicle stored [or
|
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parked] at a vehicle storage facility with the consent of the owner |
|
of the vehicle. |
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SECTION 3. Subchapter A, Chapter 2303, Occupations Code, is |
|
amended by adding Section 2303.004 to read as follows: |
|
Sec. 2303.004. MUNICIPAL LAW OR GOVERNMENTAL CONTRACT |
|
CONTROLS. Unless specifically provided otherwise, this chapter |
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does not control over: |
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(1) a municipal ordinance or charter; or |
|
(2) a contract with a governmental entity to provide |
|
services for incident management towing, as defined by Section |
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2308.002. |
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SECTION 4. Section 2303.1015(a), Occupations Code, is |
|
amended to read as follows: |
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(a) A person may not work at a vehicle storage facility |
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unless the person holds: |
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(1) a license issued under this chapter; |
|
(2) an incident management towing operator's license |
|
under Section 2308.153; |
|
(3) a private property towing operator's license under |
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Section 2308.154; or |
|
(4) a consent towing operator's license under Section |
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2308.155. |
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SECTION 5. Section 2303.104(b), Occupations Code, is |
|
amended to read as follows: |
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(b) The notice must state the reason for the department's |
|
decision and that the applicant is entitled to a hearing before the |
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State Office of Administrative Hearings under Section 51.354 |
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[department under Subchapter E]. |
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SECTION 6. Section 2303.151, Occupations Code, is amended |
|
by amending Subsection (a) and adding Subsection (b-1) to read as |
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follows: |
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(a) The operator of a vehicle storage facility who receives |
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a vehicle that is registered in this state and that is towed to the |
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vehicle storage facility for storage shall send a written notice to |
|
the registered owner and the primary lienholder of the vehicle not |
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later than the fifth day after the date but not earlier than 24 |
|
hours after the date the operator receives the vehicle. |
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(b-1) If the operator of a vehicle storage facility does not |
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send the notice within the time period described by Subsection (a) |
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or (b), the ability of the operator to dispose of the vehicle as |
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provided by this subchapter is not affected. |
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SECTION 7. Section 2303.1511(a), Occupations Code, is |
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amended to read as follows: |
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(a) A vehicle storage facility accepting a vehicle that is |
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towed under Chapter 2308 [this chapter] shall, within two hours |
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after receiving the vehicle, report to the local law enforcement |
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agency with jurisdiction over the area from which the vehicle was |
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towed: |
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(1) a general description of the vehicle; |
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(2) the state and number of the vehicle's license |
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plate, if any; |
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(3) the vehicle identification number of the vehicle, |
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if it can be ascertained; |
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(4) the location from which the vehicle was towed; and |
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(5) the name and location of the vehicle storage |
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facility where the vehicle is being stored. |
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SECTION 8. Section 2303.1551(a), Occupations Code, is |
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amended to read as follows: |
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(a) All storage fees shall be posted or electronically |
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displayed at the licensed vehicle storage facility [to which the
|
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motor vehicle has been delivered] and shall be posted or displayed |
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in view of the person who claims the vehicle. |
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SECTION 9. Sections 2303.159(a) and (a-1), Occupations |
|
Code, are amended to read as follows: |
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(a) The operator of a vehicle storage facility shall accept |
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each of the following forms of payment for any charge associated |
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with delivery or storage of a vehicle: |
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(1) cash; |
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(2) debit card; and |
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(3) credit card, to the same extent that the |
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department accepts a credit card as a form of payment. |
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(a-1) The operator of a vehicle storage facility shall |
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conspicuously post or electronically display a sign that states: |
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"This vehicle storage facility must accept payment by cash, credit |
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card, and debit card for any fee or charge associated with delivery |
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or storage of a vehicle." The operator of a vehicle storage |
|
facility may not refuse to release a vehicle based on the inability |
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of the facility to accept payment by debit card or credit card of a |
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fee or charge associated with delivery or storage of the vehicle |
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unless the operator, through no fault of the operator, is unable to |
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accept the debit card or credit card because of a power outage or a |
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machine malfunction. |
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SECTION 10. Section 2303.160, Occupations Code, is amended |
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by amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) Subject to Subsection (b-1), a [A] vehicle storage |
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facility must accept evidence of financial responsibility, as |
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required by Section 601.051, Transportation Code, as documentation |
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[an additional form of identification] that establishes ownership |
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or right of possession or control of the vehicle. |
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(b-1) A vehicle storage facility may require additional |
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documentation that establishes ownership or right of possession or |
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control of a vehicle if required by a municipal ordinance, law |
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enforcement agency, or governmental agency under which a tow was |
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authorized. |
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SECTION 11. Section 2303.303, Occupations Code, is amended |
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to read as follows: |
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Sec. 2303.303. AUTHORITY TO ARREST. A peace officer [or
|
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license and weight inspector for the Department of Public Safety] |
|
may make an arrest for a violation of a rule adopted under this |
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chapter. |
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SECTION 12. Subchapter A, Chapter 2308, Occupations Code, |
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is amended by adding Section 2308.0011 to read as follows: |
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Sec. 2308.0011. PURPOSE. This chapter is intended to |
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promote public safety by establishing comprehensive safety |
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requirements for the towing industry without imposing significant |
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burdens on the towing industry. |
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SECTION 13. Sections 2308.002(11), (14), and (16), |
|
Occupations Code, are amended to read as follows: |
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(11) "Tow truck" means a motor vehicle, including a |
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wrecker, equipped with a mechanical device used to tow, winch, or |
|
otherwise move another motor vehicle. The term does not include: |
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(A) a motor vehicle owned and operated by a |
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governmental entity, including a public school district; |
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(B) a motor vehicle towing: |
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(i) a race car; |
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(ii) a motor vehicle for exhibition; or |
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(iii) an antique motor vehicle; |
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(C) a recreational vehicle towing another |
|
vehicle; |
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(D) a motor vehicle used in combination with a |
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tow bar, tow dolly, or other mechanical device if the vehicle is not |
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operated in the furtherance of a commercial enterprise; |
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(E) a motor vehicle that is controlled or |
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operated by a farmer or rancher and used for towing a farm vehicle; |
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(F) a motor vehicle that: |
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(i) is owned or operated by an entity the |
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primary business of which is the rental of motor vehicles; and |
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(ii) only tows vehicles rented by the |
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entity; |
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(G) a truck-trailer combination that is owned or |
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operated by a dealer licensed under Chapter 2301 and used to |
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transport new vehicles during the normal course of a documented |
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transaction in which the dealer is a party and ownership or the |
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right of possession of the transported vehicle is conveyed or |
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transferred; or |
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(H) a car hauler that is: |
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(i) designed to transport three or more |
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motor vehicles at the same time; and |
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(ii) used solely to transport, other than in |
|
a consent or nonconsent tow, motor vehicles as cargo in the course |
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of a prearranged shipping transaction or for use in mining, |
|
drilling, or construction operations. |
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(14) "Vehicle" means a: |
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(A) motor vehicle, as defined by Section 501.002, |
|
Transportation Code; or |
|
(B) vessel, as defined by Section 31.003, Parks |
|
and Wildlife Code [device in, on, or by which a person or property
|
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may be transported on a public roadway. The term includes an
|
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operable or inoperable automobile, truck, motorcycle, recreational
|
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vehicle, or trailer but does not include a device moved by human
|
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power or used exclusively on a stationary rail or track]. |
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(16) "Vehicle storage facility" has the meaning |
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assigned [means a vehicle storage facility, as defined] by Section |
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2303.002[, that is operated by a person who holds a license issued
|
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under Chapter 2303 to operate the facility]. |
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SECTION 14. Section 2308.108(a), Occupations Code, is |
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amended to read as follows: |
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(a) The department shall issue a cab card for each tow truck |
|
issued a permit. The commission by rule shall prescribe the |
|
contents of the cab card [must:
|
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[(1)
show the permit number of the certificate issued
|
|
under Section 2308.106(b);
|
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[(2) show the type of permit issued;
|
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[(3) show the vehicle unit number;
|
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[(4) show the vehicle identification number; and
|
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[(5)
contain a statement that the vehicle has been
|
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issued a permit under this subchapter]. |
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SECTION 15. Section 2308.153, Occupations Code, is amended |
|
by adding Subsection (c) to read as follows: |
|
(c) A person holding a license described by this section may |
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work at a vehicle storage facility regulated under Chapter 2303. |
|
SECTION 16. Section 2308.154, Occupations Code, is amended |
|
by adding Subsection (c) to read as follows: |
|
(c) A person holding a license described by this section may |
|
work at a vehicle storage facility regulated under Chapter 2303. |
|
SECTION 17. Section 2308.155, Occupations Code, is amended |
|
by adding Subsection (c) to read as follows: |
|
(c) A person holding a license described by this section may |
|
work at a vehicle storage facility regulated under Chapter 2303. |
|
SECTION 18. Section 2308.158, Occupations Code, is amended |
|
to read as follows: |
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Sec. 2308.158. ALCOHOL AND DRUG TESTING OF TOWING |
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OPERATORS. (a) A towing company shall establish an alcohol and |
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drug testing policy for towing operators. A towing company that |
|
establishes an alcohol and drug testing policy under this |
|
subsection may adopt: |
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(1) the model alcohol and drug testing policy adopted |
|
by the commission; |
|
(2) the alcohol and drug testing policy prescribed by |
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49 C.F.R. Part 40; or |
|
(3) [may use] another alcohol and drug testing policy |
|
that the department determines is at least as stringent as the |
|
policy adopted by the commission. |
|
(b) The commission by rule shall adopt a model alcohol and |
|
drug testing policy for use by a towing company. The model alcohol |
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and drug testing policy must be designed to ensure the safety of the |
|
public through appropriate alcohol and drug testing and to protect |
|
the rights of employees. The model alcohol and drug testing policy |
|
must[:
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[(1)
require at least one scheduled drug test each
|
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year for each towing operator; and
|
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[(2)] authorize random, unannounced alcohol and drug |
|
testing for towing operators. |
|
SECTION 19. Sections 2308.2065(a) and (b), Occupations |
|
Code, are amended to read as follows: |
|
(a) A license or permit holder may not charge a fee for a |
|
nonconsent tow that is greater than: |
|
(1) the fee for a private property [nonconsent] tow |
|
established under Section 2308.0575; or |
|
(2) a fee for an incident management or private |
|
property [a nonconsent] tow authorized by a political subdivision. |
|
(b) A license or permit holder may not charge a fee for a |
|
service related to a nonconsent tow that is not included in the list |
|
of fees established: |
|
(1) for a private property tow under Section |
|
2308.0575; or |
|
(2) by a political subdivision. |
|
SECTION 20. Section 2308.252(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) A parking facility owner may, without the consent of the |
|
owner or operator of an unauthorized vehicle, cause the vehicle and |
|
any property on or in the vehicle to be towed [removed] and stored |
|
at a vehicle storage facility at the vehicle owner's or operator's |
|
expense if: |
|
(1) signs that comply with Subchapter G prohibiting |
|
unauthorized vehicles are located on the parking facility at the |
|
time of towing and for the preceding 24 hours and remain installed |
|
at the time of towing; |
|
(2) the owner or operator of the vehicle has received |
|
actual notice from the parking facility owner that the vehicle will |
|
be towed at the vehicle owner's or operator's expense if it is in or |
|
not removed from an unauthorized space; |
|
(3) the parking facility owner gives notice to the |
|
owner or operator of the vehicle under Subsection (b); or |
|
(4) on request the parking facility owner provides to |
|
the owner or operator of the vehicle information on the name of the |
|
towing company and vehicle storage facility that will be used to tow |
|
[remove] and store the vehicle and the vehicle is: |
|
(A) left in violation of Section 2308.251 or |
|
2308.253; or |
|
(B) in or obstructing a portion of a paved |
|
driveway or abutting public roadway used for entering or exiting |
|
the facility. |
|
SECTION 21. Section 2308.254, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 2308.254. LIMITATION ON PARKING FACILITY OWNER'S |
|
AUTHORITY TO TOW [REMOVE] UNAUTHORIZED VEHICLE. A parking facility |
|
owner may not have an unauthorized vehicle towed [removed] from the |
|
facility except: |
|
(1) as provided by this chapter or a municipal |
|
ordinance that complies with Section 2308.208; or |
|
(2) under the direction of a peace officer or the owner |
|
or operator of the vehicle. |
|
SECTION 22. Section 2308.302, Occupations Code, is amended |
|
by adding Subsection (b-1) and amending Subsections (c), (d), and |
|
(e) to read as follows: |
|
(b-1) Any portion of the sign that is not described by |
|
Subsection (b) must be red or white with any lettering contrasting |
|
with the background. |
|
(c) The portion of the sign immediately below the |
|
international towing symbol must, [:
|
|
[(1)] in lettering at least two inches in height, |
|
contain the words, as applicable: |
|
(1) [(A)] "Towing and Booting Enforced"; |
|
(2) [(B)] "Towing Enforced"; or |
|
(3) [(C)] "Booting Enforced"[; and
|
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[(2)
consist of white letters on a bright red
|
|
background]. |
|
(d) Except as provided by Subsection (e), the next lower |
|
portion of the sign must contain the remaining information required |
|
by Section 2308.301(b) displayed in [bright red] letters at least |
|
one inch in height [on a white background]. |
|
(e) The bottommost portion of the sign must contain the |
|
telephone numbers required by Section 2308.301(b), in lettering at |
|
least one inch in height and may, if the facility owner chooses or |
|
if an applicable municipal ordinance requires, include the name and |
|
address of the storage facility to which an unauthorized vehicle |
|
will be towed [removed. The lettering on this portion of the sign
|
|
must consist of white letters on a bright red background]. |
|
SECTION 23. Section 2308.304, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 2308.304. DESIGNATION OF RESTRICTED PARKING SPACES ON |
|
OTHERWISE UNRESTRICTED PARKING FACILITY. A parking facility owner |
|
may designate one or more spaces as restricted parking spaces on a |
|
portion of an otherwise unrestricted parking facility. Instead of |
|
installing a sign at each entrance to the parking facility as |
|
provided by Section 2308.301(a)(2), an owner may place a sign that |
|
prohibits unauthorized vehicles from parking in designated spaces |
|
and that otherwise complies with Sections 2308.301 and 2308.302: |
|
(1) at the right or left side of each entrance to a |
|
designated area or group of parking spaces located on the |
|
restricted portion of the parking facility; or |
|
(2) at the end of a restricted parking space so that |
|
the sign, the top of which must not be higher than seven feet above |
|
the ground, is directly facing and in front of [a vehicle that is
|
|
parked in the space and the rear of which is at the entrance of] the |
|
restricted space. |
|
SECTION 24. The heading to Section 2308.353, Occupations |
|
Code, is amended to read as follows: |
|
Sec. 2308.353. TOWING [REMOVAL] UNDER GOVERNMENTAL |
|
ENTITY'S AUTHORITY OF UNAUTHORIZED VEHICLE PARKED IN RIGHT-OF-WAY. |
|
SECTION 25. Section 2308.403, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 2308.403. LIMITATION ON LIABILITY OF PARKING FACILITY |
|
OWNER FOR TOWING [REMOVAL] OR STORAGE OF UNAUTHORIZED VEHICLE. A |
|
parking facility owner who causes the tow [removal] of an |
|
unauthorized vehicle is not liable for damages arising from the |
|
towing [removal] or storage of the vehicle if the vehicle: |
|
(1) was towed [removed] in compliance with this |
|
chapter; and |
|
(2) is: |
|
(A) towed [removed] by a towing company insured |
|
against liability for property damage incurred in towing a vehicle; |
|
and |
|
(B) stored by a vehicle storage facility insured |
|
against liability for property damage incurred in storing a |
|
vehicle. |
|
SECTION 26. The heading to Section 2308.404, Occupations |
|
Code, is amended to read as follows: |
|
Sec. 2308.404. CIVIL LIABILITY OF TOWING COMPANY, BOOTING |
|
COMPANY, OR PARKING FACILITY OWNER FOR VIOLATION OF SUBCHAPTER |
|
[CHAPTER]. |
|
SECTION 27. Sections 2308.404(a) and (c), Occupations Code, |
|
are amended to read as follows: |
|
(a) A towing company, booting company, or parking facility |
|
owner who violates this subchapter [chapter] is liable to the owner |
|
or operator of the vehicle that is the subject of the violation for: |
|
(1) damages arising from the towing [removal], |
|
storage, or booting of the vehicle; and |
|
(2) towing, storage, or booting fees paid by the owner |
|
or operator [assessed] in connection with the vehicle's towing |
|
[removal], storage, or booting. |
|
(c) A towing company, booting company, or parking facility |
|
owner who intentionally, knowingly, or recklessly violates this |
|
subchapter [chapter] is liable to the owner or operator of the |
|
vehicle that is the subject of the violation for $1,000 plus three |
|
times the amount of fees paid by the owner or operator [assessed] in |
|
the vehicle's [removal,] towing, storage, or booting. |
|
SECTION 28. Section 2308.451, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 2308.451. PAYMENT OF COST OF TOWING [REMOVAL], |
|
STORAGE, AND BOOTING OF VEHICLE. (a) If in a hearing held under |
|
this subchapter [chapter] the court finds that a person or law |
|
enforcement agency authorized, with probable cause, the towing |
|
[removal] and storage in a vehicle storage facility of a vehicle, |
|
the person who requested the hearing shall pay the costs of the |
|
towing [removal] and storage if the person has not already paid the |
|
costs. |
|
(b) If in a hearing held under this subchapter [chapter] the |
|
court does not find that a person or law enforcement agency |
|
authorized, with probable cause, the towing [removal] and storage |
|
in a vehicle storage facility of a vehicle, the towing company, |
|
[vehicle storage facility, or] parking facility owner, or law |
|
enforcement agency that authorized the tow [removal] shall: |
|
(1) pay the costs of the towing [removal] and storage; |
|
or |
|
(2) reimburse the vehicle owner or operator for the |
|
cost of the towing [removal] and storage paid by the vehicle owner |
|
or operator. |
|
(c) If in a hearing held under this subchapter [chapter] the |
|
court finds that a person authorized, with probable cause, the |
|
booting of a vehicle in a parking facility, the person who requested |
|
the hearing shall pay the costs of the booting. |
|
(c-1) If, in a hearing held under this subchapter [chapter], |
|
regardless of whether the court finds that there was probable cause |
|
for the towing [removal] and storage of a vehicle, the court finds |
|
that the towing charge was made in violation of Section 2308.2065 or |
|
that a storage charge exceeded an amount authorized by Section |
|
2303.155 [collected exceeded fees regulated by a political
|
|
subdivision or authorized by this chapter or Chapter 2303], the |
|
towing company or vehicle storage facility operator, as applicable, |
|
shall reimburse the owner or operator of the vehicle an amount equal |
|
to the overcharge paid by the vehicle owner or operator. |
|
(d) If in a hearing held under this subchapter [chapter] the |
|
court does not find that a person authorized, with probable cause, |
|
the booting of a vehicle, the person that authorized the booting |
|
shall: |
|
(1) pay the costs of the booting and any related |
|
parking fees; or |
|
(2) reimburse the vehicle owner or operator for the |
|
cost of the booting and any related parking fees paid by the vehicle |
|
owner or operator. |
|
SECTION 29. Section 2308.452, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 2308.452. RIGHT OF VEHICLE OWNER OR OPERATOR [OF
|
|
VEHICLE] TO HEARING. The owner or operator of a vehicle that has |
|
been towed to [removed] and stored [placed] in a vehicle storage |
|
facility or booted without the consent of the vehicle owner or |
|
operator [of the vehicle] is entitled to a hearing on whether |
|
probable cause existed for the tow [removal and placement] or |
|
booting. |
|
SECTION 30. Section 2308.453, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 2308.453. JURISDICTION. A hearing under this |
|
subchapter [chapter] shall be in any justice court in: |
|
(1) the county from which the motor vehicle was towed; |
|
or |
|
(2) for booted vehicles, the county in which the |
|
parking facility is located. |
|
SECTION 31. Section 2308.454, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 2308.454. NOTICE TO VEHICLE OWNER OR OPERATOR. (a) If |
|
before a hearing held under this subchapter [chapter] the vehicle |
|
owner or operator [of a vehicle] pays the costs of the vehicle's |
|
towing [removal] or storage, the towing company or vehicle storage |
|
facility that received the payment shall at the time of payment give |
|
the vehicle owner or operator written notice of the person's rights |
|
under this subchapter [chapter]. |
|
(b) The operator of a vehicle storage facility that sends a |
|
notice under Subchapter D, Chapter 2303, shall include with that |
|
notice a notice of the person's rights under this subchapter |
|
[chapter]. |
|
(c) If before a hearing held under this subchapter [chapter] |
|
the vehicle owner or operator [of a vehicle] pays the costs for |
|
removal of a boot, the booting company shall at the time of payment |
|
give the vehicle owner or operator written notice of the person's |
|
rights under this subchapter [chapter]. |
|
(d) The booting operator that places a notice on a booted |
|
vehicle under Section 2308.257 shall include with that notice a |
|
notice of the person's rights under this subchapter [chapter]. |
|
(e) If the towing company or vehicle storage facility that |
|
received the payment fails to furnish to the vehicle owner or |
|
operator [of the vehicle] the name, address, and telephone number |
|
of the parking facility owner or law enforcement agency that |
|
authorized the towing [removal] of the vehicle, the towing company |
|
or vehicle storage facility that received the payment is liable if |
|
the court, after a hearing, does not find probable cause for the |
|
towing [removal] and storage of the vehicle. |
|
SECTION 32. 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 |
|
14 days for a court hearing to determine whether probable cause |
|
existed to tow [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 towed [removed] the vehicle or the booting |
|
company that booted the vehicle; |
|
(3) the name, address, and telephone number[, and
|
|
county] of the vehicle storage facility in which the vehicle was |
|
stored [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 towing |
|
[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 Internet website 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 33. Sections 2308.456(a), (b), (c), and (d), |
|
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 subchapter [chapter] must |
|
deliver a written request for the hearing to the court before the |
|
14th day after the date the vehicle was towed [removed] and stored |
|
[placed] in the vehicle storage facility or booted, excluding |
|
Saturdays, Sundays, and legal holidays. |
|
(b) A request for a hearing must contain: |
|
(1) the name, address, and telephone number of the |
|
owner or operator of the vehicle; |
|
(2) the location of the parking facility from which |
|
the vehicle was towed [removed] or in which the vehicle was booted; |
|
(3) the date when the vehicle was towed [removed] or |
|
booted; |
|
(4) the name, address, and telephone number of the |
|
person or law enforcement agency that authorized the tow [removal] |
|
or booting; |
|
(5) the name, address, and telephone number of the |
|
vehicle storage facility in which the vehicle was stored [placed]; |
|
(6) the name, address, and telephone number of the |
|
towing company that towed [removed] the vehicle or of the booting |
|
company that installed a boot on the vehicle; |
|
(7) a copy of any receipt or notification that the |
|
vehicle owner or operator received from the towing company, the |
|
booting company, or the vehicle storage facility; and |
|
(8) if the vehicle was towed [removed] from or booted |
|
in a parking facility: |
|
(A) one or more photographs that show the |
|
location and text of any sign posted at the parking facility |
|
restricting parking of vehicles; or |
|
(B) a statement that no sign restricting parking |
|
was posted at the parking facility. |
|
(c) If notice was not given under Subchapter D, Chapter 2303 |
|
[Section 2308.454], the 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. |
|
(d) A person who fails to deliver a request in accordance |
|
with Subsections [Subsection] (a) and (b) waives the right to a |
|
hearing and the court shall dismiss the request for a hearing under |
|
this subchapter with prejudice. |
|
SECTION 34. Section 2308.457, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 2308.457. FILING FEE AUTHORIZED. The court may charge |
|
a filing fee of $20 for a hearing under this subchapter [chapter]. |
|
SECTION 35. Section 2308.458, Occupations Code, is amended |
|
by amending Subsections (a), (b), (b-2), (c), and (d) and adding |
|
Subsections (c-2) and (c-3) to read as follows: |
|
(a) A hearing under this subchapter [chapter] shall be held |
|
before the 21st calendar day after the date the court receives the |
|
request for the hearing. |
|
(b) The court shall notify the person who requested the |
|
hearing [for a towed vehicle], the parking facility owner or law |
|
enforcement agency that authorized the towing [removal] of the |
|
vehicle, the towing company, and the vehicle storage facility in |
|
which the vehicle was stored [placed] of the date, time, and place |
|
of the hearing in a manner provided by Rule 21a, Texas Rules of |
|
Civil Procedure. The notice of the hearing to the towing company |
|
and the parking facility owner or law enforcement agency that |
|
authorized the towing [removal] of the vehicle must include a copy |
|
of the request for hearing, including any photographs, exhibits, |
|
schedules, or other evidence, attached to or included or filed with |
|
the request for hearing. Notice to the law enforcement agency that |
|
authorized the towing [removal] of the vehicle is sufficient as |
|
notice to the political subdivision in which the law enforcement |
|
agency is located. |
|
(b-2) The court shall notify the person who requested the |
|
hearing for a booted vehicle, the parking facility in which the |
|
vehicle was booted, and the booting company of the date, time, and |
|
place of the hearing in a manner provided by Rule 21a, Texas Rules |
|
of Civil Procedure. The notice of hearing to the person that |
|
authorized the booting of the vehicle must include a copy of the |
|
request for hearing, including any photographs, exhibits, |
|
schedules, or other evidence, attached to or included or filed with |
|
the request for hearing. |
|
(c) In [The issues in] a hearing regarding a towed vehicle |
|
under this subchapter, the only issues a court may determine |
|
[chapter] are: |
|
(1) whether probable cause existed for the towing |
|
[removal and placement] of the vehicle; |
|
(2) whether a [towing] charge imposed or collected in |
|
connection with the storage [removal or placement] of the vehicle |
|
was greater than the amount authorized [by the political
|
|
subdivision] under Section 2303.155 [2308.201 or 2308.202]; or |
|
(3) whether a towing charge imposed or collected in |
|
connection with the towing [removal or placement] of the vehicle |
|
was prohibited by Section 2308.2065 [greater than the amount
|
|
authorized under Section 2308.203; or
|
|
[(4)
whether a towing charge imposed or collected in
|
|
connection with the removal or placement of the vehicle was greater
|
|
than the amount authorized under Section 2308.0575]. |
|
(c-2) In determining whether probable cause for the towing |
|
of a vehicle existed under Subsection (c)(1), the court shall |
|
consider the facts known to the tow operator at the time the vehicle |
|
was towed and stored in a vehicle storage facility. |
|
(c-3) The court shall find that probable cause for the |
|
towing of a vehicle existed under Subsection (c)(1) if a vehicle was |
|
towed from the parking facility of a multiunit complex, as defined |
|
by Section 92.151, Property Code, where the vehicle was parked in |
|
violation of the parking rules or policies of the multiunit |
|
complex. |
|
(d) The court shall make written findings of fact and a |
|
conclusion of law as to the issues listed in Subsection (c) or |
|
(c-1), as applicable. |
|
SECTION 36. Section 2308.459, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 2308.459. APPEAL. An appeal from a hearing under this |
|
subchapter [chapter] is governed by the rules of procedure |
|
applicable to civil cases in justice court, except that no appeal |
|
bond may be required by the court. |
|
SECTION 37. Section 2308.460(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) An award under this subchapter [chapter] may be enforced |
|
by any means available for the enforcement of a judgment for a debt. |
|
SECTION 38. Section 2308.505(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) A person commits an offense if the person: |
|
(1) violates an ordinance, resolution, order, rule, or |
|
regulation of a political subdivision adopted under Section |
|
2308.201, 2308.202, or 2308.2085 for which the political |
|
subdivision does not prescribe the penalty; |
|
(2) charges or collects a fee in a political |
|
subdivision that regulates the operation of tow trucks under |
|
Section 2308.201 or 2308.202 or booting under Section 2308.2085 |
|
that is not authorized or is greater than the authorized amount of |
|
the fee; |
|
(3) [charges or collects a fee greater than the amount
|
|
authorized under Section 2308.204;
|
|
[(4)] charges or collects a fee prohibited [in excess
|
|
of the amount filed with the department] under Section 2308.2065 |
|
[2308.206]; |
|
(4) [(5)] violates Section 2308.205; or |
|
(5) [(6)] violates a rule of the department applicable |
|
to a tow truck, towing company, or booting company. |
|
SECTION 39. The following provisions of the Occupations |
|
Code are repealed: |
|
(1) Section 2303.1016; |
|
(2) Section 2303.161; |
|
(3) Section 2308.002(7-a); |
|
(4) Section 2308.1521; |
|
(5) Section 2308.1551; |
|
(6) Section 2308.2565; and |
|
(7) Section 2308.303. |
|
SECTION 40. (a) The changes in law made by this Act do not |
|
affect the validity of a proceeding pending before a court or other |
|
governmental entity on the effective date of this Act. |
|
(b) An offense or other violation of law committed before |
|
the effective date of this Act is governed by the law in effect when |
|
the offense or violation was committed, and the former law is |
|
continued in effect for that purpose. For purposes of this |
|
subsection, an offense or violation was committed before the |
|
effective date of this Act if any element of the offense or |
|
violation occurred before that date. |
|
(c) Sections 2308.153(c), 2308.154(c), and 2308.155(c), |
|
Occupations Code, as added by this Act, apply to a license issued or |
|
renewed before, on, or after the effective date of this Act. |
|
(d) A license issued under Section 2303.1016, 2308.1521, or |
|
2308.1551, Occupations Code, that is unexpired or eligible for |
|
renewal by the license holder on the effective date of this Act |
|
expires on the earlier of: |
|
(1) the expiration date stated on the license; or |
|
(2) the date of issuance of a license issued to the |
|
license holder under Section 2308.153, 2308.154, or 2308.155, |
|
Occupations Code. |
|
(e) Except as otherwise provided by this section, the |
|
changes in law made by this Act applicable to the storage of a |
|
vehicle by a vehicle storage facility under Chapter 2303, |
|
Occupations Code, as amended by this Act, apply only to a vehicle |
|
accepted for storage by a vehicle storage facility on or after the |
|
effective date of this Act. A vehicle accepted for storage by a |
|
vehicle storage facility before the effective date of this Act is |
|
governed by the law in effect at the time the vehicle was accepted, |
|
and the former law is continued in effect for that purpose. |
|
(f) Except as otherwise provided by this section, the |
|
changes in law made by this Act applicable to the towing or booting |
|
of a vehicle under Chapter 2308, Occupations Code, as amended by |
|
this Act, apply only to the towing or booting of a vehicle initiated |
|
on or after the effective date of this Act. The towing or booting of |
|
a vehicle initiated before the effective date of this Act is |
|
governed by the law in effect at the time the towing or booting was |
|
initiated, and the former law is continued in effect for that |
|
purpose. |
|
(g) Section 2303.004, Occupations Code, as added by this |
|
Act, applies only to a conflict between Chapter 2303, Occupations |
|
Code, and a municipal ordinance or charter or a contract that arises |
|
on or after the effective date of this Act. A conflict that arises |
|
before the effective date of this Act is governed by the law in |
|
effect immediately before the effective date of this Act, and the |
|
former law is continued in effect for that purpose. |
|
(h) Subchapter J, Chapter 2308, Occupations Code, as |
|
amended by this Act, applies 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 41. This Act takes effect September 1, 2017. |