| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to mediation of certain fee disputes between towing |
|
|
companies and motor carriers. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 2303.154, 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), if [If] a |
|
|
vehicle is not claimed by a person permitted to claim the vehicle |
|
|
before the 10th day after the date notice is mailed or published |
|
|
under Section 2303.151 or 2303.152, the operator of the vehicle |
|
|
storage facility shall consider the vehicle to be abandoned and, if |
|
|
required by the law enforcement agency with jurisdiction where the |
|
|
vehicle is located, report the abandonment to the law enforcement |
|
|
agency. If the law enforcement agency notifies the vehicle storage |
|
|
facility that the agency will send notices and dispose of the |
|
|
abandoned vehicle under Subchapter B, Chapter 683, Transportation |
|
|
Code, the vehicle storage facility shall pay the fee required under |
|
|
Section 683.031, Transportation Code. |
|
|
(a-1) For purposes of this subsection, "motor carrier" has |
|
|
the meaning assigned by Section 643.001, Transportation Code. A |
|
|
motor vehicle operated by a motor carrier and held in a vehicle |
|
|
storage facility may not be considered abandoned under Subsection |
|
|
(a): |
|
|
(1) until the 31st day after the date notice is mailed |
|
|
or published under Section 2303.151 or 2303.152; or |
|
|
(2) if the operator of the vehicle storage facility |
|
|
receives notice: |
|
|
(A) under Section 2308.554(a)(1)(B) that the |
|
|
vehicle is the subject of a request for mediation under Subchapter |
|
|
L, Chapter 2308; or |
|
|
(B) under Section 2308.560(c) that the vehicle is |
|
|
the subject of a civil action brought by a party to the fee dispute |
|
|
that was the subject of a mediation under Subchapter L, Chapter |
|
|
2308. |
|
|
SECTION 2. Subchapter D, Chapter 2303, Occupations Code, is |
|
|
amended by adding Section 2303.1541 to read as follows: |
|
|
Sec. 2303.1541. SALE OR DISPOSAL OF VEHICLE PENDING |
|
|
MEDIATION PROHIBITED. A vehicle storage facility operator who |
|
|
receives notice under Section 2308.554(a)(1)(B) or Section |
|
|
2308.560(c) may not sell at a public sale or otherwise dispose of or |
|
|
report to a law enforcement agency under Section 683.031(c), |
|
|
Transportation Code, the vehicle that is the subject of the notice |
|
|
until the operator receives notice under Section 2308.560 that: |
|
|
(1) the mediation has been resolved; and |
|
|
(2) if a civil action related to the fee dispute that |
|
|
was the subject of the mediation was filed by a party after the end |
|
|
of the mediation process, the civil action has concluded. |
|
|
SECTION 3. Chapter 2308, Occupations Code, is amended by |
|
|
adding Subchapter L to read as follows: |
|
|
SUBCHAPTER L. FEE DISPUTE MEDIATION |
|
|
BETWEEN TOWING COMPANY AND MOTOR CARRIER |
|
|
Sec. 2308.551. DEFINITION. In this subchapter, "motor |
|
|
carrier" has the meaning assigned by Section 643.001, |
|
|
Transportation Code. |
|
|
Sec. 2308.552. FEE DISPUTE MEDIATION REQUIRED ON MOTOR |
|
|
CARRIER REQUEST. (a) A motor carrier may request mediation under |
|
|
this subchapter in a dispute with a towing company relating to an |
|
|
incident management or other nonconsent tow for which towing and |
|
|
recovery fees exceed $20,000. |
|
|
(b) A towing company must participate in mediation |
|
|
requested by a motor carrier under this subchapter. |
|
|
Sec. 2308.553. REQUEST FOR MEDIATION. (a) A motor carrier |
|
|
may submit a request in the manner prescribed by the department not |
|
|
later than the 30th day after the later of the date the motor |
|
|
carrier: |
|
|
(1) pays the towing and recovery charges; or |
|
|
(2) receives notice from a vehicle storage facility |
|
|
under Section 2303.151. |
|
|
(b) A motor carrier that does not timely submit a request |
|
|
under Subsection (a) waives the right to mediation under this |
|
|
subchapter. |
|
|
Sec. 2308.554. NOTICE OF REQUEST; ORDER. (a) On receipt of |
|
|
a request for mediation under this subchapter, the department |
|
|
shall: |
|
|
(1) give notice that the motor carrier has requested |
|
|
mediation to: |
|
|
(A) the towing company that towed the vehicle |
|
|
that is the subject of the request for mediation; and |
|
|
(B) the operator of the vehicle storage facility |
|
|
storing the vehicle that is the subject of the request for |
|
|
mediation; and |
|
|
(2) order the parties to participate in mediation |
|
|
under this subchapter. |
|
|
(b) A vehicle storage facility operator who receives notice |
|
|
under this section: |
|
|
(1) may continue to charge a daily storage fee |
|
|
authorized by Section 2303.155(b)(3); and |
|
|
(2) may not sell the vehicle at a public sale or |
|
|
otherwise dispose of the vehicle under Subchapter D, Chapter 2303, |
|
|
or report the vehicle to a law enforcement agency under Section |
|
|
683.031(c), Transportation Code, before the operator receives |
|
|
notice under Section 2308.560 that: |
|
|
(A) the mediation has been resolved; and |
|
|
(B) if a civil action related to the fee dispute |
|
|
that was the subject of the mediation was filed by a party after the |
|
|
end of the mediation process, the civil action has concluded. |
|
|
Sec. 2308.555. MEDIATOR. (a) A person may not act as a |
|
|
mediator in the mediation program unless the person is qualified as |
|
|
an impartial third party under Section 154.052, Civil Practice and |
|
|
Remedies Code. |
|
|
(b) The parties by agreement shall select and compensate a |
|
|
mediator from the list maintained by the department, except that |
|
|
the parties by written agreement may select a mediator not on the |
|
|
department's list. |
|
|
(c) If the parties do not agree on a mediator by the 10th day |
|
|
after the date the department orders the parties to participate in |
|
|
the mediation: |
|
|
(1) the motor carrier or the towing company shall |
|
|
notify the department that a mediator has not been selected; and |
|
|
(2) the department shall select a mediator from the |
|
|
department's list of qualified mediators based on convenience to |
|
|
the location of each party. |
|
|
(d) Sections 154.053 and 154.055, Civil Practice and |
|
|
Remedies Code, apply to a mediator under this subchapter. |
|
|
Sec. 2308.556. LOCATION AND SCHEDULE OF MEDIATION. (a) The |
|
|
parties by agreement shall select a venue and schedule for |
|
|
mediation under this subchapter. If the parties are unable to agree |
|
|
on a venue and schedule, the mediator shall select a venue and |
|
|
schedule. |
|
|
(b) Mediation must be completed not later than the 30th day |
|
|
after the date the department orders the parties to mediate, except |
|
|
that the deadline may be extended by agreement of all parties. |
|
|
Sec. 2308.557. APPLICABLE LAW. Section 154.073, Civil |
|
|
Practice and Remedies Code, and Rule 408, Texas Rules of Evidence, |
|
|
apply to mediation under this subchapter. |
|
|
Sec. 2308.558. DURATION AND COSTS OF MEDIATION. (a) The |
|
|
fee for a mediator employed under this subchapter may not exceed: |
|
|
(1) $750 per party, for a half-day mediation; or |
|
|
(2) $1,500 per party, for a full-day mediation. |
|
|
(b) A mediation may not exceed one day unless the parties |
|
|
agree to extend the mediation. |
|
|
(c) The department is not liable for compensation paid or to |
|
|
be paid to a mediator employed under this subchapter. |
|
|
(d) Without regard to the outcome of mediation or subsequent |
|
|
regulatory or judicial proceedings, costs incurred by a party in |
|
|
mediation required by this subchapter may not be imposed on the |
|
|
opposing party. |
|
|
Sec. 2308.559. MATTERS CONSIDERED IN MEDIATION; AGREED |
|
|
RESOLUTION. In a mediation under this subchapter, the parties |
|
|
shall evaluate, without limitation, whether the amount charged by |
|
|
the towing company is excessive. If the parties determine that the |
|
|
amount charged is excessive, the parties shall determine the |
|
|
appropriate charges for services rendered. |
|
|
Sec. 2308.560. OUTCOME OF MEDIATION; CIVIL ACTION. (a) Not |
|
|
later than the 15th day after the date the mediation concludes, the |
|
|
mediator shall report to the department whether mediation resolves |
|
|
the dispute. The department shall notify the operator of the |
|
|
vehicle storage facility where the vehicle that is the subject of |
|
|
the mediation is being stored of the outcome of the mediation. |
|
|
(b) If mediation does not resolve the dispute, either party |
|
|
may file a civil action. A party in a mediation under this |
|
|
subchapter may not bring a civil action before the conclusion of the |
|
|
mediation process under this subchapter. This subsection does not |
|
|
prohibit a motor carrier from filing a request for a hearing under |
|
|
Subchapter J before the conclusion of mediation. |
|
|
(c) If a party in mediation brings a civil action related to |
|
|
the fee dispute that was the subject of the mediation after the |
|
|
conclusion of the mediation process, the party bringing the action |
|
|
shall give notice to the operator of the vehicle storage facility |
|
|
storing the vehicle that is the subject of the action of the |
|
|
initiation and conclusion of the action. Notice under this |
|
|
subsection must be given: |
|
|
(1) on filing the petition with the court, if the motor |
|
|
carrier is the party filing the action; or |
|
|
(2) on service of citation on the motor carrier. |
|
|
(d) A vehicle storage facility operator who receives notice |
|
|
of a civil action from a party under this section: |
|
|
(1) may continue to charge a daily storage fee |
|
|
authorized by Section 2303.155(b)(3); and |
|
|
(2) may not sell the vehicle at a public sale or |
|
|
otherwise dispose of the vehicle under Subchapter D, Chapter 2303, |
|
|
before the party bringing the action gives the operator notice that |
|
|
the action is concluded in favor of the towing company. |
|
|
Sec. 2308.561. FORMS AND PROCEDURES; REQUEST PORTAL. The |
|
|
department shall: |
|
|
(1) adopt forms and procedures necessary to administer |
|
|
this subchapter; |
|
|
(2) establish a portal on the department's Internet |
|
|
website through which a request to participate in the mediation |
|
|
program may be submitted; and |
|
|
(3) maintain a list of qualified mediators on the |
|
|
department's Internet website. |
|
|
SECTION 4. Section 683.031, Transportation 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] motor |
|
|
vehicle is abandoned if the vehicle is left in a storage facility |
|
|
operated for commercial purposes after the 10th day after the date |
|
|
on which: |
|
|
(1) the garagekeeper gives notice by registered or |
|
|
certified mail, return receipt requested, to the last known |
|
|
registered owner of the vehicle and to each lienholder of record of |
|
|
the vehicle under Chapter 501 to remove the vehicle; |
|
|
(2) a contract for the vehicle to remain on the |
|
|
premises of the facility expires; or |
|
|
(3) the vehicle was left in the facility, if the |
|
|
vehicle was left by a person other than the registered owner or a |
|
|
person authorized to have possession of the vehicle under a |
|
|
contract of use, service, storage, or repair. |
|
|
(a-1) For purposes of this subsection, "motor carrier" has |
|
|
the meaning assigned by Section 643.001. A motor vehicle operated |
|
|
by a motor carrier and held at a vehicle storage facility may not be |
|
|
considered abandoned under this subchapter: |
|
|
(1) until the 31st day after the date described by |
|
|
Subsection (a); or |
|
|
(2) if the operator of the vehicle storage facility |
|
|
receives notice: |
|
|
(A) under Section 2308.554(a)(1)(B), Occupations |
|
|
Code, that the vehicle is the subject of a request for mediation |
|
|
under Subchapter L, Chapter 2308, Occupations Code; or |
|
|
(B) under Section 2308.560(c), Occupations Code, |
|
|
that the vehicle is the subject of a civil action brought by a party |
|
|
to the fee dispute that was the subject of a mediation under |
|
|
Subchapter L, Chapter 2308, Occupations Code. |
|
|
SECTION 5. This Act takes effect September 1, 2023. |