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, and prohibits a person from charging a fee for more than one-half of the amount that would be charged for a consensual tow. A vehicle owner must pay the fee before the person towing the vehicle is required to release the vehicle to the owner. 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 towing and impound rates, 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. The bill prohibits a person from towing a vehicle without the owner’s consent unless the person is responding to a request for a 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. In addition to the reimbursement and any criminal penalty, the person must also pay the vehicle owner an amount not less than four times the sum of the towing and storage fees. 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 20 days to no more than 5 days after taking custody of the vehicle. The bill increases the reclaiming period for a person who receives notice from 10 days to 20 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. The reclaiming period is extended by 5 days if an entity fails to provide requested information or allow an inspection of the vehicle. 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. The bill requires an entity that sells an abandoned vehicle to pay a lienholder, if applicable, the amount remaining on the vehicle loan if the vehicle is sold and the entity that took it into custody failed to provide required notices and an opportunity to inspect and reclaim the vehicle and personal property, as applicable. 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 30 days and a fine of at least $105 but not more than $855.