Relating to towing or impounding vehicles, and making penalties applicable

This bill regulates towing and impounding motor vehicles. The bill requires a person who tows a vehicle without the owner’s consent to post certain signs on private property where the person is authorized to tow vehicles, document the towing with photographs, and maintain records relating to each tow. The bill requires a person to cease an incomplete tow if the vehicle owner arrives, unless the vehicle is parked in a manner that could interfere with the safety of another person, and prohibits a person from charging a fee in excess of $20 for a ceased tow. The bill provides that an owner of a motor vehicle that has been towed is not prohibited from recording and documenting actions of the person who towed the vehicle. After towing a vehicle without the owner’s consent, the person who towed the vehicle must notify the owner and the local law enforcement agency, display certain information, provide an itemized account with fees not exceeding the amount the person charges for a consensual tow or the reasonable storage costs, allow the owner to recover personal property from within the vehicle, accept payment by credit card, and reimburse the vehicle owner for any damage to the vehicle caused during the tow. A person who tows a vehicle must reimburse the vehicle owner for all costs associated with the tow if the person does not comply with the bill. A person who tows a motor vehicle without the owner’s consent shall not charge a storage fee during the first hours following the tow, and the owner of a vehicle that has been towed may request that the person who towed the vehicle show the person’s valid towing permit and information about the person’s towing company. The bill’s provisions relating to the towing of a vehicle without the owner’s consent do not apply to abandoned vehicles.89. The bill amends certain provisions regarding required notices and information relating to an abandoned vehicle, the timeline to inspect or reclaim a vehicle, the reclamation of personal property from within an abandoned vehicle, and the disposal of an abandoned vehicle, and requires an opportunity for a person to inspect an abandoned vehicle. The bill reduces the period of time within which an entity that takes custody of an abandoned vehicle is required to send notice that the vehicle has been taken into custody from no more than days to no more than days after taking custody of the vehicle. The bill increases the reclaiming period for a person who receives notice from days to days after notice is received. The bill requires an entity with control of an abandoned vehicle to provide an itemized account of all fees assessed when a vehicle is reclaimed, to allow access for persons to inspect the vehicle and share information about the vehicle, if requested, and to provide notice of such. Under current law, persons who receive notice regarding an abandoned vehicle lose their right to the vehicle and personal property within the vehicle after the expiration of the reclaiming period. The bill provides that if proper, timely notice is not provided, any known claimant does not forfeit the right to reclaim the vehicle or personal property. Current law requires a person to pay all towing preservation and storage charges resulting from placing an abandoned vehicle in custody prior to reclaiming the vehicle or personal property. The bill requires all such charges to be reasonable, and authorizes a person to reclaim personal property from a vehicle during the normal business hours of the entity with custody of the vehicle at no cost and without reclaiming the vehicle. Under current law, if the police authority did not hire a private entity, the police authority can reimburse itself for the expenses relating to towing and placing an abandoned vehicle in custody, except costs of bookkeeping and other administrative costs. Any remainder from the proceeds of a sale must be held for the owner of the vehicle or entitled lienholder for days, and then be deposited in the road use tax fund. The bill instead requires any remainder to be deposited in the general fund of the local authority with jurisdiction over the location where the abandoned vehicle was towed. The local authority is prohibited from using moneys deposited in this way except for public purposes. 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.