HBA-ALS C.S.H.B. 2996 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2996 By: Culberson Transportation 4/30/1999 Committee Report (Substituted) 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. C.S.H.B. 2996 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. PROHIBITION ON USE OF CERTAIN DEVICES. Prohibits a person from attaching to an unauthorized vehicle located on a parking facility, a device intended to prevent the operation of the vehicle, unless a sign is installed on the parking facility that states that a device intended to prevent the operation of a vehicle is authorized to 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), Transportation Code, as appropriate. Authorizes the sign to be installed on the same pole, post, wall, or barrier as the sign under Subchapter C (Signs Prohibiting Unauthorized Vehicles and Designating Restricted Areas), Chapter 684 (Removal of Unauthorized Vehicles From Parking Facility or Public Roadway), Transportation Code. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1999. SECTION 4.Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE This substitute modifies proposed Section 684.016, Transportation Code, in SECTION 1, by changing the title from "Additional Prohibitions" in the original bill to "Prohibition on Use of Certain Devices" in the substitute. This substitute removes proposed Subsection (a), which 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. This substitute removes the designation of proposed Subsection (b), to make its text the only text in the section. This substitute modifies the prospective clause in SECTION 2, to conform to these changes.