85R12861 BEE-F     By: Goldman H.B. No. 3620       A BILL TO BE ENTITLED   AN ACT   relating to the towing, booting, and storage of vehicles.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 2303.002(1), (7), and (8), Occupations   Code, are amended 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.                (7)  "Vehicle" means:                      (A)  a motor vehicle, trailer, or semitrailer, as   defined by Section 501.002 [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 2.  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 with the consent of the owner   of the vehicle.          SECTION 3.  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 4.  Section 2303.1015(a), Occupations Code, is   amended to read as follows:          (a)  A person may not work at a vehicle storage facility   unless the person holds:                (1)  a license issued under this chapter;                (2)  an incident management towing operator's license   under Section 2308.153;                (3)  a private property towing operator's license under   Section 2308.154; or                (4)  a consent towing operator's license under Section   2308.155.          SECTION 5.  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 6.  Section 2303.151, Occupations Code, is amended   by amending Subsection (a) and adding Subsection (b-1) 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   vehicle storage facility for storage shall send a written notice to   the registered owner and 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.          (b-1)  If the operator of a vehicle storage facility does not   send the notice within the time period described by Subsection (a)   or (b), the ability of the operator to dispose of the vehicle as   provided by this subchapter is not affected.          SECTION 7.  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 8.  Section 2303.1551(a), Occupations Code, is   amended to read as follows:          (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 or displayed   in view of the person who claims the vehicle.          SECTION 9.  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, to the same extent that the   department accepts a credit card as a form of payment.          (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 10.  Section 2303.160, Occupations Code, is amended   by amending Subsection (b) and adding Subsection (b-1) to read as   follows:          (b)  Subject to Subsection (b-1), a [A] vehicle storage   facility must accept evidence of financial responsibility, as   required by Section 601.051, Transportation Code, as documentation   [an additional form of identification] that establishes ownership   or right of possession or control of the vehicle.          (b-1)  A vehicle storage facility may require additional   documentation that establishes ownership or right of possession or   control of a vehicle if required by a municipal ordinance, law   enforcement agency, or governmental agency under which a tow was   authorized.          SECTION 11.  Section 2303.303, Occupations Code, is amended   to read as follows:          Sec. 2303.303.  AUTHORITY TO ARREST. A peace officer [or   license and weight inspector for the Department of Public Safety]   may make an arrest for a violation of a rule adopted under this   chapter.          SECTION 12.  Subchapter A, Chapter 2308, Occupations Code,   is amended by adding Section 2308.0011 to read as follows:          Sec. 2308.0011.  PURPOSE. This chapter is intended to   promote public safety by establishing comprehensive safety   requirements for the towing industry without imposing significant   burdens on the towing industry.          SECTION 13.  Sections 2308.002(11), (14), and (16),   Occupations Code, are amended to read as follows:                (11)  "Tow truck" means a motor vehicle, including a   wrecker, equipped with a mechanical device used to tow, winch, or   otherwise move another motor vehicle. The term does not include:                      (A)  a motor vehicle owned and operated by a   governmental entity, including a public school district;                      (B)  a motor vehicle towing:                            (i)  a race car;                            (ii)  a motor vehicle for exhibition; or                            (iii)  an antique motor vehicle;                      (C)  a recreational vehicle towing another   vehicle;                      (D)  a motor vehicle used in combination with a   tow bar, tow dolly, or other mechanical device if the vehicle is not   operated in the furtherance of a commercial enterprise;                      (E)  a motor vehicle that is controlled or   operated by a farmer or rancher and used for towing a farm vehicle;                      (F)  a motor vehicle that:                            (i)  is owned or operated by an entity the   primary business of which is the rental of motor vehicles; and                            (ii)  only tows vehicles rented by the   entity;                      (G)  a truck-trailer combination that is owned or   operated by a dealer licensed under Chapter 2301 and used to   transport new vehicles during the normal course of a documented   transaction in which the dealer is a party and ownership or the   right of possession of the transported vehicle is conveyed or   transferred; or                      (H)  a car hauler that is:                            (i)  designed to transport three or more   motor vehicles at the same time; and                            (ii) used solely to transport, other than in   a consent or nonconsent tow, motor vehicles as cargo in the course   of a prearranged shipping transaction or for use in mining,   drilling, or construction operations.                (14)  "Vehicle" 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].                (16)  "Vehicle storage facility" has the meaning   assigned [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 14.  Section 2308.108(a), Occupations Code, is   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].          SECTION 15.  Section 2308.153, Occupations Code, is amended   by adding Subsection (c) to read as follows:          (c)  A person holding a license described by this section may   work at a vehicle storage facility regulated under Chapter 2303.          SECTION 16.  Section 2308.154, Occupations Code, is amended   by adding Subsection (c) to read as follows:          (c)  A person holding a license described by this section may   work at a vehicle storage facility regulated under Chapter 2303.          SECTION 17.  Section 2308.155, Occupations Code, is amended   by adding Subsection (c) to read as follows:          (c)  A person holding a license described by this section may   work at a vehicle storage facility regulated under Chapter 2303.          SECTION 18.  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)  the alcohol and drug testing policy prescribed by   49 C.F.R. Part 40; or                (3)  [may use] another alcohol and drug testing policy   that the department determines is at least as stringent as the   policy adopted by the commission.          (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 19.  Sections 2308.2065(a) and (b), Occupations   Code, are amended to read as follows:          (a)  A license or permit holder may not charge a fee for a   nonconsent tow that is greater than:                (1)  the fee for a private property [nonconsent] tow   established under Section 2308.0575; or                (2)  a fee for an incident management or private   property [a nonconsent] tow authorized by a political subdivision.          (b)  A license or permit holder may not charge a fee for a   service related to a nonconsent tow that is not included in the list   of fees established:                (1)  for a private property tow under Section   2308.0575; or                (2)  by a political subdivision.          SECTION 20.  Section 2308.252(a), Occupations Code, is   amended to read as follows:          (a)  A parking facility owner may, without the consent of the   owner or operator of an unauthorized vehicle, cause the vehicle and   any property on or in the vehicle to be towed [removed] and stored   at a vehicle storage facility at the vehicle owner's or operator's   expense if:                (1)  signs that comply with Subchapter G prohibiting   unauthorized vehicles are located on the parking facility at the   time of towing and for the preceding 24 hours and remain installed   at the time of towing;                (2)  the owner or operator of the vehicle has received   actual notice from the parking facility owner that the vehicle will   be towed at the vehicle owner's or operator's expense if it is in or   not removed from an unauthorized space;                (3)  the parking facility owner gives notice to the   owner or operator of the vehicle under Subsection (b); or                (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   [remove] and store the vehicle and the vehicle is:                      (A)  left in violation of Section 2308.251 or   2308.253; or                      (B)  in or obstructing a portion of a paved   driveway or abutting public roadway used for entering or exiting   the facility.          SECTION 21.  Section 2308.254, Occupations Code, is amended   to read as follows:          Sec. 2308.254.  LIMITATION ON PARKING FACILITY OWNER'S   AUTHORITY TO TOW [REMOVE] UNAUTHORIZED VEHICLE. A parking facility   owner may not have an unauthorized vehicle towed [removed] from the   facility except:                (1)  as provided by this chapter or a municipal   ordinance that complies with Section 2308.208; or                (2)  under the direction of a peace officer or the owner   or operator of the vehicle.          SECTION 22.  Section 2308.302, Occupations Code, is amended   by adding Subsection (b-1) and amending Subsections (c), (d), and   (e) to read as follows:          (b-1)  Any portion of the sign that is not described by   Subsection (b) must be red or white with any lettering contrasting   with the background.          (c)  The portion of the sign immediately below the   international towing symbol must, [:                [(1)]  in lettering at least two inches in height,   contain the words, as applicable:                (1) [(A)]  "Towing and Booting Enforced";                (2) [(B)]  "Towing Enforced"; or                (3) [(C)]  "Booting Enforced"[; and                [(2)     consist of white letters on a bright red   background].          (d)  Except as provided by Subsection (e), the next lower   portion of the sign must contain the remaining information required   by Section 2308.301(b) displayed in [bright red] letters at least   one inch in height [on a white background].          (e)  The bottommost portion of the sign must contain the   telephone numbers required by Section 2308.301(b), in lettering at   least one inch in height and may, if the facility owner chooses or   if an applicable municipal ordinance requires, include the name and   address of the storage facility to which an unauthorized vehicle   will be towed [removed. The lettering on this portion of the sign   must consist of white letters on a bright red background].          SECTION 23.  Section 2308.304, Occupations Code, is amended   to read as follows:          Sec. 2308.304.  DESIGNATION OF RESTRICTED PARKING SPACES ON   OTHERWISE UNRESTRICTED PARKING FACILITY. A parking facility owner   may designate one or more spaces as restricted parking spaces on a   portion of an otherwise unrestricted parking facility. Instead of   installing a sign at each entrance to the parking facility as   provided by Section 2308.301(a)(2), an owner may place a sign that   prohibits unauthorized vehicles from parking in designated spaces   and that otherwise complies with Sections 2308.301 and 2308.302:                (1)  at the right or left side of each entrance to a   designated area or group of parking spaces located on the   restricted portion of the parking facility; or                (2)  at the end of a restricted parking space so that   the sign, the top of which must not be higher than seven feet above   the ground, is directly facing and in front of [a vehicle that is   parked in the space and the rear of which is at the entrance of] the   restricted space.          SECTION 24.  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 25.  Section 2308.403, Occupations Code, is amended   to read as follows:          Sec. 2308.403.  LIMITATION ON LIABILITY OF PARKING FACILITY   OWNER FOR TOWING [REMOVAL] OR STORAGE OF UNAUTHORIZED VEHICLE. A   parking facility owner who causes the tow [removal] of an   unauthorized vehicle is not liable for damages arising from the   towing [removal] or storage of the vehicle if the vehicle:                (1)  was towed [removed] in compliance with this   chapter; and                (2)  is:                      (A)  towed [removed] by a towing company insured   against liability for property damage incurred in towing a vehicle;   and                      (B)  stored by a vehicle storage facility insured   against liability for property damage incurred in storing a   vehicle.          SECTION 26.  The heading to Section 2308.404, Occupations   Code, is amended to read as follows:          Sec. 2308.404.  CIVIL LIABILITY OF TOWING COMPANY, BOOTING   COMPANY, OR PARKING FACILITY OWNER FOR VIOLATION OF SUBCHAPTER    [CHAPTER].          SECTION 27.  Sections 2308.404(a) and (c), Occupations Code,   are amended to read as follows:          (a)  A towing company, booting company, or parking facility   owner who violates this subchapter [chapter] is liable to the owner   or operator of the vehicle that is the subject of the violation for:                (1)  damages arising from the towing [removal],   storage, or booting of the vehicle; and                (2)  towing, storage, or booting fees paid by the owner   or operator [assessed] in connection with the vehicle's towing   [removal], storage, or booting.          (c)  A towing company, booting company, or parking facility   owner who intentionally, knowingly, or recklessly violates this   subchapter [chapter] is liable to the owner or operator of the   vehicle that is the subject of the violation for $1,000 plus three   times the amount of fees paid by the owner or operator [assessed] in   the vehicle's [removal,] towing, storage, or booting.          SECTION 28.  Section 2308.451, Occupations Code, is amended   to read as follows:          Sec. 2308.451.  PAYMENT OF COST OF TOWING [REMOVAL],   STORAGE, AND BOOTING OF VEHICLE. (a) If in a hearing held under   this subchapter [chapter] the court finds that a person or law   enforcement agency authorized, with probable cause, the towing   [removal] and storage in a vehicle storage facility of a vehicle,   the person who requested the hearing shall pay the costs of the   towing [removal] and storage if the person has not already paid the   costs.          (b)  If in a hearing held under this subchapter [chapter] the   court does not find that a person or law enforcement agency   authorized, with probable cause, the towing [removal] and storage   in a vehicle storage facility of a vehicle, the towing company,   [vehicle storage facility, or] parking facility owner, or law   enforcement agency that authorized the tow [removal] shall:                (1)  pay the costs of the towing [removal] and storage;   or                (2)  reimburse the vehicle owner or operator for the   cost of the towing [removal] and storage paid by the vehicle owner   or operator.          (c)  If in a hearing held under this subchapter [chapter] the   court finds that a person authorized, with probable cause, the   booting of a vehicle in a parking facility, the person who requested   the hearing shall pay the costs of the booting.          (c-1)  If, in a hearing held under this subchapter [chapter],   regardless of whether the court finds that there was probable cause   for the towing [removal] and storage of a vehicle, the court finds   that the towing charge was made in violation of Section 2308.2065 or   that a storage charge exceeded an amount authorized by Section   2303.155 [collected exceeded fees regulated by a political   subdivision or authorized by this chapter or Chapter 2303], the   towing company or vehicle storage facility operator, as applicable,    shall reimburse the owner or operator of the vehicle an amount equal   to the overcharge paid by the vehicle owner or operator.          (d)  If in a hearing held under this subchapter [chapter] the   court does not find that a person authorized, with probable cause,   the booting of a vehicle, the person that authorized the booting   shall:                (1)  pay the costs of the booting and any related   parking fees; or                (2)  reimburse the vehicle owner or operator for the   cost of the booting and any related parking fees paid by the vehicle    owner or operator.          SECTION 29.  Section 2308.452, Occupations Code, is amended   to read as follows:          Sec. 2308.452.  RIGHT OF VEHICLE OWNER OR OPERATOR [OF   VEHICLE] TO HEARING. The owner or operator of a vehicle that has   been towed to [removed] and stored [placed] in a vehicle storage   facility or booted without the consent of the vehicle 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 30.  Section 2308.453, Occupations Code, is amended   to read as follows:          Sec. 2308.453.  JURISDICTION. A hearing under this   subchapter [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 31.  Section 2308.454, Occupations Code, is amended   to read as follows:          Sec. 2308.454.  NOTICE TO VEHICLE OWNER OR OPERATOR. (a) If   before a hearing held under this subchapter [chapter] the vehicle   owner or operator [of a vehicle] pays the costs of the vehicle's   towing [removal] or storage, the towing company or vehicle storage   facility that received the payment shall at the time of payment give   the vehicle owner or operator written notice of the person's rights   under this subchapter [chapter].          (b)  The operator of a vehicle storage facility that sends a   notice under Subchapter D, Chapter 2303, shall include with that   notice a notice of the person's rights under this subchapter   [chapter].          (c)  If before a hearing held under this subchapter [chapter]   the vehicle owner or operator [of a vehicle] pays the costs for   removal of a boot, the booting company shall at the time of payment   give the vehicle owner or operator written notice of the person's   rights under this subchapter [chapter].          (d)  The booting operator that places a notice on a booted   vehicle under Section 2308.257 shall include with that notice a   notice of the person's rights under this subchapter [chapter].          (e)  If the towing company or vehicle storage facility that   received the payment fails to furnish to the vehicle owner or   operator [of the vehicle] the name, address, and telephone number   of the parking facility owner or law enforcement agency that   authorized the towing [removal] of the vehicle, the towing company   or vehicle storage facility that received the payment is liable if   the court, after a hearing, does not find probable cause for the   towing [removal] and storage of the vehicle.          SECTION 32.  Section 2308.455, Occupations Code, is amended   to read as follows:          Sec. 2308.455.  CONTENTS OF NOTICE. The notice under   Section 2308.454 must include:                (1)  a statement of:                      (A)  the person's right to submit a request within   14 days for a court hearing to determine whether probable cause   existed to tow [remove], or install a boot on, the vehicle;                      (B)  the information that a request for a hearing   must contain;                      (C)  any filing fee for the hearing; and                      (D)  the person's right to request a hearing in   any justice court in:                            (i)  the county from which the vehicle was   towed; or                            (ii)  for booted vehicles, the county in   which the parking facility is located;                (2)  the name, address, and telephone number of the   towing company that towed [removed] the vehicle or the booting   company that booted the vehicle;                (3)  the name, address, and telephone number[, and   county] of the vehicle storage facility in which the vehicle was   stored [placed];                (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    [removal] of the vehicle; and                (5)  the name, address, and telephone number of each   justice court in the county from which the vehicle was towed or, for   booted vehicles, the county in which the parking facility is   located, or the Internet website 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.          SECTION 33.  Sections 2308.456(a), (b), (c), and (d),   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 subchapter [chapter] must   deliver a written request for the hearing to the court before the   14th day after the date the vehicle was towed [removed] and stored    [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 of the parking facility 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   vehicle 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 parking 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 D, 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.          (d)  A person who fails to deliver a request in accordance   with Subsections [Subsection] (a) and (b) waives the right to a   hearing and the court shall dismiss the request for a hearing under   this subchapter with prejudice.          SECTION 34.  Section 2308.457, Occupations Code, is amended   to read as follows:          Sec. 2308.457.  FILING FEE AUTHORIZED. The court may charge   a filing fee of $20 for a hearing under this subchapter [chapter].          SECTION 35.  Section 2308.458, Occupations Code, is amended   by amending Subsections (a), (b), (b-2), (c), and (d) and adding   Subsections (c-2) and (c-3) to read as follows:          (a)  A hearing under this subchapter [chapter] shall be held   before the 21st calendar day after the date the court receives the   request for the hearing.          (b)  The court shall notify the person who requested the   hearing [for a towed vehicle], the parking facility owner or law   enforcement agency that authorized the towing [removal] of the   vehicle, the towing company, and the vehicle storage facility in   which the vehicle was stored [placed] of the date, time, and place   of the hearing in a manner provided by Rule 21a, Texas Rules of   Civil Procedure. The notice of the hearing to the towing company   and the parking facility owner or law enforcement agency that   authorized the towing [removal] of the vehicle must include a copy   of the request for hearing, including any photographs, exhibits,   schedules, or other evidence, attached to or included or filed with   the request for hearing. Notice to the law enforcement agency that   authorized the towing [removal] of the vehicle is sufficient as   notice to the political subdivision in which the law enforcement   agency is located.          (b-2)  The court shall notify the person who requested the   hearing for a booted vehicle, the parking facility in which the   vehicle was booted, and the booting company of the date, time, and   place of the hearing in a manner provided by Rule 21a, Texas Rules   of Civil Procedure. The notice of hearing to the person that   authorized the booting of the vehicle must include a copy of the   request for hearing, including any photographs, exhibits,   schedules, or other evidence, attached to or included or filed with   the request for hearing.          (c)  In [The issues in] a hearing regarding a towed vehicle   under this subchapter, the only issues a court may determine    [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 storage [removal or placement] of the vehicle   was greater than the amount authorized [by the political   subdivision] under Section 2303.155 [2308.201 or 2308.202]; or                (3)  whether a towing charge imposed or collected in   connection with the towing [removal or placement] of the vehicle   was prohibited by Section 2308.2065 [greater than the amount   authorized under Section 2308.203; or                [(4)     whether a towing charge imposed or collected in   connection with the removal or placement of the vehicle was greater   than the amount authorized under Section 2308.0575].          (c-2)  In determining whether probable cause for the towing   of a vehicle existed under Subsection (c)(1), the court shall   consider the facts known to the tow operator at the time the vehicle   was towed and stored in a vehicle storage facility.          (c-3)  The court shall find that probable cause for the   towing of a vehicle existed under Subsection (c)(1) if a vehicle was   towed from the parking facility of a multiunit complex, as defined   by Section 92.151, Property Code, where the vehicle was parked in   violation of the parking rules or policies of the multiunit   complex.          (d)  The court shall make written findings of fact and a   conclusion of law as to the issues listed in Subsection (c) or   (c-1), as applicable.          SECTION 36.  Section 2308.459, Occupations Code, is amended   to read as follows:          Sec. 2308.459.  APPEAL. An appeal from a hearing under this   subchapter [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.          SECTION 37.  Section 2308.460(a), Occupations Code, is   amended to read as follows:          (a)  An award under this subchapter [chapter] may be enforced   by any means available for the enforcement of a judgment for a debt.          SECTION 38.  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, 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 prohibited [in excess   of the amount 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, towing company, or booting company.          SECTION 39.  The following provisions of the Occupations   Code are repealed:                (1)  Section 2303.1016;                (2)  Section 2303.161;                (3)  Section 2308.002(7-a);                (4)  Section 2308.1521;                (5)  Section 2308.1551;                (6)  Section 2308.2565; and                (7)  Section 2308.303.          SECTION 40.  (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)  Sections 2308.153(c), 2308.154(c), and 2308.155(c),   Occupations Code, as added by this Act, apply to a license issued or   renewed before, on, or after the effective date of this Act.          (d)  A license issued under Section 2303.1016, 2308.1521, or   2308.1551, Occupations Code, that is unexpired or eligible for   renewal by the license holder on the effective date of this Act   expires on the earlier of:                (1)  the expiration date stated on the license; or                (2)  the date of issuance of a license issued to the   license holder under Section 2308.153, 2308.154, or 2308.155,   Occupations Code.          (e)  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.          (f)  Except as otherwise provided by this section, the   changes in law made by this Act applicable to the towing or booting   of a vehicle under Chapter 2308, Occupations Code, as amended by   this Act, apply only to the towing or booting of a vehicle initiated   on or after the effective date of this Act.  The towing or booting of   a vehicle initiated before the effective date of this Act is   governed by the law in effect at the time the towing or booting was   initiated, and the former law is continued in effect for that   purpose.          (g)  Section 2303.004, Occupations Code, as added by this   Act, applies only to a conflict between Chapter 2303, 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.          (h)  Subchapter J, Chapter 2308, Occupations Code, as   amended by this Act, applies only to a hearing or a notice in   connection with a vehicle that is towed or booted on or after the   effective date of this Act. A hearing or a notice in connection   with a vehicle that is towed or booted before the effective date of   this Act is governed by the law in effect when the vehicle was towed   or booted, and the former law is continued in effect for that   purpose.          SECTION 41.  This Act takes effect September 1, 2017.