85R6036 BEE-F     By: Kuempel 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; authorizing   fee increases.          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), (7), 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.                (7)  "Vehicle" means:                      (A)  a motor vehicle, semitrailer, or trailer, as   defined by Section 501.002, Transportation Code [for which the   issuance of a certificate of title is required under Chapter 501,   Transportation Code]; or                      (B)  a vessel, as defined by Section 31.003, Parks   and Wildlife Code [any other device designed to be self-propelled   or transported on a public highway].                (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 a vehicle stored [or   parked] at a vehicle storage facility as a result of a [with the]   consent tow, as defined by Section 2308.002, unless the vehicle was   towed from an incident management scene [of the owner of the   vehicle].          SECTION 1.03.  Subchapter A, Chapter 2303, Occupations Code,   is amended by adding Section 2303.004 to read as follows:          Sec. 2303.004.  MUNICIPAL LAW OR GOVERNMENTAL CONTRACT   CONTROLS. Unless specifically provided otherwise, this chapter   does not control over:                (1)  a municipal ordinance or charter; or                (2)  a contract with a governmental entity to provide   services for incident management towing, as defined by Section   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; or                (2)  the rules adopted under Section 2303.0511(b)   require that the application be denied.          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.          (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 [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 or on the Internet website   of 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 [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 or on the   Internet website of 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 report the [send notice of] abandonment to a law   enforcement agency with jurisdiction where the vehicle is located.   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 14th 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 has made a report under Subsection (a) and the law   enforcement agency:                (1)  has notified the facility that the law enforcement   agency will not take custody of the vehicle;                (2)  has not taken custody of the vehicle; or                (3)  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   recorded 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.  Section 2303.1545(b), Occupations Code, is   amended to read as follows:          (b)  The facility may:                (1)  notify the Texas Department of Motor Vehicles   [department] that notices under Chapter 683, Transportation Code,   have been provided and shall pay a fee of $10 to the Texas   Department of Motor Vehicles [department]; or                (2)  in the alternative, notify the appropriate law   enforcement agency and pay a fee of $10 to that agency if required   by the agency.          SECTION 1.17.  Section 2303.155, Occupations Code, is   amended by amending Subsection (a) and adding Subsections (h) and   (i) 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.          (h)  The commission shall biennially:                (1)  adjust fees under this section according to the   percentage increase or decrease, if any, in the Consumer Price   Index for Urban Wage Earners and Clerical Workers (CPI-W) published   by the Bureau of Labor Statistics of the United States Department of   Labor;                (2)  notify vehicle storage facilities licensed under   this chapter of the adjustment; and                (3)  allow a reasonable period for implementation of   the adjustment.          (i)  If a fee is decreased under Subsection (h), the operator   of a vehicle storage facility or governmental vehicle storage   facility shall begin charging the new fee amount on the effective   date of the decrease. If a fee is increased, the operator may begin   charging the new amount at any time on or after the effective date   of the increase.          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 or electronically display a sign in [one inch]   letters at least one inch high at the time of installation stating   "Nonconsent tow fees schedules available on request." The vehicle   storage facility shall provide a copy of a nonconsent towing fees   schedule on request.          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 recorded 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 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 VEHICLES TO VEHICLE OWNER.          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:                      (A)  is licensed under Chapter 2308; and                      (B)  has the vehicle owner's written consent to   the release of the vehicle, which may be in the form of an e-mail   from the owner; 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, Chapter 2308 of   this code, and Chapter 401, Property Code.          (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, Chapter 2308 of this code,   and Chapter 401, Property Code.          (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), (7), (8), (13), (14),   (15), and (16), Occupations Code, are amended to read as follows:                (1)  "Advisory board" means the Towing and [,] Storage   [, and Booting] Advisory Board.                (7)  "Parking facility" has the meaning assigned by   Section 401.002, Property Code [means public or private property   used, wholly or partly, for restricted or paid vehicle   parking.     The term includes:                      [(A)     a restricted space on a portion of an   otherwise unrestricted parking facility; and                      [(B)     a commercial parking lot, a parking garage,   and a parking area serving or adjacent to a business, church,   school, home that charges a fee for parking, apartment complex,   property governed by a property owners' association, or   government-owned property leased to a private person, including:                            [(i)     a portion of the right-of-way of a   public roadway that is leased by a governmental entity to the   parking facility owner; and                            [(ii)     the area between the facility's   property line abutting a county or municipal public roadway and the   center line of the roadway's drainage way or the curb of the   roadway, whichever is farther from the facility's property line].                (8)  "Parking facility owner" has the meaning assigned   by Section 401.002, Property Code [means:                      [(A)     an individual, corporation, partnership,   limited partnership, limited liability company, association,   trust, or other legal entity owning or operating a parking   facility;                      [(B)     a property owners' association having   control under a dedicatory instrument, as that term is defined in   Section 202.001, Property Code, over assigned or unassigned parking   areas; or                      [(C)     a property owner having an exclusive right   under a dedicatory instrument, as that term is defined in Section   202.001, Property Code, to use a parking space].                (13)  "Unauthorized vehicle" has the meaning assigned   by Section 401.002, Property Code [means a vehicle parked, stored,   or located on a parking facility without the consent of the parking   facility owner].                (14)  "Vehicle" means a:                      (A)  motor vehicle, as defined by Section 501.002,   Transportation Code; or                       (B)  vessel, as defined by Section 31.003, Parks   and Wildlife Code [device in, on, or by which a person or property   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:                (1)  a municipal ordinance or charter; or                (2)  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 owner of a vehicle storage facility located in   a county with a population of less than one million;                (4)  one owner of a vehicle storage facility located in   a county with a population of one million or more;                (5)  one parking facility owner;                (6)  one law enforcement officer from a county with a   population of less than one million;                (7)  one law enforcement officer from a county with a   population of one million or more;                (8)  one representative of property and casualty   insurers who write automobile insurance in this state; and                [(9)  one representative of a booting company]                (9)  one public member.          SECTION 1.31.  Section 2308.052, Occupations Code, is   amended by adding Subsection (d) to read as follows:          (d)  The presiding officer of the commission may remove a   member who is absent from two or more consecutive meetings of the   advisory board.          SECTION 1.32.  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 1.33.  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 1.34.  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, and 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 1.35.  The heading to Subchapter C, Chapter 2308,   Occupations Code, is amended to read as follows:   SUBCHAPTER C. GENERAL [TOW TRUCK] PERMIT PROVISIONS [REQUIREMENTS]          SECTION 1.36.  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 1.37.  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 1.38.  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 1.39.  Sections 2308.108(a), (b), and (e),   Occupations Code, are amended to read as follows:          (a)  The department shall issue a cab card for each tow truck   issued a permit.  The commission by rule shall prescribe the   contents of the cab card [must:                [(1)     show the permit number of the certificate issued   under Section 2308.106(b);                [(2)  show the type of permit issued;                [(3)  show the vehicle unit number;                [(4)  show the vehicle identification number; and                [(5)     contain a statement that the vehicle has been   issued a permit under this subchapter].          (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 1.40.  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, at the   time of initial application, at least two inches high and in a color   that contrasts with the color of the background surface; and                (2)  permanently affixed in conspicuous places on both   sides of the tow truck.          SECTION 1.41.  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 1.42.  The heading to Subchapter D, Chapter 2308,   Occupations Code, is amended to read as follows:   SUBCHAPTER D. GENERAL LICENSE PROVISIONS [REQUIREMENTS]          SECTION 1.43.  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 1.44.  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 1.45.  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   license issued under this chapter dies or is disabled, the   commission may transfer the license to a member of the license   holder's family.          SECTION 1.46.  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 1.47.  Sections 2308.159(a) and (c), Occupations   Code, are 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.          (c)  A license holder may renew a license issued under this   chapter by:                (1)  submitting an application on a form prescribed by   the executive director;                (2)  submitting evidence demonstrating compliance with   the requirements for the license type as required by this chapter or   commission rule;                (3)  paying a renewal fee; and                (4)  completing continuing education as required by   Section 2308.163, 2308.173, or 2308.183, as applicable [2308.157].          SECTION 1.48.  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.          Sec. 2308.163.  CONTINUING EDUCATION REQUIREMENTS FOR   INCIDENT MANAGEMENT TOWING OPERATOR. (a) To renew an incident   management towing operator's license for the first time, a license   holder must complete an eight-hour professional development course   relating to incident management towing that is approved and   administered by the department.          (b)  To renew an incident management towing operator's   license after the first renewal, a license holder must complete a   four-hour professional development course relating to incident   management towing that is approved and administered 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 or Chapter 401, Property Code.          (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.          Sec. 2308.173.  CONTINUING EDUCATION REQUIREMENTS FOR   PRIVATE PROPERTY TOWING OPERATOR. To renew a private property   towing operator's license, a license holder must complete a   four-hour professional development course relating to private   property towing that is approved and administered 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.          Sec. 2308.183.  CONTINUING EDUCATION REQUIREMENTS FOR   CONSENT TOWING OPERATOR. To renew a consent towing operator's   license, a license holder must complete a four-hour professional   development course relating to consent towing that is approved and   administered by the department.          SECTION 1.49.  Section 2308.201(d), Occupations Code, is   amended to read as follows:          (d)  A political subdivision may not require a person who   holds a driver's license or commercial driver's license to obtain a   license or permit for operating a tow truck unless the person   performs nonconsent tows in the territory of the political   subdivision. A fee charged for a license or permit may not exceed   $50 [$15].          SECTION 1.50.  The heading to Section 2308.205, Occupations   Code, is amended to read as follows:          Sec. 2308.205.  TOWING OF [STORAGE OF TOWED] VEHICLES TO   LICENSED VEHICLE STORAGE FACILITY.          SECTION 1.51.  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   that is greater than a fee:                      (A)  established under Section 2308.0575; or                      (B)  authorized by a political subdivision; or                (2)  [a fee] for an incident management [a nonconsent]   tow that is greater than a fee 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 service related to a private property tow   that is not included in the fees established under Section   2308.0575; or                (2)  for a service related to an incident management   tow that is not a fee authorized by a political subdivision.          SECTION 1.52.  Section 2308.2085(a), Occupations Code, is   amended to read as follows:          (a)  A municipality may adopt an ordinance regulating [that   is identical to the] booting companies and operators [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].          SECTION 1.53.  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 the conditions   for vehicle removal under Section 401.052, Property Code, are   satisfied[:                      [(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   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 remove and   store an unauthorized vehicle under this section.          [(d)]  A towing company may tow [remove and store] a vehicle   under Subsection (a) to a licensed vehicle storage facility [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 1.54.  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 1.55.  Sections 2308.353(b) and (c), Occupations   Code, are amended to read as follows:          (b)  A sign under Subsection (a)(2) must:                (1)  state that a vehicle parked in the right-of-way   may be towed at the expense of the owner or operator of the vehicle;                (2)  be placed facing the public roadway:                      (A)  on the parking facility owner's property not   more than two feet from the common boundary line; and                      (B)  at intervals so that no point in the boundary   line is less than 25 feet from a sign posted under this subsection;   and                (3)  in all other respects comply with Subchapter C,   Chapter 401, Property Code [G].          (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 1.56.  Section 2308.354, Occupations Code, is   transferred to Subchapter E, Chapter 2308, Occupations Code, and   redesignated as Section 2308.210, Occupations Code, to read as   follows:          Sec. 2308.210 [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;   and                (2)  remove an immobilized vehicle from a public   roadway in the municipality.          (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 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   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 1.57.  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 1.58.  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 401.101, Property Code, [2308.301] provided by a towing [or   booting] company to a parking facility owner.          SECTION 1.59.  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 CHAPTER. (a)   A towing company that[, booting company, or parking facility owner   who] violates this chapter is liable to the owner or operator of the   vehicle that is the subject of the violation for:                (1)  damages arising from the towing [removal, storage,   or booting] of the vehicle; and                (2)  towing [, storage, or booting] fees assessed in   connection with the vehicle's towing [removal, storage, or   booting].          (b)  A vehicle's owner or operator is not required to prove   negligence of a [parking facility owner,] towing company [, or   booting company] to recover under Subsection (a).          (c)  A towing company that[, booting company, or parking   facility owner who] intentionally, knowingly, or recklessly   violates this 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 assessed in the vehicle's [removal,]   towing [, storage, or booting].          SECTION 1.60.  Section 2308.452, Occupations Code, is   amended to read as follows:          Sec. 2308.452.  RIGHT OF OWNER OR OPERATOR OF VEHICLE TO   HEARING. 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].          SECTION 1.61.  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 1.62.  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 1.63.  Sections 2308.458(b), (c), and (e),   Occupations Code, are amended 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. 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 issues in a hearing regarding a towed vehicle under   this chapter are:                (1)  whether probable cause existed for the towing   [removal and placement] of the vehicle;                (2)  whether a towing charge imposed or collected in   connection with the 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].          (e)  The court may award:                (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].          SECTION 1.64.  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 subchapter 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 subchapter 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 subchapter,   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 1.65.  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 1.66.  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].   ARTICLE 2. PARKING FACILITIES AND PARKING FACILITY OWNERS          SECTION 2.01.  The Property Code is amended by adding Title   16 to read as follows:   TITLE 16. MISCELLANEOUS RIGHTS AND DUTIES OF PROPERTY OWNERS   CHAPTER 401. PARKING FACILITIES AND PARKING FACILITY OWNERS   SUBCHAPTER A. GENERAL PROVISIONS          Sec. 401.001.  SHORT TITLE. This chapter may be cited as the   Texas Parking Facility Act.          Sec. 401.002.  DEFINITIONS. In this chapter:                (1)  "Parking facility" means public or private   property used, wholly or partly, for restricted or paid vehicle   parking, including:                      (A)  a restricted space on a portion of an   otherwise unrestricted parking facility; and                      (B)  a commercial parking lot, a parking garage,   and a parking area serving or adjacent to a business, church,   school, home that charges a fee for parking, apartment complex,   property governed by a property owners' association, or   government-owned property leased to a private person, including:                            (i)  a portion of the right-of-way of a   public roadway that is leased by a governmental entity to the   parking facility owner; and                            (ii)  the area between the facility's   property line abutting a county or municipal public roadway and the   center line of the roadway's drainage way or the curb of the   roadway, whichever is farther from the facility's property line.                (2)  "Parking facility owner" means:                      (A)  an individual, corporation, partnership,   limited partnership, limited liability company, association,   trust, or other legal entity owning or operating a parking   facility;                      (B)  a property owners' association having   control under a dedicatory instrument, as that term is defined in   Section 202.001, over assigned or unassigned parking areas; or                      (C)  a property owner having an exclusive right   under a dedicatory instrument, as that term is defined in Section   202.001, to use a parking space.                (3)  "Private property tow" has the meaning assigned by   Section 2308.002, Occupations Code.                (4)  "Towing company" has the meaning assigned by   Section 2308.002, Occupations Code.                (5)  "Unauthorized vehicle" means a vehicle parked,   stored, or located on a parking facility without the consent of the   parking facility owner.                (6)  "Vehicle" has the meaning assigned by Section   2308.002, Occupations Code.                (7)  "Vehicle owner" has the meaning assigned by   Section 2308.002, Occupations Code.                (8)  "Vehicle storage facility" has the meaning   assigned by Section 2303.002, Occupations Code.   SUBCHAPTER B.  UNAUTHORIZED VEHICLES AT PARKING FACILITY          Sec. 401.051.  PROHIBITION AGAINST UNATTENDED VEHICLES IN   CERTAIN AREAS OF PARKING FACILITY. (a) The owner or operator of a   vehicle may not leave unattended on a parking facility a vehicle   that:                (1)  is in or obstructs a vehicular traffic aisle,   entry, or exit of the parking facility;                (2)  prevents a vehicle from exiting a parking space in   the facility;                (3)  is in or obstructs a fire lane marked according to   Subsection (c);                (4)  does not display the special license plates issued   under Section 504.201, Transportation Code, or the disabled parking   placard issued under Chapter 681, Transportation Code, for a   vehicle transporting a disabled person and that is in a parking   space designated for the exclusive use of a vehicle transporting a   disabled person; or                (5)  is leaking a fluid that presents a hazard or threat   to persons or property.          (b)  Subsection (a) does not apply to an emergency vehicle   that is owned by, or the operation of which is authorized by, a   governmental entity.          (c)  If a government regulation governing the marking of a   fire lane applies to a parking facility, a fire lane in the facility   must be marked as provided by the regulation. If a government   regulation on the marking of a fire lane does not apply to the   parking facility, all curbs of fire lanes must be painted red and be   conspicuously and legibly marked with the warning "FIRE LANE--TOW   AWAY ZONE" in white letters at least three inches high, at intervals   not exceeding 50 feet.          Sec. 401.052.  TOWING AND STORAGE OF UNAUTHORIZED VEHICLE.   (a) A parking facility owner may, without the consent of the owner   or operator of an unauthorized vehicle, cause the vehicle and any   property on or in the vehicle to be towed by a person licensed under   Chapter 2308, Occupations Code, and stored at a vehicle storage   facility operated by a person licensed under Chapter 2303,   Occupations Code, at the vehicle owner's or operator's expense if:                (1)  signs that comply with Subchapter C prohibiting   unauthorized vehicles are located on the parking facility at the   time of towing and for the preceding 24 hours and remain installed   at the time of towing;                (2)  the owner or operator of the vehicle has received   actual notice from the parking facility owner that the vehicle will   be towed at the vehicle owner's or operator's expense if it is in or   not removed from an unauthorized space;                (3)  the parking facility owner gives notice to the   owner or operator of the vehicle under Subsection (b); or                (4)  on request, the parking facility owner provides to   the owner or operator of the vehicle information on the name of the   towing company and vehicle storage facility that will be used to tow   and store the vehicle and the vehicle is:                      (A)  left in violation of Section 401.051 or   401.053; or                      (B)  in or obstructing a portion of a paved   driveway or abutting public roadway used for entering or exiting   the facility.          (b)  A parking facility owner is considered to have given   notice under Subsection (a)(3) if:                (1)  a conspicuous notice has been attached to the   vehicle's front windshield or, if the vehicle has no front   windshield, to a conspicuous part of the vehicle stating:                      (A)  that the vehicle is in a parking space in   which the vehicle is not authorized to be parked;                      (B)  a description of all other unauthorized areas   in the parking facility;                      (C)  that the vehicle will be towed at the expense   of the owner or operator of the vehicle if it remains in an   unauthorized area of the parking facility; and                      (D)  a telephone number that is answered 24 hours   a day to enable the owner or operator of the vehicle to locate the   vehicle; and                (2)  a notice is mailed after the notice is attached to   the vehicle as provided by Subdivision (1) to the owner of the   vehicle by certified mail, return receipt requested, to the last   address shown for the owner according to the vehicle registration   records of the Texas Department of Motor Vehicles, or if the vehicle   is registered in another state, the appropriate agency of that   state.          (c)  The notice under Subsection (b)(2) must:                (1)  state that the vehicle is in a space in which the   vehicle is not authorized to park;                (2)  describe all other unauthorized areas in the   parking facility;                (3)  contain a warning that the unauthorized vehicle   will be towed at the expense of the owner or operator of the vehicle   if it is not removed from the parking facility before the 15th day   after the postmark date of the notice; and                (4)  state a telephone number that is answered 24 hours   a day to enable the owner or operator to locate the vehicle.          (d)  The mailing of a notice under Subsection (b)(2) is not   required if, after the notice is attached under Subsection (b)(1),   the owner or operator of the vehicle leaves the vehicle in another   location where parking is unauthorized for the vehicle according to   the notice.          Sec. 401.053.  UNATTENDED VEHICLES ON PARKING FACILITY OF   APARTMENT COMPLEX; TOWING AND STORAGE OF VEHICLES. (a) This   section applies only to a parking facility serving or adjacent to an   apartment complex consisting of one or more residential apartment   units and any adjacent real property serving the apartment complex.          (b)  The owner or operator of a vehicle may not leave   unattended on a parking facility a vehicle that:                (1)  obstructs a gate that is designed or intended for   the use of pedestrians or vehicles;                (2)  obstructs pedestrian or vehicular access to an   area that is used for the placement of a garbage or refuse   receptacle used in common by residents of the apartment complex;                (3)  is in or obstructs a restricted parking area or   parking space designated under Subchapter C, including a space   designated for the use of employees or maintenance personnel of the   parking facility or apartment complex;                (4)  is in a tow away zone, other than a fire lane   described by Section 401.051(c), that is brightly painted and is   conspicuously and legibly marked with the warning "TOW AWAY ZONE"   in contrasting letters at least three inches high;                (5)  is a semitrailer, trailer, or truck-tractor, as   defined by Section 502.001, Transportation Code, unless the owner   or operator of the vehicle is permitted under the terms of a rental   or lease agreement with the apartment complex to leave the   unattended vehicle on the parking facility; or                (6)  is leaking a fluid that presents a hazard or threat   to persons or property.          (c)  A parking facility owner may not have an emergency   vehicle described by Section 401.051(b) towed from the parking   facility.          (d)  Except as provided by a contract described by Subsection   (e), a parking facility owner may not have a vehicle towed from the   parking facility merely because the vehicle does not display an   unexpired license plate or registration insignia issued for the   vehicle under Chapter 502, Transportation Code, or the vehicle   registration law of another state or country.          (e)  A contract provision providing for the towing from a   parking facility of a vehicle that does not display an unexpired   license plate or registration insignia is valid only if the   provision requires the owner or operator of the vehicle to be given   at least 10 days' written notice that the vehicle will be towed from   the facility at the vehicle owner's or operator's expense if it is   not removed from the parking facility. The notice must be:                (1)  delivered in person to the owner or operator of the   vehicle; or                (2)  sent by certified mail, return receipt requested,   to the owner or operator of the vehicle.          (f)  This section may not be construed:                (1)  to authorize the owner or operator of a vehicle to   leave an unattended vehicle on property that is not designed or   intended for the parking of vehicles; or                (2)  to limit or restrict the enforcement of Chapter   683, Transportation Code.          (g)  A provision of an apartment lease or rental agreement   entered into or renewed on or after January 1, 2004, that is in   conflict or inconsistent with this section is void and may not be   enforced.          Sec. 401.054.  LIMITATION ON PARKING FACILITY OWNER'S   AUTHORITY TO TOW UNAUTHORIZED VEHICLE. A parking facility owner   may not have an unauthorized vehicle towed from the facility   except:                (1)  as provided by this chapter or a municipal   ordinance that complies with Section 2308.208, Occupations Code; or                (2)  under the direction of a peace officer or the owner   or operator of the vehicle.   SUBCHAPTER C. SIGNS PROHIBITING UNAUTHORIZED VEHICLES AND   DESIGNATING RESTRICTED AREAS          Sec. 401.101.  GENERAL REQUIREMENTS FOR SIGN PROHIBITING   UNAUTHORIZED VEHICLES. (a) Except as provided by Section 401.104   or 401.105, an unauthorized vehicle may not be towed under Section   401.052(a)(1) unless a sign prohibiting unauthorized vehicles on a   parking facility is:                (1)  facing and conspicuously visible to the driver of   a vehicle that enters the facility;                (2)  located:                      (A)  on the right or left side of each driveway or   curb-cut through which a vehicle can enter the facility, including   an entry from an alley abutting the facility; or                      (B)  at intervals along the entrance so that no   entrance is farther than 25 feet from a sign if:                            (i)  curbs, access barriers, landscaping, or   driveways do not establish definite vehicle entrances onto a   parking facility from a public roadway other than an alley; and                            (ii)  the width of an entrance exceeds 35   feet;                (3)  permanently mounted on a pole, post, permanent   wall, or permanent barrier;                (4)  installed on the parking facility; and                (5)  installed so that the bottom edge of the sign is   not lower than five feet and not higher than eight feet above ground   level.          (b)  Except as provided by Section 401.105, an unauthorized   vehicle may be towed under Section 401.052(a)(1) only if each sign   prohibiting unauthorized vehicles:                (1)  is made of weather-resistant material;                (2)  is at least 18 inches wide and 24 inches high;                (3)  contains the international symbol for towing   vehicles;                (4)  contains a statement describing who may park in   the parking facility and prohibiting all others;                (5)  bears the words "Unauthorized Vehicles Will Be   Towed at Owner's or Operator's Expense";                (6)  contains a statement of the days and hours of   towing enforcement; and                (7)  contains a number, including the area code, of a   telephone that is answered 24 hours a day to enable an owner or   operator of a vehicle to locate a towed vehicle.          Sec. 401.102.  COLOR, LAYOUT, AND LETTERING HEIGHT   REQUIREMENTS. (a) Except as provided by Section 401.105, each sign   required by this chapter must comply with the color, layout, and   lettering height requirements of this section.          (b)  A bright red international towing symbol, which is a   solid silhouette of a tow truck towing a vehicle on a generally   rectangular white background, at least four inches high, must be on   the uppermost portion of a sign or on a separate sign placed   immediately above the sign.          (c)  The portion of the sign immediately below the   international towing symbol must:                (1)  in lettering at least two inches high, contain the   words "Towing 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 401.101(b) displayed in bright red letters at least one   inch high on a white background.          (e)  The bottommost portion of the sign must contain a   telephone number required by Section 401.101(b) in lettering at   least one inch high 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.  The lettering on this portion of the sign must   consist of white letters on a bright red background.          Sec. 401.103.  TELEPHONE NUMBER FOR LOCATING TOWED VEHICLE   REQUIRED. If a parking facility owner posts a sign described by   Sections 401.101 and 401.102, the owner of a vehicle that is towed   from the facility under this chapter must be able to locate the   vehicle by calling the telephone number on the sign.          Sec. 401.104.  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 401.101(a)(2), an owner may place in the   designated spaces a sign that prohibits unauthorized vehicles from   parking in those spaces and that otherwise complies with Sections   401.101 and 401.102:                (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 in front of a vehicle that is parked in the space with   the rear of the vehicle at the entrance of the space.          Sec. 401.105.  INDIVIDUAL PARKING RESTRICTIONS IN   RESTRICTED AREA. (a) A parking facility owner who complies with   Sections 401.101 and 401.102 may impose further specific parking   restrictions in an area to which the signs apply for individual   spaces by installing or painting a weather-resistant sign or notice   on a curb, pole, post, permanent wall, or permanent barrier so that   the sign is in front of a vehicle that is parked in the space with   the rear of the vehicle at the entrance of the space.          (b)  The top of the sign or notice may not be higher than   seven feet above the ground.          (c)  The sign or notice must include an indication that the   space is reserved for a particular unit number, person, or type of   person.          (d)  The letters on the sign or notice under this section   must be at least two inches high and must be in contrast to the color   of the curb, pole, post, wall, or barrier so that the letters can be   read during the day and at night. The letters are not required to be   illuminated or made of reflective material.   SUBCHAPTER D. TOWING OF UNAUTHORIZED VEHICLES FROM CERTAIN PUBLIC   ROADWAY PARKING FACILITY AREAS          Sec. 401.151.  TOWING OF UNAUTHORIZED VEHICLE FROM LEASED   RIGHT-OF-WAY. Unless prohibited by the lease, a parking facility   owner or towing company may tow an unauthorized vehicle parked in a   leased area described by Section 401.002(1)(B)(i) if the owner or   towing company gives notice under Section 401.052(a)(1), (2), or   (3) and otherwise complies with this chapter.          Sec. 401.152.  TOWING OF UNAUTHORIZED VEHICLE FROM AREA   BETWEEN PARKING FACILITY AND PUBLIC ROADWAY. Unless prohibited by   a municipal ordinance, a parking facility owner may have a towing   company tow an unauthorized vehicle any part of which is in an area   described by Section 401.002(1)(B)(ii) if notice under Section   401.052(a)(2) or (3) is given and the owner or towing company   otherwise complies with this chapter.   SUBCHAPTER E. PARKING FACILITY OWNERS          Sec. 401.201.  PARKING FACILITY OWNER PROHIBITED FROM   RECEIVING FINANCIAL GAIN FROM TOWING COMPANY. (a) A parking   facility owner may not directly or indirectly accept anything of   value from a towing company in connection with the towing of a   vehicle from a parking facility.          (b)  A parking facility owner may not have a direct or   indirect monetary interest in a towing company that for   compensation tows unauthorized vehicles from a parking facility in   which the parking facility owner has an interest.          (c)  This section does not apply to a sign required under   Section 401.101 provided by a towing company to a parking facility   owner.          Sec. 401.202.  LIMITATION ON LIABILITY OF PARKING FACILITY   OWNER FOR TOWING OR STORAGE OF UNAUTHORIZED VEHICLE. A parking   facility owner who causes the towing of an unauthorized vehicle is   not liable for damages arising from the towing or storage of the   vehicle if the vehicle:                (1)  was towed in compliance with this chapter; and                (2)  is:                      (A)  towed 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.          Sec. 401.203.  CIVIL LIABILITY OF PARKING FACILITY OWNER FOR   VIOLATION OF CHAPTER. (a) A parking facility owner who violates   this 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 storage of the   vehicle; and                (2)  towing or storage fees assessed in connection with   the vehicle's towing or storage.          (b)  A vehicle's owner or operator is not required to prove   negligence of a parking facility owner to recover under Subsection   (a).          (c)  A parking facility owner who intentionally, knowingly,   or recklessly violates this 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 assessed in the vehicle's   towing or storage.          Sec. 401.204.  VIOLATION OF CHAPTER; INJUNCTION. A   violation of this chapter may be enjoined under Subchapter E,   Chapter 17, Business & Commerce Code.          Sec. 401.205.  MINOR SIGN OR LETTERING HEIGHT VARIATIONS. A   minor variation of a required or minimum height of a sign or   lettering is not a violation of this chapter.   ARTICLE 3. CONFORMING AMENDMENTS          SECTION 3.01.  Section 2158.001(2), Occupations Code, is   amended to read as follows:                (2)  "Parking facility," "parking facility owner," and   "vehicle" have the meanings assigned by Section 401.002, Property   [2308.002, Occupations] Code.          SECTION 3.02.  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 3.03.  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 3.04.  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 4. REPEALERS          SECTION 4.01.  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)  Sections 2308.002(1-a), (1-b), (1-c), (7-a), and   (9);                (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 2308.157;                (8)  The heading to Subchapter F, Chapter 2308;                (9)  Sections 2308.251, 2308.252, 2308.253, and   2308.254;                (10)  Sections 2308.2555, 2308.2565, and 2308.257;                (11)  Subchapter G, Chapter 2308;                (12)  Sections 2308.351 and 2308.352;                (13)  Section 2308.401;                (14)  Section 2308.403;                (15)  Section 2308.451;                (16)  Sections 2308.454 and 2308.455; and                (17)  Sections 2308.458(b-2) and (c-1).   ARTICLE 5. TRANSITIONS; EFFECTIVE DATE          SECTION 5.01.  (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:                (1)  a license or permit issued under former Section   2303.1015, 2303.1016, 2308.1521, 2308.1551, 2308.1555, or   2308.1556, Occupations Code, expires; and                (2)  the term of the booting company representative   member of the advisory board under Section 2308.051, 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, and Chapter 401, Property Code, as added 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 municipal ordinance or charter or a   contract that arises on or after the effective date of this Act. A   conflict that arises before the effective date of this Act is   governed by the law in effect immediately before the effective date   of this Act, and the former law is continued in effect for that   purpose.          (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)  Section 2308.052(d), Occupations Code, as added by this   Act, applies only to an absence by a member from a meeting of the   Towing and Storage Advisory Board that occurs on or after the   effective date of this Act. An absence by a member from a meeting of   the Towing and Storage Advisory Board that occurs before the   effective date of this Act is governed by the law in effect on the   date the absence occurred, and the former law is continued in effect   for that purpose.          (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)  Sections 2308.163, 2308.173, and 2308.183, Occupations   Code, as added by this Act, apply only to the renewal of a license   issued on or after September 1, 2018.  The renewal of a license   issued before September 1, 2018, 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.          (k)  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 5.02.  This Act takes effect September 1, 2017.