Bill Text: TX HB1568 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the authority of certain municipal employees to request the removal and storage of certain abandoned or illegally parked or operated vehicles.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2019-05-10 - Referred to Business & Commerce [HB1568 Detail]
Download: Texas-2019-HB1568-Introduced.html
86R8824 BEE-F | ||
By: Hernandez | H.B. No. 1568 |
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relating to the authority of certain municipal employees to request | ||
the removal and storage of certain abandoned or illegally parked or | ||
operated vehicles. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter D, Chapter 215, Local Government | ||
Code, is amended by adding Section 215.0731 to read as follows: | ||
Sec. 215.0731. AUTHORITY FOR REMOVAL AND STORAGE OF CERTAIN | ||
ILLEGALLY OPERATED VEHICLES FOR HIRE. Under an ordinance of a | ||
municipality regulating the operation of vehicles for hire in the | ||
municipality, including a regulation adopted by a municipality | ||
under Section 2402.003(b) or (c), Occupations Code, to aid in the | ||
enforcement of the ordinance: | ||
(1) the municipality may authorize a designated | ||
employee to request the removal of a vehicle operated in violation | ||
of the ordinance; and | ||
(2) a towing company may remove, and a vehicle storage | ||
facility may store, a vehicle requested to be removed by an employee | ||
under Subdivision (1) without authorization by a peace officer for | ||
the removal or storage. | ||
SECTION 2. Section 2308.354, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 2308.354. AUTHORITY FOR 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; | ||
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(2) remove an immobilized vehicle from a public | ||
roadway in the municipality; and | ||
(3) request the removal and storage of a vehicle that | ||
is located in an area where on-street parking is regulated by the | ||
ordinance and that: | ||
(A) is parked illegally; or | ||
(B) is parked legally and: | ||
(i) has been unattended for more than 48 | ||
hours; and | ||
(ii) the employee has reasonable grounds to | ||
believe is abandoned. | ||
(b) A parking facility owner or towing company may not | ||
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, a municipal | ||
employee under Subsection (a)(3), or the owner or operator of the | ||
vehicle. | ||
(c) Subsection [ |
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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 3. This Act takes effect September 1, 2019. |