HBA-ALS H.B. 2996 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2996
By: Culberson
Transportation
4/24/1999
Introduced



BACKGROUND AND PURPOSE 

Currently a person may tow an unauthorized vehicle from a parking facility
without the owner's consent and may attach a boot to the vehicle without
the posting any of notice to that effect. 

H.B. 2996 prevents a person, other than a governmental entity, from
removing an unauthorized vehicle from a parking facility without the
consent of the vehicle's owner or operator. This bill also prohibits a
person from attaching a device to prevent the operation of such a vehicle
without the proper posting on the parking facility of a notice warning of
such a possibility.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS
  
SECTION 1.  Amends Subchapter B, Chapter 684, Transportation Code, by
adding Section 684.016, as follows: 

Sec. 684.016. ADDITIONAL PROHIBITIONS. (a) Prohibits a person from removing
an unauthorized vehicle from a parking facility without the consent of the
vehicle's owner or operator or attaching to an unauthorized vehicle on a
parking facility a device to prevent the operation of the vehicle, unless
the person is a governmental entity or is acting as authorized by a
contract with a governmental entity.  

(b)  Prohibits a person from attaching to an unauthorized vehicle on a
parking facility a device to prevent the operation of the vehicle, unless a
sign is installed on the parking facility that states that such a device
may be attached to an unauthorized vehicle located on the facility.
Provides that the sign must be installed in each location required for a
sign under Section 684.031(a) (General Requirements for Sign Prohibiting
Unauthorized Vehicles), 684.034 (Designation of Restricted Parking Spaces
on Otherwise Unrestricted Parking Facility), or 684.035 (Individual Parking
Restrictions in Restricted Area), as appropriate.  Authorizes the sign to
be installed on the same pole, post, wall, or barrier as a sign under
Subchapter C (Signs Prohibiting Unauthorized Vehicles and Designating
Restricted Areas).  

SECTION 2. Makes application of this Act prospective.

SECTION 3.   Effective date: September 1, 1999. 

SECTION 4.Emergency clause.