86R10962 BEE-F

By: Powell S.B. No. 1651

A BILL TO BE ENTITLED

AN ACT

relating to motor vehicle towing.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 2308.002(13), Occupations Code, is amended to read as follows:

(13) "Unauthorized vehicle" means a vehicle [parked, stored, or] located on a parking facility without the consent of the parking facility owner, including a vehicle parked in violation of:

(A) towing or parking rules or policies provided to a tenant in accordance with Section 92.0131, Property Code; or

(B) a sign prohibiting or restricting parking posted in accordance with Subchapter G.

SECTION 2. The heading to Section 2308.251, Occupations Code, is amended to read as follows:

Sec. 2308.251. PROHIBITION AGAINST UNAUTHORIZED [UNATTENDED] VEHICLES ON PARKING FACILITIES [IN CERTAIN AREAS].

SECTION 3. Section 2308.251, Occupations Code, is amended by amending Subsection (a) and adding Subsections (d), (e), (f), and (g) to read as follows:

(a) The owner or operator of a vehicle may not, without the consent of a parking facility owner, 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 valid [the special] license plates issued under Section 504.201, Transportation Code, or a valid [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;

(6) obstructs an area that is designed or intended for the use of pedestrians;

(7) is in or obstructs a restricted parking area or parking space designated under Subchapter G;

(8) is in a tow away zone that is, except as provided for a fire lane under Subsection (c), brightly painted and is conspicuously and legibly marked with the warning "TOW AWAY ZONE" in contrasting letters at least three inches tall;

(9) is a semitrailer, trailer, or truck-tractor, as defined by Chapter 502, Transportation Code, unless the owner or operator of the vehicle is permitted under the terms of a rental or lease agreement with the parking facility to leave the unattended vehicle on the parking facility;

(10) is on an area that is not designed or intended for the parking of vehicles;

(11) is an abandoned motor vehicle as described by Section 683.002, Transportation Code;

(12) subject to Subsections (d) and (e), 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;

(13) is not registered as the vehicle of a tenant of an apartment complex or the tenant's guest and:

(A) the parking facility serves or is adjacent to an apartment complex consisting of one or more residential apartment units and any adjacent real property serving the apartment complex;

(B) the parking facility is restricted to parking by tenants of the apartment complex and their guests;

(C) the parking facility owner requires the vehicles of tenants and their guests to be registered; and

(D) the parking facility owner or a towing company on behalf of the parking facility owner maintains a list of registered tenant and guest vehicles that is updated as vehicles are registered; or

(14) occupies a parking space such that any part of the vehicle occupies an area of more than 12 inches beyond a demarcation separating the parking space from an adjacent parking space.

(d) Except as provided by a contract described by Subsection (e), a parking facility owner may not have a vehicle towed from the parking facility solely 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 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 the vehicle 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; and

(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;

(2) contain a telephone number that is answered 24 hours a day to enable the owner or operator of the vehicle to locate the vehicle; and

(3) be:

(A) delivered in person to the owner or operator of the vehicle;

(B) 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.

(f) This section may not be construed:

(1) to authorize the owner or operator of a vehicle to leave an unattended vehicle on property that is not designed or intended for the parking of vehicles; or

(2) to limit or restrict the enforcement of Chapter 683, Transportation Code, the abandoned motor vehicle law.

(g) A provision of an apartment lease or rental agreement entered into or renewed on or after January 1, 2004, that is in conflict or inconsistent with this section is void and may not be enforced.

SECTION 4. Section 2308.252, Occupations Code, is amended by amending Subsections (a), (b), and (c) and adding Subsection (b-1) 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 removed and stored at a vehicle storage facility at the vehicle owner's or operator's expense if:

(1) signs that substantially 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 (b-1); 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 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.

(b) A parking facility owner is considered to have given notice under Subsection (a)(3) if:

(1) a conspicuous notice has been attached to the vehicle's front windshield or, if the vehicle has no front windshield, to a conspicuous part of the vehicle stating:

(A) that the vehicle is in a parking space in which the vehicle is not authorized to be parked;

(B) [a description of all other unauthorized areas in the parking facility;

[(C)] that the vehicle will be towed at the expense of the owner or operator of the vehicle if it remains in an unauthorized area of the parking facility; and

(C) [(D)] 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) a notice is mailed after the notice is attached to the vehicle as provided by Subdivision (1) to the owner of the vehicle by certified mail, return receipt requested, to the last address shown for the owner according to the vehicle registration records of the Texas Department of Motor Vehicles, or if the vehicle is registered in another state, the appropriate agency of that state.

(b-1) Notwithstanding Subsection (b), a parking facility owner is considered to have given notice under Subsection (a)(3) if:

(1) notice of parking violations subject to towing has been given as part of a lease agreement; or

(2) notice has been posted on signs at each entrance to the parking facility in accordance with Subchapter G.

(c) The notice under Subsection (b)(2) must:

(1) state that the vehicle is in a space in which the vehicle is not authorized to park;

(2) [describe all other unauthorized areas in the parking facility;

[(3)] contain a warning that the unauthorized vehicle will be towed at the expense of the owner or operator of the vehicle if it is not removed from the parking facility before the 15th day after the postmark date of the notice; and

(3) [(4)] state a telephone number that is answered 24 hours a day to enable the owner or operator to locate the vehicle.

SECTION 5. Section 2308.255(c), Occupations Code, is amended to read as follows:

(c) A [Only a] towing company [that is insured against liability for property damage incurred in towing a vehicle] may tow and store an unauthorized vehicle under this chapter only if the towing company is insured against liability for property damage incurred in towing a vehicle [section].

SECTION 6. Subchapter J, Chapter 2308, Occupations Code, is amended by adding Section 2308.4501 to read as follows:

Sec. 2308.4501. PROBABLE CAUSE FOR PRIVATE PROPERTY TOW. For purposes of a hearing under this subchapter regarding a private property tow, "probable cause" means, with respect to the removal of the towed vehicle, reasonably trustworthy facts and circumstances within the knowledge of the tow operator on the scene of the tow that would lead a reasonably prudent tow operator to believe that the vehicle to be towed was parked in an unauthorized location.

SECTION 7. Sections 2308.253 and 2308.2565, Occupations Code, are repealed.

SECTION 8. The changes in law made by this Act apply only to the towing of a vehicle initiated on or after the effective date of this Act. The towing of a vehicle initiated before the effective date of this Act is governed by the law in effect at the time the towing was initiated, and the former law is continued in effect for that purpose.

SECTION 9. This Act takes effect September 1, 2019.