85R22029 BEE-F     By: Kuempel H.B. No. 2508     Substitute the following for H.B. No. 2508:     By:  Kuempel C.S.H.B. No. 2508       A BILL TO BE ENTITLED   AN ACT   relating to the licensing and regulation of tow truck companies,   tow truck operators, vehicle storage facilities, and vehicle   storage facility employees, the regulation of parking facilities   and parking facility owners, and the elimination of required state   licensing for vehicle booting companies and operators.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1. LICENSING AND REGULATION OF TOWING, BOOTING, AND   VEHICLE STORAGE          SECTION 1.01.  Section 2303.002, Occupations Code, is   amended by amending Subdivisions (1), (5), and (8) and adding   Subdivision (4-a) to read as follows:                (1)  "Abandoned nuisance vehicle" means a motor vehicle   that is[:                      [(A)  at least 10 years old; and                      [(B)]  of a condition only to be crushed   [demolished, wrecked,] or dismantled.                (4-a)  "Incident management scene" means the location   on a public or private roadway or right-of-way of a traffic accident   or incident requiring services, equipment, repair, or cleanup to   return the location to its intended use.                (5)  "Owner of a vehicle" means a person:                      (A)  named as the purchaser or transferee in the   certificate of title issued for the vehicle under Chapter 501,   Transportation Code, or Chapter 31, Parks and Wildlife Code, as   applicable;                      (B)  in whose name the vehicle is titled   [registered] under Chapter 501 [502], Transportation Code, or   Chapter 31, Parks and Wildlife Code, as applicable, or a member of   the person's immediate family;                      (C)  who holds the vehicle through a lease   agreement;                      (D)  who is an unrecorded lienholder entitled to   possess the vehicle under the terms of a chattel mortgage; or                      (E)  who is a lienholder, holds an affidavit of   repossession, and is entitled to repossess the vehicle.                (8)  "Vehicle storage facility" means a garage, parking   lot, or other facility that is:                      (A)  owned by a person other than a governmental   entity; and                      (B)  used to store [or park] at least 10 vehicles   each year.          SECTION 1.02.  Section 2303.003(a), Occupations Code, is   amended to read as follows:          (a)  This chapter does not apply to:                (1)  a vehicle stored [or parked] at a vehicle storage   facility with the consent of the owner of the vehicle; or                (2)  unless the vehicle was towed from an incident   management scene, a vehicle stored at a vehicle storage facility as   a result of a consent tow, as defined by Section 2308.002.          SECTION 1.03.  Subchapter A, Chapter 2303, Occupations Code,   is amended by adding Section 2303.004 to read as follows:          Sec. 2303.004.  GOVERNMENTAL CONTRACT CONTROLS. Unless   specifically provided otherwise, this chapter does not control over   a contract with a governmental entity to provide services for   incident management towing, as defined by Section 2308.002.          SECTION 1.04.  Section 2303.051, Occupations Code, is   amended to read as follows:          Sec. 2303.051.  GENERAL POWERS AND DUTIES [RULEMAKING:   LICENSE REQUIREMENTS]. The executive director or commission, as   appropriate, may take action necessary to administer and enforce   [shall adopt rules that:                [(1)     establish the requirements for a person to be   licensed to operate a vehicle storage facility to ensure that the   facility maintains adequate standards for the care of stored   vehicles;                [(2)     relate to the administrative sanctions that may   be imposed on a person licensed under this chapter;                [(3)  govern the administration of] this chapter.          SECTION 1.05.  Subchapter B, Chapter 2303, Occupations Code,   is amended by adding Section 2303.0511 to read as follows:          Sec. 2303.0511.  RULES; DENIAL OF CERTAIN APPLICATIONS;   STANDARDS OF CONDUCT. (a) The commission shall adopt rules for the   licensing of a person to operate a vehicle storage facility.          (b)  The commission shall adopt rules for the denial of a   license application if the applicant, a partner, principal,   officer, or general manager of the applicant, or another potential   license holder of the license for which the application is made has:                (1)  before the date of the application, been convicted   of or has pleaded guilty or nolo contendere to:                      (A)  a felony; or                      (B)  a misdemeanor punishable by confinement in   jail or by a fine in an amount that exceeds $500;                (2)  violated an order of the commission or executive   director, including an order for sanctions or administrative   penalties;                (3)  failed to submit a license fee or permit bond in an   amount established by the commission; or                (4)  knowingly submitted false or incomplete   information on the application.          (c)  The commission by rule shall adopt standards of conduct   for license holders under this chapter.          SECTION 1.06.  The heading to Section 2303.053, Occupations   Code, is amended to read as follows:          Sec. 2303.053.  RULES REGARDING PAYMENT OF FEE TO   DEPARTMENT.          SECTION 1.07.  Section 2303.053(a), Occupations Code, is   amended to read as follows:          (a)  The commission may adopt rules regarding the method of   payment of a fee to the department under this chapter.          SECTION 1.08.  The heading to Section 2303.056, Occupations   Code, is amended to read as follows:          Sec. 2303.056.  PERIODIC [AND RISK-BASED] INSPECTIONS.          SECTION 1.09.  Section 2303.058, Occupations Code, is   amended to read as follows:          Sec. 2303.058.  ADVISORY BOARD. The Towing and [,]   Storage[, and Booting] Advisory Board under Chapter 2308 shall   advise the commission in adopting vehicle storage rules under this   chapter.          SECTION 1.10.  Section 2303.103, Occupations Code, is   amended to read as follows:          Sec. 2303.103.  ELIGIBILITY. The department shall approve   an application submitted as provided by Section 2303.102 unless   [the department determines that:                [(1)     the applicant knowingly supplied false or   incomplete information on the application;                [(2)     in the three years preceding the date of   application, the applicant, a partner, principal, or officer of the   applicant, or the general manager of the applicant, was convicted   of:                      [(A)  a felony; or                      [(B)     a misdemeanor punishable by confinement in   jail or by a fine exceeding $500; or                [(3)]  the vehicle storage facility for which the   license is sought does not meet the standards for storage   facilities established by commission rules.          SECTION 1.11.  Section 2303.104(b), Occupations Code, is   amended to read as follows:          (b)  The notice must state the reason for the department's   decision and that the applicant is entitled to a hearing before the   State Office of Administrative Hearings under Section 51.354   [department under Subchapter E].          SECTION 1.12.  Sections 2303.151(a), (d), and (e),   Occupations Code, are amended to read as follows:          (a)  The operator of a vehicle storage facility who receives   a vehicle that is registered in this state and that is towed to the   facility for storage shall send a written notice to the registered   owner and each [the primary] lienholder of the vehicle not later   than the fifth day after the date but not earlier than 24 hours   after the date the operator receives the vehicle.  If the operator   of a vehicle storage facility sends the notice outside of the time   period described by this subsection or Subsection (b), the ability   of the operator to seek foreclosure of a lien on the vehicle for   storage charges is not affected.          (d)  A notice under this section must:                (1)  be correctly addressed;                (2)  be sent with [carry] sufficient postage attached   or paid; and                (3)  be sent:                      (A)  by certified mail, return receipt requested;   or                      (B)  by electronic certified mail, electronic   return receipt with electronic delivery confirmation requested.          (e)  A notice under this section is considered to have been:                (1)  given on:                      (A)  the date indicated on the postmark; or                      (B)  the electronic filing date acknowledged by an   electronic audit trail by the United States Postal Service or its   agent; and                (2)  [to be] timely filed if:                      (A) [(1)]  the postmark or electronic filing date   indicates that the notice was mailed within the period described by   Subsection (a) or (b), as applicable; or                      (B) [(2)]  the notice was published as provided by   Section 2303.152.          SECTION 1.13.  Section 2303.1511(a), Occupations Code, is   amended to read as follows:          (a)  A vehicle storage facility accepting a vehicle that is   towed under Chapter 2308 [this chapter] shall, within two hours   after receiving the vehicle, report to the local law enforcement   agency with jurisdiction over the area from which the vehicle was   towed:                (1)  a general description of the vehicle;                (2)  the state and number of the vehicle's license   plate, if any;                (3)  the vehicle identification number of the vehicle,   if it can be ascertained;                (4)  the location from which the vehicle was towed; and                (5)  the name and location of the vehicle storage   facility where the vehicle is being stored.          SECTION 1.14.  Sections 2303.152(a), (b), and (e),   Occupations Code, are amended to read as follows:          (a)  Notice to the registered owner and each recorded [the   primary] lienholder of a vehicle towed to a vehicle storage   facility may be provided by publication in a newspaper of general   circulation in the county in which the vehicle is stored if:                (1)  the vehicle is registered in another state;                (2)  the operator of the storage facility submits to   the governmental entity with which the vehicle is registered a   written request, including an electronic request, for information   relating to the identity of the registered owner and each recorded   [any] lienholder [of record];                (3)  the identity of the registered owner cannot be   determined;                (4)  the registration does not contain an address for   the registered owner; or                (5)  the operator of the storage facility cannot   reasonably determine the identity and address of each recorded   lienholder.          (b)  The written or electronic request must:                (1)  be correctly addressed;                (2)  be sent with [carry] sufficient postage attached   or paid; and                (3)  be sent:                      (A)  by certified mail, return receipt requested;   or                      (B)  by electronic certified mail, electronic   return receipt with electronic delivery confirmation requested.          (e)  Notice to the registered owner and each recorded [the   primary] lienholder of a vehicle towed to a vehicle storage   facility may be provided by publication in a newspaper of general   circulation in the county in which the vehicle is stored if:                (1)  the vehicle does not display a license plate or a   vehicle inspection certificate indicating the state of   registration;                (2)  the identity of the registered owner cannot   reasonably be determined by the operator of the storage facility;   or                (3)  the operator of the storage facility cannot   reasonably determine the identity and address of each recorded    lienholder.          SECTION 1.15.  Section 2303.154, Occupations Code, is   amended to read as follows:          Sec. 2303.154.  SECOND NOTICE; CONSENT TO SALE. (a) [If a   vehicle is not claimed by a person permitted to claim the vehicle or   a law enforcement agency has not taken an action in response to a   notice under Section 683.031(c), Transportation Code, before the   15th day after the date notice is mailed or published under Section   2303.151 or 2303.152, the operator of the vehicle storage facility   shall send a second notice to the registered owner and the primary   lienholder of the vehicle.          [(a-1)]  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 [send notice   of] abandonment to the [a] law enforcement agency. If the law   enforcement agency notifies the vehicle storage facility that the   agency will send notices and dispose of abandoned vehicles under   Subchapter B, Chapter 683, Transportation Code, the vehicle storage   facility shall pay the fee required under Section 683.031,   Transportation Code.          (b)  Not earlier than the 15th day after the date notice is   mailed or published under Section 2303.151 or 2303.152, the   operator of a vehicle storage facility shall send a second notice to   the registered owner and each recorded lienholder of the vehicle if   the facility:                (1)  was not required to make a report under Subsection   (a); or                (2)  has made a required report under Subsection (a)   and the law enforcement agency:                      (A)  has notified the facility that the law   enforcement agency will not take custody of the vehicle;                      (B)  has not taken custody of the vehicle; or                      (C)  has not responded to the report.          (c)  Notice under this section must be sent by certified   mail, return receipt requested, or electronic certified mail,   electronic return receipt with electronic delivery confirmation   requested, and include:                (1)  the information listed in Section 2303.153(a);                (2)  a statement of the right of the facility to dispose   of the vehicle under Section 2303.157; and                (3)  a statement that the failure of the owner or   lienholder to claim the vehicle before the 30th day after the date   the notice is provided is:                      (A)  a waiver by that person of all right, title,   or interest in the vehicle; and                      (B)  a consent to the sale of the vehicle at a   public sale.          (d) [(c)]  Notwithstanding Subsection (c) [(b)], if   publication is required for notice under this section, the notice   must include:                (1)  the information listed in Section 2303.153(b); and                (2)  a statement that the failure of the owner or   lienholder to claim the vehicle before the date of sale is:                      (A)  a waiver of all right, title, and interest in   the vehicle; and                      (B)  a consent to the sale of the vehicle at a   public sale.          SECTION 1.16.  Sections 2303.1545(b) and (c), Occupations   Code, are amended to read as follows:          (b)  The facility shall, if required by the agency, [may:                [(1)     notify the department that notices under Chapter   683, Transportation Code, have been provided and shall pay a fee of   $10 to the department; or                [(2)  in the alternative,] notify the appropriate law   enforcement agency and pay a fee of $10 to that agency.          (c)  A law enforcement agency described by Subsection (b)    [(b)(2)] may sign a document issued by the department.          SECTION 1.17.  Section 2303.155, Occupations Code, is   amended by amending Subsections (a), (b), and (c) and adding   Subsection (h) to read as follows:          (a)  For the purposes of this section, "governmental vehicle   storage facility" means a garage, parking lot, or other facility   that is:                (1) [(A)]  owned by a governmental entity; and                (2) [(B)]  used to store or park at least 10 vehicles   each year.          (b)  The operator of a vehicle storage facility or   governmental vehicle storage facility may charge the owner of a   vehicle stored or parked at the facility:                (1)  a notification fee set in a reasonable amount for   providing notice under this subchapter, including notice under   Section 2303.154(d) [2303.154(c)];                (2)  an impoundment fee of $20, subject to Subsection   (h), for any action that:                      (A)  is taken by or at the direction of the owner   or operator of the facility; and                      (B)  is necessary to preserve, protect, or service   a vehicle stored or parked at the facility;                (3)  a daily storage fee, subject to Subsection (h),   of:                      (A)  not less than $5 and not more than $20 for   each day or part of a day the vehicle is stored at the facility if   the vehicle is not longer than 25 feet; or                      (B)  $35 for each day or part of a day the vehicle   is stored at the facility if the vehicle is longer than 25 feet; and                (4)  any fee that is required to be submitted to a law   enforcement agency, the agency's authorized agent, or a   governmental entity[; and                [(5)     a fee in an amount set by the commission for the   remediation, recovery, or capture of an environmental or biological   hazard].          (c)  Subject to Subsection (h), a [A] notification fee under   Subsection (b) may not exceed $50, except that if notice by   publication is required by this chapter and the cost of publication   exceeds 50 percent of the notification fee, the vehicle storage   facility may recover the additional amount of the cost of   publication from the vehicle owner or agent.          (h)  Not later than September 1 of each even-numbered year,   the commission shall review and by rule adjust as necessary as   determined by the review the amount that a vehicle storage facility   operator may charge the owner or operator of a vehicle stored at the   facility:                (1)  as a notification fee under Subsection (b)(1);                (2)  as an impoundment fee under Subsection (b)(2); and                (3)  as a daily storage fee under Subsection (b)(3).          SECTION 1.18.  Section 2303.1551, Occupations Code, is   amended to read as follows:          Sec. 2303.1551.  REQUIRED POSTING OR DISPLAY. (a) All   storage fees shall be posted or electronically displayed at the   licensed vehicle storage facility [to which the motor vehicle has   been delivered and shall be posted] in view of a [the] person   claiming a [who claims the] vehicle.          (b)  A vehicle storage facility accepting a nonconsent towed   vehicle shall post a sign that complies with commission rules and   states [in one inch letters stating] "Nonconsent tow fees schedules   available on request."  The vehicle storage facility shall provide   a copy of a nonconsent towing fees schedule on request.  The   commission shall adopt rules for signs required under this   subsection.          SECTION 1.19.  Section 2303.157, Occupations Code, is   amended by amending Subsections (a) and (b) and adding Subsections   (a-1) and (b-1) to read as follows:          (a)  The operator of a vehicle storage facility may dispose   of a vehicle for which the second notice is given under Section   2303.154(b) or (d) [2303.154] if, before the 30th day after the date   notice is mailed or published, the vehicle is not:                (1)  claimed by a person entitled to claim the vehicle;   or                (2)  taken into custody by a law enforcement agency   under Chapter 683, Transportation Code.          (a-1)  If the vehicle is not claimed by a person entitled to   claim the vehicle within the period described by Subsection (a),   the owner or any lienholder:                (1)  waives all rights and interests in the vehicle;   and                (2)  consents to the sale of the vehicle at a public   sale.          (b)  An operator entitled to dispose of a vehicle under this   section may sell the vehicle at a public sale without obtaining a   release or discharge of any lien on the vehicle, regardless of   whether notice was provided by mail or by publication under this   chapter. The proceeds from the sale of the vehicle shall be applied   to the charges incurred for the vehicle under Section 2303.155, any   fee authorized under Section 2308.2065, and the cost of the public   sale. The operator shall pay any excess proceeds to the person   entitled to those proceeds.          (b-1)  The purchaser of an abandoned vehicle under this   section:                (1)  takes title to the vehicle free and clear of all   liens and claims of ownership;                (2)  shall receive an auction sales receipt from the   vehicle storage facility; and                (3)  is entitled to register the vehicle and receive a   certificate of title under Chapter 501, Transportation Code, or   Chapter 31, Parks and Wildlife Code, as applicable.          SECTION 1.20.  Sections 2303.159(a) and (a-1), Occupations   Code, are amended to read as follows:          (a)  The operator of a vehicle storage facility shall accept   each of the following forms of payment for any charge associated   with delivery or storage of a vehicle:                (1)  cash;                (2)  debit card; and                (3)  credit card, if the credit card is issued by:                      (A)  a financial institution chartered by a state   or the federal government; or                      (B)  a nationally recognized credit organization   approved by the department.          (a-1)  The operator of a vehicle storage facility shall   conspicuously post or electronically display a sign that states:   "This vehicle storage facility must accept payment by cash, credit   card, and debit card for any fee or charge associated with delivery   or storage of a vehicle." The operator of a vehicle storage   facility may not refuse to release a vehicle based on the inability   of the facility to accept payment by debit card or credit card of a   fee or charge associated with delivery or storage of the vehicle   unless the operator, through no fault of the operator, is unable to   accept the debit card or credit card because of a power outage or a   machine malfunction.          SECTION 1.21.  The heading to Section 2303.160, Occupations   Code, is amended to read as follows:          Sec. 2303.160.  RELEASE OF VEHICLE TO VEHICLE OWNER OR   OPERATOR [VEHICLES].          SECTION 1.22.  Sections 2303.160(b) and (c), Occupations   Code, are amended to read as follows:          (b)  A vehicle storage facility shall release a vehicle to an   owner of the vehicle if the owner:                (1)  presents:                       (A)  valid photo identification issued by this   state, another state, a federal agency, or a foreign government;   and                      (B)  proof of ownership or right of possession or   control of vehicle, including [must accept] evidence of financial   responsibility[, as] required by Section 601.051, Transportation   Code; and                (2)  pays the fees and charges for services regulated   under this chapter and Chapter 2308, including charges for an   incident management tow, as defined by Section 2308.002 [, as an   additional form of identification that establishes ownership or   right of possession or control of the vehicle].          (c)  A [Subsection (b) does not require a] vehicle storage   facility may require other documentation as required by a municipal   ordinance, law enforcement agency, or governmental agency under   which the tow was authorized [to release a vehicle to the owner or   operator of the vehicle if the owner or operator of the vehicle does   not:                [(1)     pay the charges for services regulated under this   chapter or Chapter 2308, including charges for an incident   management tow, as defined by Section 2308.002; and                [(2)     present valid photo identification issued by this   state, another state, a federal agency, or a foreign government].          SECTION 1.23.  Subchapter D, Chapter 2303, Occupations Code,   is amended by adding Section 2303.1601 to read as follows:          Sec. 2303.1601.  ACCEPTANCE OF VEHICLES FROM AND RELEASE OF   VEHICLES TO LICENSED TOWING OPERATORS. (a) A vehicle storage   facility may accept towed vehicles only from licensed towing   operators.          (b)  A vehicle storage facility is required to release a   vehicle to a towing operator only if:                (1)  the towing operator is licensed under Chapter   2308; and                (2)  the release occurs between 8 a.m. and 6 p.m. on a   weekday.          SECTION 1.24.  Chapter 2303, Occupations Code, is amended by   adding Subchapter E to read as follows:   SUBCHAPTER E. RIGHTS OF OWNERS AND OPERATORS OF STORED VEHICLES          Sec. 2303.201.  NOTICE TO VEHICLE OWNER OR OPERATOR. (a) At   the time an owner or operator of a vehicle pays the costs of the   vehicle's towing, storage, and recovery, the vehicle storage   facility that received the payment shall, unless a hearing   regarding the vehicle's storage and towing has been held under   Subchapter J, Chapter 2308, give the owner or operator written   notice of the person's rights under this chapter and Chapter 2308.          (b)  The operator of a vehicle storage facility that sends a   notice under Subchapter D shall include with that notice a notice of   the person's rights under this chapter and Chapter 2308.          (c)  A vehicle storage facility that fails to furnish to the   owner or operator of the vehicle at the time of payment the name,   address, and telephone number of the parking facility owner or law   enforcement agency that authorized the towing of the vehicle is   liable for the costs of the vehicle's storage if the court, after a   hearing, does not find probable cause for the towing and storage of   the vehicle.          Sec. 2303.202.  CONTENTS OF NOTICE.  The notice under   Section 2303.201 must include:                (1)  a statement of:                      (A)  the vehicle owner's right to submit a request   within 14 days for a court hearing to determine whether probable   cause existed to tow the vehicle;                      (B)  the information that a request for a hearing   must contain;                      (C)  the amount of any filing fee for the hearing;   and                      (D)  the vehicle owner's right to request a   hearing in any justice court in the county from which the vehicle   was towed;                (2)  the name, address, and telephone number of the   towing company that towed the vehicle;                (3)  the name, address, telephone number, and county of   the vehicle storage facility in which the vehicle is stored;                (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 of the   vehicle; and                (5)  either:                      (A)  the name, address, and telephone number of   each justice court in the county from which the vehicle was towed;   or                      (B)  the 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.          Sec. 2303.203.  HEARING. A hearing referenced in a notice   given under this subchapter is governed by Subchapter J, Chapter   2308.          SECTION 1.25.  Section 2303.302(a), Occupations Code, is   amended to read as follows:          (a)  A person commits an offense if the person [:                [(1)]  violates the licensing requirements of this   chapter [; or                [(2)     employs an individual who does not hold an   appropriate license required by this chapter].          SECTION 1.26.  Sections 2308.002(1), (11), (14), (15), and   (16), Occupations Code, are amended to read as follows:                (1)  "Advisory board" means the Towing and [,] Storage   [, and Booting] Advisory Board.                (11)  "Tow truck" means a motor vehicle, including a   wrecker, equipped with a mechanical device used to tow, winch, or   otherwise move another motor vehicle. The term does not include:                      (A)  a motor vehicle owned and operated by a   governmental entity, including a public school district;                      (B)  a motor vehicle towing:                            (i)  a race car;                            (ii)  a motor vehicle for exhibition; or                            (iii)  an antique motor vehicle;                      (C)  a recreational vehicle towing another   vehicle;                      (D)  a motor vehicle used in combination with a   tow bar, tow dolly, or other mechanical device if the vehicle is not   operated in the furtherance of a commercial enterprise;                      (E)  a motor vehicle that is controlled or   operated by a farmer or rancher and used for towing a farm vehicle;                      (F)  a motor vehicle that:                            (i)  is owned or operated by an entity the   primary business of which is the rental of motor vehicles; and                            (ii)  only tows vehicles rented by the   entity;                      (G)  a truck-trailer combination that is owned or   operated by a dealer licensed under Chapter 2301 and used to   transport new vehicles during the normal course of a documented   transaction in which the dealer is a party and ownership or the   right of possession of the transported vehicle is conveyed or   transferred; or                      (H)  a car hauler that is:                            (i)  designed to transport three or more   motor vehicles at the same time; and                            (ii) used solely to transport, other than in   a consent or nonconsent tow, motor vehicles as cargo in the course   of a prearranged shipping transaction or for use in mining,   drilling, or construction operations.                (14)  "Vehicle" has the meaning assigned by Section   2303.002 [means a device in, on, or by which a person or property   may be transported on a public roadway.     The term includes an   operable or inoperable automobile, truck, motorcycle, recreational   vehicle, or trailer but does not include a device moved by human   power or used exclusively on a stationary rail or track].                (15)  "Vehicle owner" means a person:                      (A)  named as the purchaser or transferee in the   certificate of title issued for the vehicle under Chapter 501,   Transportation Code, or Chapter 31, Parks and Wildlife Code, as   applicable;                      (B)  in whose name the vehicle is titled   [registered] under Chapter 501 [502], Transportation Code, or   Chapter 31, Parks and Wildlife Code, as applicable, or a member of   the person's immediate family;                      (C)  who holds the vehicle through a lease   agreement;                      (D)  who is an unrecorded lienholder entitled to   possess the vehicle under the terms of a chattel mortgage; or                      (E)  who is a lienholder holding an affidavit of   repossession and entitled to repossess the vehicle.                (16)  "Vehicle storage facility" has the meaning   assigned by [means a vehicle storage facility, as defined by]   Section 2303.002 [, that is operated by a person who holds a license   issued under Chapter 2303 to operate the facility].          SECTION 1.27.  Subchapter A, Chapter 2308, Occupations Code,   is amended by adding Section 2308.005 to read as follows:          Sec. 2308.005.  MUNICIPAL LAW OR GOVERNMENTAL CONTRACT   CONTROLS.  Unless specifically provided otherwise, this chapter   does not control over a contract with a governmental entity to   provide incident management tow service.          SECTION 1.28.  The heading to Subchapter B, Chapter 2308,   Occupations Code, is amended to read as follows:   SUBCHAPTER B. ADVISORY BOARD; POWERS AND DUTIES OF DEPARTMENT AND   COMMISSION          SECTION 1.29.  The heading to Section 2308.051, Occupations   Code, is amended to read as follows:          Sec. 2308.051.  TOWING AND [,] STORAGE [, AND BOOTING]   ADVISORY BOARD.          SECTION 1.30.  Section 2308.051(a), Occupations Code, as   amended by Chapters 457 (H.B. 2548) and 845 (S.B. 2153), Acts of the   81st Legislature, Regular Session, 2009, is reenacted and amended   to read as follows:          (a)  The advisory board consists of the following members   appointed by the presiding officer of the commission with the   approval of the commission:                (1)  one representative of a towing company operating   in a county with a population of less than one million;                (2)  one representative of a towing company operating   in a county with a population of one million or more;                (3)  one representative [owner] of a vehicle storage   facility located in a county with a population of less than one   million;                (4)  one representative [owner] of a vehicle storage   facility located in a county with a population of one million or   more;                (5)  one parking facility representative [owner];                (6)  one peace officer [law enforcement officer] from a   county with a population of less than one million;                (7)  one peace officer [law enforcement officer] from a   county with a population of one million or more;                (8)  one representative of a member insurer, as defined   by Section 462.004, Insurance Code, of the Texas Property and   Casualty Insurance Guaranty Association who writes [property and   casualty insurers who write] automobile insurance in this state;   and                [(9)  one representative of a booting company]                (9)  one person who operates both a towing company and a   vehicle storage facility [public member].          SECTION 1.31.  Section 2308.057(a), Occupations Code, is   amended to read as follows:          (a)  The commission shall adopt rules for permitting tow   trucks and licensing towing operators and [,] towing companies [,   booting companies, and boot operators].  The commission may adopt   different rules applicable to each type of permit or license.          SECTION 1.32.  Section 2308.059, Occupations Code, is   amended to read as follows:          Sec. 2308.059.  PERIODIC [AND RISK-BASED] INSPECTIONS.  (a)     The department may enter and inspect at any time during business   hours:                (1)  the place of business of any person regulated   under this chapter; or                (2)  any place in which the department has reasonable   cause to believe that a license or permit holder is in violation of   this chapter or in violation of a rule or order of the commission or   executive director.          (b)  [The department shall conduct additional inspections   based on a schedule of risk-based inspections using the following   criteria:                [(1)     the type and nature of the towing company or   operator;                [(2)  the inspection history;                [(3)     any history of complaints involving the towing   company or operator; and                [(4)     any other factor determined by the commission by   rule.          [(c)     The towing company shall pay a fee for each risk-based   inspection performed under this section.   The commission by rule   shall set the amount of the fee.          [(d)]  In conducting an inspection under this section, the   department may inspect a vehicle, a facility, business records, or   any other place or thing reasonably required to enforce this   chapter or a rule or order adopted under this chapter.          SECTION 1.33.  Subchapter B, Chapter 2308, Occupations Code,   is amended by adding Section 2308.062 to read as follows:          Sec. 2308.062.  CONTINUING EDUCATION PROGRAMS. (a) The   commission by rule shall recognize, prepare, or administer   continuing education programs for license holders.          (b)  A person recognized by the commission to offer a   continuing education program must:                (1)  register with the department; and                (2)  comply with rules adopted by the commission   relating to continuing education.          SECTION 1.34.  The heading to Subchapter C, Chapter 2308,   Occupations Code, is amended to read as follows:   SUBCHAPTER C. GENERAL [TOW TRUCK] PERMIT PROVISIONS [REQUIREMENTS]          SECTION 1.35.  Section 2308.101, Occupations Code, is   amended to read as follows:          Sec. 2308.101.  PERMIT REQUIRED. A tow truck may not be used   for consent towing or nonconsent towing on a public roadway in this   state unless an appropriate permit has been issued for the tow truck   under this chapter [subchapter].  Each tow truck requires a   separate permit.          SECTION 1.36.  Section 2308.102(a), Occupations Code, is   amended to read as follows:          (a)  An applicant for a permit under this chapter   [subchapter] must submit to the department:                (1)  a completed application on a form prescribed by   the executive director;                (2)  evidence of insurance or financial responsibility   required under this chapter [subchapter];                (3)  the required fees; and                (4)  any other information required by the executive   director.          SECTION 1.37.  Section 2308.106(a), Occupations Code, is   amended to read as follows:          (a)  The department shall issue a permit under this chapter   [subchapter] to an applicant who meets the requirements for a   permit.  The department may deny an application if the applicant has   had a permit revoked under this chapter.          SECTION 1.38.  Sections 2308.108(b) and (e), Occupations   Code, are amended to read as follows:          (b)  The department shall issue a cab card when the   department issues or renews a permit under this chapter   [subchapter].          (e)  If the department determines that the cab card system   described by Subsections (a) through (c) is not an efficient means   of enforcing this chapter [subchapter], the commission [executive   director] by rule may adopt an alternative method that is   accessible by law enforcement personnel in the field and provides   for the enforcement of the permit requirements of this chapter   [subchapter].          SECTION 1.39.  Section 2308.109(b), Occupations Code, is   amended to read as follows:          (b)  The information required to be displayed must be:                (1)  printed in letters and numbers that are in a size   and [at least two inches high and in a] color that comply with   commission rules [contrasts with the color of the background   surface]; and                (2)  permanently affixed in conspicuous places on both   sides of the tow truck.          SECTION 1.40.  Sections 2308.110(a) and (c), Occupations   Code, are amended to read as follows:          (a)  A permit holder shall maintain liability insurance for   each tow truck according to the requirements under this chapter   [subchapter].          (c)  An applicant or permit holder must file with the   department evidence of insurance as required by this chapter   [subchapter].          SECTION 1.41.  The heading to Subchapter D, Chapter 2308,   Occupations Code, is amended to read as follows:   SUBCHAPTER D. GENERAL LICENSE PROVISIONS [REQUIREMENTS]          SECTION 1.42.  Section 2308.151, Occupations Code, is   amended to read as follows:          Sec. 2308.151.  LICENSE REQUIRED. Unless the person holds   an appropriate license under this chapter [subchapter], a person   may not:                (1)  perform towing operations; or                (2)  operate a towing company [;                [(3)  perform booting operations; or                [(4)  operate a booting company].          SECTION 1.43.  Section 2308.152, Occupations Code, is   amended to read as follows:          Sec. 2308.152.  GENERAL LICENSE APPLICATION REQUIREMENTS.   An applicant for a license under this chapter [subchapter] must   submit to the department:                (1)  a completed application on a form prescribed by   the executive director;                (2)  the required fees; and                (3)  any other information required by commission rule.          SECTION 1.44.  Section 2308.156, Occupations Code, is   amended to read as follows:          Sec. 2308.156.  NONTRANSFERABILITY OF LICENSE. (a) A   license issued by the executive director is valid throughout this   state and is not transferable.          (b)  Notwithstanding Subsection (a), if the holder of a   towing company license issued under this chapter dies or is   disabled, the commission may transfer the license to a member of the   license holder's family in accordance with commission rule.          SECTION 1.45.  Section 2308.158, Occupations Code, is   amended to read as follows:          Sec. 2308.158.  ALCOHOL AND DRUG TESTING OF TOWING   OPERATORS. (a) A towing company shall establish an alcohol and   drug testing policy for towing operators.  A towing company that   establishes an alcohol and drug testing policy under this   subsection may adopt:                (1)  the model alcohol and drug testing policy adopted   by the commission;                (2)  [or may use] another alcohol and drug testing   policy that the department determines is at least as stringent as   the policy adopted by the commission; or                (3)  the alcohol and drug testing policy prescribed by   49 C.F.R. Part 40.          (b)  The commission by rule shall adopt a model alcohol and   drug testing policy for use by a towing company.  The model alcohol   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 [:                [(1)     require at least one scheduled drug test each   year for each towing operator; and                [(2)]  authorize random, unannounced alcohol and drug   testing for towing operators.          SECTION 1.46.  Section 2308.159(a), Occupations Code, is   amended to read as follows:          (a)  A license issued under this chapter [subchapter] is   valid for one year.  The department may adopt a system under which   licenses expire at different times during the year.          SECTION 1.47.  Chapter 2308, Occupations Code, is amended by   adding Subchapters D-1, D-2, and D-3 to read as follows:   SUBCHAPTER D-1. INCIDENT MANAGEMENT TOWING          Sec. 2308.161.  REQUIREMENTS FOR INCIDENT MANAGEMENT TOWING   PERMIT. (a) An incident management towing permit is required for a   tow truck used to perform any nonconsent tow initiated by a peace   officer, including a tow authorized under Section 545.3051,   Transportation Code.          (b)  To be eligible for an incident management towing permit,   an applicant must submit evidence that:                (1)  the tow truck to be permitted is equipped to tow   light-duty or heavy-duty vehicles according to the manufacturer's   towing guidelines;                (2)  the applicant maintains at least $500,000 of   liability insurance coverage for the tow truck; and                (3)  the applicant maintains at least $50,000 of cargo   insurance coverage for the tow truck.          (c)  A tow truck permitted under this section may also be   used for private property towing and consent towing.          (d)  When a tow truck is used for a nonconsent tow initiated   by a peace officer under Section 545.3051, Transportation Code, the   permit holder is an agent of law enforcement and is subject to   Section 545.3051(e), Transportation Code.          Sec. 2308.162.  INCIDENT MANAGEMENT TOWING OPERATOR'S   LICENSE. (a) An incident management towing operator's license is   required to operate a tow truck permitted under Section 2308.161.          (b)  An applicant for an incident management towing   operator's license must:                (1)  hold a valid driver's license issued by a state in   the United States; and                (2)  be certified by a program approved by the   department.   SUBCHAPTER D-2. PRIVATE PROPERTY TOWING          Sec. 2308.171.  REQUIREMENTS FOR PRIVATE PROPERTY TOWING   PERMIT. (a) A private property towing permit is required for a tow   truck used to perform a nonconsent tow authorized by a parking   facility owner under this chapter.          (b)  To be eligible for a private property towing permit, an   applicant must submit evidence that:                (1)  the tow truck to be permitted is equipped to tow   light-duty or heavy-duty vehicles according to the manufacturer's   towing guidelines;                (2)  the applicant maintains at least $300,000 of   liability insurance coverage for the tow truck; and                (3)  the applicant maintains at least $50,000 of cargo   insurance coverage for the tow truck.          (c)  A tow truck permitted under this section may also be   used for consent towing.  A tow truck permitted under this section   may not be used for incident management towing.          Sec. 2308.172.  PRIVATE PROPERTY TOWING OPERATOR'S LICENSE.   (a) A private property towing operator's license is required to   operate a tow truck permitted under Section 2308.171.          (b)  An applicant for a private property towing operator's   license must:                (1)  hold a valid driver's license issued by a state in   the United States; and                (2)  be certified by a program approved by the   department.   SUBCHAPTER D-3. CONSENT TOWING          Sec. 2308.181.  REQUIREMENTS FOR CONSENT TOWING PERMIT. (a)   A consent towing permit is required for a tow truck used to perform   a consent tow authorized by the vehicle owner.          (b)  To be eligible for a consent towing permit, an applicant   must submit evidence that:                (1)  the tow truck to be permitted is equipped to tow   light-duty or heavy-duty vehicles according to the manufacturer's   towing guidelines; and                (2)  the applicant maintains at least $300,000 of   liability insurance coverage for the tow truck.          (c)  A tow truck permitted under this section may not be used   for nonconsent towing, including incident management towing and   private property towing.          Sec. 2308.182.  CONSENT TOWING OPERATOR'S LICENSE. (a) A   consent towing operator's license is required to operate a tow   truck permitted under Section 2308.181.          (b)  An applicant for a consent towing operator's license   must hold a valid driver's license issued by a state in the United   States.          SECTION 1.48.  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 1.49.  Section 2308.2085, Occupations Code, is   amended to read as follows:          Sec. 2308.2085.  LOCAL AUTHORITY REGULATION OF [MUNICIPAL   ORDINANCE REGULATING] BOOTING ACTIVITIES [COMPANIES AND   OPERATORS].  (a) A local authority [municipality] may regulate, in   areas in which the entity regulates parking or traffic, [adopt an   ordinance that is identical to the] booting activities, including:                (1)  operation of booting companies and operators that   operate on a parking facility;                (2)  any permit and sign requirements in connection   with the booting of a vehicle; and                (3)  [provisions in this chapter or that imposes   additional requirements that exceed the minimum standards of the   booting provisions in this chapter but may not adopt an ordinance   that conflicts with the booting provisions in this chapter.          [(b)  A municipality may regulate the] fees that may be   charged in connection with the booting of a vehicle [, including   associated parking fees].          (b)  Regulations adopted under this section must:                (1)  incorporate the requirements of Sections 2308.257   and 2308.258;                (2)  include procedures for vehicle owners and   operators to file a complaint with the local authority regarding a   booting company or operator;                (3)  provide for the imposition of a penalty on a   booting company or operator for a violation of Section 2308.258;   and                (4)  provide for the revocation of any permit, license,   or other authority of a booting company or operator to boot vehicles   if the company or operator violates Section 2308.258 more than   twice in a five-year period [(c) A municipality may require booting   companies to obtain a permit to operate in the municipality].          SECTION 1.50.  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 1.51.  Section 2308.255, Occupations Code, is   transferred to Subchapter I, Chapter 2308, Occupations Code,   redesignated as Section 2308.4011, Occupations Code, and amended to   read as follows:          Sec. 2308.4011  [2308.255].  TOWING COMPANY'S [OR BOOT   OPERATOR'S] AUTHORITY TO TOW [REMOVE AND STORE OR BOOT]   UNAUTHORIZED VEHICLE FROM PARKING FACILITY. (a)  A towing company   that is insured as provided by Subsection (c) may, without the   consent of an owner or operator of an unauthorized vehicle, tow   [remove and store] the vehicle to [at] a vehicle storage facility at   the expense of the owner or operator of the vehicle if:                (1)  the towing company has received written   verification from the parking facility owner that:                      (A)  the parking facility owner has installed the   signs required by Section 2308.252(a)(1); or                      (B)  the owner or operator received notice under   Section 2308.252(a)(2) or the parking facility owner gave notice   complying with Section 2308.252(a)(3); or                (2)  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;                      (B)  in or obstructing a portion of a paved   driveway; or                      (C)  on a public roadway used for entering or   exiting the facility and the removal is approved by a peace officer.          (b)  A towing company may not tow [remove] an unauthorized   vehicle except under:                (1)  this chapter;                (2)  a municipal ordinance that complies with Section   2308.208; or                (3)  the direction of a peace officer or the owner or   operator of the vehicle.          (c)  Only a towing company that is insured against liability   for property damage incurred in towing a vehicle may tow [remove and   store] an unauthorized vehicle under this section.          (d)  A towing company may tow [remove and store] a vehicle to   a licensed storage facility under Subsection (a) [and a boot   operator may boot a vehicle under Section 2308.257] only if the   parking facility owner:                (1)  requests that the towing company tow [remove and   store or that the boot operator boot] the specific vehicle; or                (2)  has a standing written agreement with the towing   company [or boot operator] to enforce parking restrictions in the   parking facility.          SECTION 1.52.  Subchapter F, Chapter 2308, Occupations Code,   is amended by adding Section 2308.258 to read as follows:          Sec. 2308.258.  BOOT REMOVAL. (a) A booting company   responsible for the installation of a boot on a vehicle shall remove   the boot not later than one hour after the time the owner or   operator of the vehicle contacts the company to request removal of   the boot.          (b)  A booting company shall waive the amount of the fee for   removal of a boot, excluding any associated parking fees, if the   company fails to have the boot removed within the time prescribed by   Subsection (a).          SECTION 1.53.  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"; or                (2) [(B)]  "Towing Enforced"[; or                      [(C)  "Booting Enforced"; and                [(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 1.54.  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 1.55.  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 1.56.  Section 2308.353(c), Occupations Code, is   amended to read as follows:          (c)  After signs have been posted under Subsection (b), the   parking facility owner may have [or] a towing company tow [may   remove] an unauthorized vehicle from the right-of-way subject to   the governmental entity's written permission given under   Subsection (a)(2).          SECTION 1.57.  Section 2308.354, Occupations Code, is   transferred to Subchapter E, Chapter 2308, Occupations Code,   redesignated as Section 2308.210, Occupations Code, and amended to   read as follows:          Sec. 2308.210 [2308.354].  AUTHORITY FOR TOWING [REMOVAL]   OF VEHICLE FROM PUBLIC ROADWAY. (a) Under an ordinance of a   municipality regulating the parking of vehicles in the   municipality, to aid in the enforcement of the ordinance, an   employee designated by the municipality may be authorized to:                (1)  immobilize a vehicle parked in the municipality;   and                (2)  tow [remove] an immobilized vehicle from a public   roadway in the municipality.          (b)  A parking facility owner or towing company may not tow    [remove] a vehicle from a public roadway except under:                (1)  this chapter or a municipal ordinance that   complies with Section 2308.208; or                (2)  the direction of a peace officer or the owner or   operator of the vehicle.          (c)  In addition to the authority granted under Subsection   (a) and to aid in the enforcement of an ordinance regulating the   parking of vehicles, a municipality with a population of 1.9   million or more may authorize a designated employee to request the   towing [removal] of a vehicle parked illegally in an area   designated as a tow-away zone in a residential area where on-street   parking is regulated by the ordinance.          (d)  Subsections (a) and (c) do not apply to a vehicle owned   by an electric, gas, water, or telecommunications utility while the   vehicle is parked for the purpose of conducting work on a facility   of the utility that is located below, above, or adjacent to the   street.          SECTION 1.58.  The heading to Subchapter I, Chapter 2308,   Occupations Code, is amended to read as follows:   SUBCHAPTER I. REGULATION OF TOWING COMPANIES [, BOOTING   COMPANIES,] AND PARKING FACILITY OWNERS          SECTION 1.59.  Section 2308.402, Occupations Code, is   amended to read as follows:          Sec. 2308.402.  TOWING COMPANY [AND BOOTING COMPANY]   PROHIBITED FROM FINANCIAL INVOLVEMENT WITH PARKING FACILITY OWNER.   (a) A towing company [or booting company] may not directly or   indirectly give anything of value to a parking facility owner in   connection with [:                [(1)]  the towing [removal] of a vehicle from a parking   facility [; or                [(2)  the booting of a vehicle in a parking facility].          (b)  A towing company [or booting company] may not have a   direct or indirect monetary interest in a parking facility [:                [(1)]  from which the towing company for compensation   tows [removes] unauthorized vehicles [; or                [(2)     in which the booting company for compensation   installs boots on unauthorized vehicles].          (c)  This section does not apply to a sign required under   Section 2308.301 provided by a towing [or booting] company to a   parking facility owner.          SECTION 1.60.  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 towing [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 1.61.  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]. (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 or [removal,]   storage[, or booting] of the vehicle; and                (2)  towing or [,] storage[, or booting] fees paid by   the owner or operator [assessed] in connection with the vehicle's   towing or [removal,] storage[, or booting].          (b)  A vehicle's owner or operator is not required to prove   negligence of a parking facility owner or[,] towing company [, or   booting company] to recover under Subsection (a).          (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 connection with the vehicle's [removal,]   towing or [,] storage[, or booting].          SECTION 1.62.  Section 2308.452, Occupations Code, is   amended to read as follows:          Sec. 2308.452.  RIGHT OF OWNER OR OPERATOR OF VEHICLE TO   HEARING. (a) The owner or operator of a vehicle that has been towed   to [removed and placed in] a vehicle storage facility [or booted]   without the consent of the owner or operator of the vehicle is   entitled to a hearing on whether probable cause existed for the tow   [removal and placement or booting].          (b)  In a hearing authorized by Subsection (a), a court may   determine only the issues described by Section 2308.458(c).          SECTION 1.63.  Section 2308.453, Occupations Code, is   amended to read as follows:          Sec. 2308.453.  JURISDICTION. A hearing under this 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 1.64.  Sections 2308.456(a), (b), and (c),   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 chapter must deliver a   written request for the hearing to the court before the 14th day   after the date the vehicle was towed and stored [removed and 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 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   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 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 E, 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.          SECTION 1.65.  Section 2308.458, Occupations Code, is   amended by amending Subsections (b), (c), and (e) and adding   Subsections (c-2), (c-3), (f), and (g) to read as follows:          (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.          (c)  The only issues in a hearing regarding a towed vehicle   under this chapter, at trial in a justice court or on appeal, 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 towing [removal or placement] of the vehicle   was [greater than the amount] authorized [by the political   subdivision] under Section 2308.2065 [2308.201 or 2308.202]; or                (3)  whether a storage [towing] charge imposed or   collected in connection with the storage [removal or placement] of   the vehicle in a vehicle storage facility was authorized or was   greater than the amount authorized under Chapter 2303 [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.          (e)  The court may award, at trial in a justice court or on   appeal, only:                (1)  court costs [and attorney's fees] to the   prevailing party;                (2)  the reasonable cost of photographs submitted under   Section 2308.456(b)(8) to a vehicle owner or operator who is the   prevailing party;                (3)  an amount equal to the amount by which [that] the   towing or storage charge [or booting removal charge and associated   parking fees] exceeded fees regulated by a political subdivision or   authorized by this code or by Chapter 2303; and                (4)  reimbursement of fees paid for vehicle towing   and[,] storage[, or removal of a boot].          (f)  In a hearing under this chapter, in a justice court or on   appeal, any issue of fact or law must be submitted to and determined   by the court.          (g)  In a hearing under this chapter, on appeal, the court   may not consider an issue or claim that was not presented or award   damages or relief that was not requested in justice court.          SECTION 1.66.  Subchapter J, Chapter 2308, Occupations Code,   is amended by adding Section 2308.4581 to read as follows:          Sec. 2308.4581.  PAYMENT OF COST OF TOWING AND STORAGE OF   VEHICLE. (a) If after a hearing held under this chapter the court   finds that a person or law enforcement agency authorized, with   probable cause, the towing and storage of a vehicle, the person who   requested the hearing shall pay the costs of the towing and storage.          (b)  If after a hearing held under this chapter the court   does not find that a person or law enforcement agency authorized,   with probable cause, the towing and storage of a vehicle, the towing   company, vehicle storage facility, parking facility owner, or law   enforcement agency that authorized the tow shall:                (1)  pay the costs of the towing and storage; or                (2)  reimburse the owner or operator for the cost of the   towing and storage paid by the owner or operator.          (c)  If after a hearing held under this chapter, regardless   of whether the court finds that there was probable cause for the   towing and storage of a vehicle, the court finds that the amount of   a towing or storage charge collected was not authorized by Section   2308.2065 or Chapter 2303, the towing company or vehicle storage   facility as applicable shall reimburse the owner or operator of the   vehicle an amount equal to the amount of the overcharge for towing   or storage.          SECTION 1.67.  Section 2308.459, Occupations Code, is   amended to read as follows:          Sec. 2308.459.  APPEAL. (a) An appeal from a hearing under   this 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.          (b)  If the party requesting the hearing does not participate   in the hearing, the party waives the right to an appeal under this   section.          SECTION 1.68.  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 or[,] 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 in excess of the amount   authorized [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 or[,] towing company[, or booting company].          SECTION 1.69.  Section 503.096(a), Transportation Code, is   amended to read as follows:          (a)  If a person is engaged in business as a dealer in   violation of Section 503.021, a peace officer may cause a vehicle   that is being offered for sale by the person to be towed from the   location where the vehicle is being offered for sale and stored at a   vehicle storage facility, as defined by Section 2303.002   [2308.002], Occupations Code.          SECTION 1.70.  Section 683.001(2), Transportation Code, is   amended to read as follows:                (2)  "Garagekeeper" means an owner or operator of a   storage facility or vehicle storage facility.          SECTION 1.71.  Section 683.003, Transportation Code, is   amended by adding Subsection (c) to read as follows:          (c)  To the extent of any conflict between this chapter and   Subchapters D and E, Chapter 2303, Occupations Code, those   subchapters control for a vehicle stored in a vehicle storage   facility.   ARTICLE 2. REPEALER          SECTION 2.01.  The following provisions of the Occupations   Code are repealed:                (1)  Sections 2303.056(c) and (d);                (2)  Sections 2303.1015 and 2303.1016;                (3)  Section 2303.161;                (4)  Section 2308.002(7-a);                (5)  Sections 2308.103, 2308.104, and 2308.105;                (6)  Sections 2308.1521, 2308.153, 2308.154, 2308.155,   2308.1551, 2308.1555, and 2308.1556;                (7)  Section 2308.253(g);                (8)  Sections 2308.2555 and 2308.2565;                (9)  Section 2308.451;                (10)  Sections 2308.454 and 2308.455; and                (11)  Sections 2308.458(b-2) and (c-1).   ARTICLE 3. TRANSITIONS; EFFECTIVE DATE          SECTION 3.01.  (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)  On the effective date of this Act, a license or permit   issued under former Section 2303.1015, 2303.1016, 2308.1521,   2308.1551, 2308.1555, or 2308.1556, Occupations Code, expires.          (d)  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.          (e)  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.          (f)  Sections 2303.004 and 2308.005, Occupations Code, as   added by this Act, apply only to a conflict between Chapter 2303 or   2308, Occupations Code, and 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.          (g)  Sections 2303.157(b), Occupations Code, as amended by   this Act, and 2303.157(b-1), Occupations Code, as added by this   Act, apply only to an abandoned vehicle purchased on or after the   effective date of this Act. An abandoned vehicle purchased before   the effective date of this Act is governed by the law in effect on   the date the vehicle was purchased, and the former law is continued   in effect for that purpose.          (h)  The changes in law made by this Act to Section   2308.051(a), Occupations Code, regarding the qualifications for a   member of the Towing and Storage Advisory Board do not affect the   entitlement of a member serving on the board immediately before the   effective date of this Act to continue to serve and function as a   member of the board for the remainder of the member's term. When   board vacancies occur on or after the effective date of this Act,   the presiding officer of the Texas Commission of Licensing and   Regulation shall appoint new members to the board in a manner that   reflects the changes in law made by this Act.          (i)  Section 2308.156(b), Occupations Code, as added by this   Act, applies only to the transfer of a license due to the death or   disability of a license holder on or after the effective date of   this Act. The transfer of a license due to the death or disability   of a license holder before the effective date of this Act is   governed by the law in effect on the date the license holder dies or   becomes disabled, and the former law is continued in effect for that   purpose.          (j)  The changes in law made by this Act to Section 2308.255,   Occupations Code, do not apply to the booting of a vehicle under a   standing written agreement between a booting company and a parking   facility owner entered into before the effective date of this Act.   The booting of a vehicle under a standing written agreement entered   into before the effective date of this Act is governed by the law as   it existed immediately before the effective date of this Act, and   that law is continued in effect for that purpose.          SECTION 3.02.  This Act takes effect September 1, 2017.