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.