Relating to abandoned vehicles, and making penalties applicable

91). The bill specifies that the provision applies provided the associated actions were reasonable and taken in good faith. The bill prohibits a police authority or private entity from taking into custody a vehicle if the owner is present before the vehicle is removed from the area where it was parked and requires the authority or entity to release the vehicle to the owner at no cost. However, this does not apply to a vehicle abandoned in a location that may constitute a risk to the welfare of another, including an area blocking a fire hydrant or entrance to an emergency room or hospital. Current law requires a police authority or private entity that takes into custody an abandoned vehicle to send notice to the last known owner and other persons with an interest in the vehicle by certified mail that the vehicle has been taken into custody no more than days after taking custody of the vehicle. The bill instead requires notice to be sent within days after taking custody of the vehicle.89(3), the bill requires such notice to include the reason the vehicle was taken into custody, a photograph showing the vehicle where the vehicle was taken into custody, and, if the vehicle was parked illegally, evidence of that fact. Current law requires a person to pay all towing, preservation, storage charges, and costs of required notice prior to reclaiming the vehicle or personal property within the vehicle. The bill provides that a person may reclaim personal property from a vehicle during normal business hours at no cost and without reclaiming the vehicle. The bill requires a private entity to provide an itemized account of all fees charged, publicly post the rates for all fees, accept payment of fees by credit card, and provide information about the entity upon request. The bill prohibits a private entity from charging a storage fee during the first hours after the entity takes custody of a vehicle. The bill requires the department of transportation to adopt administrative rules providing the maximum amounts a private entity can charge for abandoned vehicle towing and storage fees. The bill authorizes a person reclaiming an abandoned vehicle to record by video or photograph any action a private entity takes related to taking custody of an abandoned vehicle or returning a reclaimed vehicle. By operation of law, it is a simple misdemeanor for a person to do an act forbidden or to fail to perform an act required by Code chapter 321, including the provisions of the bill. A simple misdemeanor is punishable by confinement for no more than days and a fine of at least $105 but not more than $855.