2005 Texas Transportation Code CHAPTER 685. RIGHTS OF OWNERS AND OPERATORS OF STORED VEHICLES

TRANSPORTATION CODE

CHAPTER 685. RIGHTS OF OWNERS AND OPERATORS OF STORED VEHICLES


	§ 685.001. DEFINITIONS.  In this chapter:                                   
		(1)  "Vehicle storage facility" has the meaning 
assigned by Chapter 2303, Occupations Code.
		(2)  "Parking facility," "towing company," and 
"vehicle" have the meanings assigned by Section 684.001.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 1997, 75th Leg., ch. 165, § 30.159(a), eff. Sept. 1, 
1997;  Acts 2003, 78th Leg., ch. 1276, § 14A.840, eff. Sept. 1, 
2003.


	§ 685.002. PAYMENT OF COST OF REMOVAL AND STORAGE OF 
VEHICLE.  (a) If in a hearing held under this chapter the court 
finds that a person or law enforcement agency authorized, with 
probable cause, the removal and storage in a vehicle storage 
facility of a vehicle, the person who requested the hearing shall 
pay the costs of the removal and storage.
	(b)  If in a hearing held under this chapter the court does 
not find that a person or law enforcement agency authorized, with 
probable cause, the removal and storage in a vehicle storage 
facility of a vehicle, the person or law enforcement agency that 
authorized the removal shall:
		(1)  pay the costs of the removal and storage;  or                            
		(2)  reimburse the owner or operator for the cost of the 
removal and storage paid by the owner or operator.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 1997, 75th Leg., ch. 165, § 30.159(a), eff. Sept. 1, 
1997.


	§ 685.003. RIGHT OF OWNER OR OPERATOR OF VEHICLE TO 
HEARING.  The owner or operator of a vehicle that has been removed 
and placed in a vehicle storage facility without the consent of the 
owner or operator of the vehicle is entitled to a hearing on whether 
probable cause existed for the removal and placement.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 1997, 75th Leg., ch. 165, § 30.159(a), eff.Sept. 1, 1997.


	§ 685.004. JURISDICTION.  A hearing under this chapter 
shall be in the justice court having jurisdiction in the precinct in 
which the vehicle storage facility is located.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 1997, 75th Leg., ch. 165, § 30.159(a), eff. Sept. 1, 
1997;  Acts 2001, 77th Leg., ch. 669, § 144, eff. Sept. 1, 2001;  
Acts 2005, 79th Leg., ch. 737, § 4, eff. Sept. 1, 2005.


	§ 685.005. NOTICE TO VEHICLE OWNER OR OPERATOR.  (a) If 
before a hearing held under this chapter the owner or operator of a 
vehicle pays the costs of the vehicle's removal or storage, the 
towing company or vehicle storage facility that received the 
payment shall at the time of payment give the owner or operator 
written notice of the person's rights under this chapter.
	(b)  The operator of a vehicle storage facility that sends a 
notice under Subchapter D, Chapter 2303, Occupations Code, shall 
include with that notice a notice of the person's rights under this 
chapter.

Added by Acts 1997, 75th Leg., ch. 165, § 30.159(a), eff. Sept. 
1, 1997.  Amended by Acts 2003, 78th Leg., ch. 1276, § 14A.841, 
eff. Sept. 1, 2003.


	§ 685.006. CONTENTS OF NOTICE.  The notice under Section 
685.005 must include:
		(1)  a statement of:                                                          
			(A)  the person's right to submit a request within 
14 days for a court hearing to determine whether probable cause 
existed to remove the vehicle;
			(B)  the information that a request for a hearing 
must contain;  and       
			(C)  any filing fee for the hearing;                                         
		(2)  the name, address, and telephone number of the 
towing company that removed the vehicle;
		(3)  the name, address, and telephone number of the 
vehicle storage facility in which the vehicle was placed;
		(4)  the name, address, and telephone number of the 
person, property owner, or law enforcement agency that authorized 
the removal of the vehicle;  and
		(5)  the name, address, and telephone number of the 
justice court having jurisdiction in the precinct in which the 
vehicle storage facility is located.

Added by Acts 1997, 75th Leg., ch. 165, § 30.159(a), eff. Sept. 
1, 1997.  Amended by Acts 2005, 79th Leg., ch. 737, § 5, eff. 
Sept. 1, 2005.


	§ 685.007. REQUEST FOR HEARING.  (a) Except as provided 
by Subsection (c), a person entitled to a hearing under this chapter 
must deliver a written request for the hearing to the court before 
the 14th day after the date the vehicle was removed and placed in 
the vehicle storage facility, excluding Saturdays, Sundays, and 
legal holidays.
	(b)  A request for a hearing must contain:                                     
		(1)  the name, address, and telephone number of the 
owner or operator of the vehicle;
		(2)  the location from which the vehicle was removed;                         
		(3)  the date when the vehicle was removed;                                   
		(4)  the name, address, and telephone number of the 
person or law enforcement agency that authorized the removal;  
		(5)  the name, address, and telephone number of the 
vehicle storage facility in which the vehicle was placed;
		(6)  the name, address, and telephone number of the 
towing company that removed the vehicle;
		(7)  a copy of any receipt or notification that the 
owner or operator received from the towing company or the vehicle 
storage facility;  and
		(8)  if the vehicle was removed from a parking 
facility:                    
			(A)  one or more photographs that show the 
location and text of any sign posted at the facility restricting 
parking of vehicles;  or
			(B)  a statement that no sign restricting parking 
was posted at the parking facility.
	(c)  If notice was not given under Section 685.005, the 
14-day deadline for requesting a hearing under Subsection (a) does 
not apply, and the owner or operator of the vehicle may deliver a 
written request for a hearing at any time.
	(d)  A person who fails to deliver a request in accordance 
with Subsection (a) waives the right to a hearing.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  
Renumbered from V.T.C.A., Transportation Code § 685.005 and 
amended by Acts 1997, 75th Leg., ch. 165, § 30.159(a), eff. Sept. 
1, 1997.


	§ 685.008. FILING FEE AUTHORIZED.  The court may charge a 
filing fee of $20 for a hearing under this chapter.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  
Renumbered from V.T.C.A., Transportation Code § 685.006 and 
amended by Acts 1997, 75th Leg., ch. 165, § 30.159(a), eff. Sept. 
1, 1997;  Acts 2005, 79th Leg., ch. 737, § 6, eff. Sept. 1, 2005.


	§ 685.009. HEARING.  (a) A hearing under this chapter 
shall be held before the 10th working day after the date the court 
receives the request for the hearing.
	(b)  The court shall notify the person who requested the 
hearing and the person or law enforcement agency that authorized 
the removal of the vehicle of the date, time, and place of the 
hearing by registered or certified mail.  The notice of the hearing 
to the person or law enforcement agency that authorized the removal 
of the vehicle shall include a copy of the request for hearing.
	(b-1)  At a hearing under this section:                                        
		(1)  the burden of proof is on the person who requested 
the hearing;  and   
		(2)  hearsay evidence is admissible if it is considered 
otherwise reliable by the justice of the peace.
	(c)  The issues in a hearing under this chapter are:                           
		(1)  whether probable cause existed for the removal and 
placement of the vehicle;
		(2)  whether a towing charge imposed or collected in 
connection with the removal or placement of the vehicle was greater 
than the amount authorized by the political subdivision under 
Section 643.201 or 643.203;
		(3)  whether a towing charge imposed or collected in 
connection with the removal or placement of the vehicle was greater 
than the amount authorized under Section 643.204 or 643.205;  or
		(4)  whether a towing charge imposed or collected in 
connection with the removal or placement of the vehicle was greater 
than the amount filed with the department under Section 643.207.
	(d)  The court shall make written findings of fact and a 
conclusion of law.  
	(e)  The court may award:                                                      
		(1)  court costs to the prevailing party;                                     
		(2)  the reasonable cost of photographs submitted under 
Section 685.007(b)(8) to a vehicle owner or operator who is the 
prevailing party;  and
		(3)  an amount equal to the amount that the towing 
charge exceeded fees regulated by a political subdivision or 
authorized by this code or by Chapter 2303, Occupations Code.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  
Renumbered from V.T.C.A., Transportation Code § 685.007 and 
amended by Acts 1997, 75th Leg., ch. 165, § 30.159(a), eff. Sept. 
1, 1997;  Acts 2003, 78th Leg., ch. 1034, § 17, eff. Sept. 1, 
2003;  Acts 2005, 79th Leg., ch. 737, § 7, eff. Sept. 1, 2005.


	§ 685.010. APPEAL.  An appeal from a hearing under this 
chapter is governed by the rules of procedure applicable to civil 
cases in justice court, except that no appeal bond may be required 
by the court.

Added by Acts 2005, 79th Leg., ch. 737, § 8, eff. Sept. 1, 2005.