page 3 of 29 Sec. 2308.158. ALCOHOL AND DRUG TESTING OF TOWING OPERATORS.
(a) A towing company shall establish an alcohol and drug testing policy for towing operators. A towing company that establishes an alcohol and drug testing policy under this subsection may adopt the model alcohol and drug testing policy adopted by the commission or may use another alcohol and drug testing policy that the department determines is at least as stringent as the policy adopted by the commission.
(b) The commission by rule shall adopt a model alcohol and drug testing policy for use by a towing company. The model alcohol and drug testing policy must be designed to ensure the safety of the public through appropriate alcohol and drug testing and to protect the rights of employees. The model alcohol and drug testing policy must:
(1) Require at least one scheduled drug test each year for each towing operator; and
(2) Authorize random, unannounced alcohol and drug testing for towing operators.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.12, eff. September 1, 2007.
Amended by: Acts 2009, 81st Leg., R.S., Ch. 757 (S.B. 702), Sec. 10, eff. September 1, 2009.
Sec. 2308.159. LICENSE RENEWAL.
(a) A license issued under this subchapter is valid for one year. The department may adopt a system under which licenses expire at different times during the year.
(b) The department shall notify the license holder at least 30 days before the date a license expires. The notice must be in writing and sent to the license holder's last known address according to the records of the department.
(c) A license holder may renew a license issued under this chapter by:
(1) submitting an application on a form prescribed by the executive director;
(2) submitting evidence demonstrating compliance with the requirements for the license type as required by this chapter or commission rule;
(3) paying a renewal fee; and
(4) completing any applicable continuing education requirements.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.12, eff. September 1, 2007.
Amended by: Acts 2011, 82nd Leg., R.S., Ch. 353 (H.B. 3510), Sec. 6, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.24, eff. September 1, 2021.
SUBCHAPTER F. UNAUTHORIZED VEHICLES
Sec. 2308.251. PROHIBITION AGAINST UNATTENDED VEHICLES IN CERTAIN AREAS.
(a) The owner or operator of a vehicle may not leave unattended on a parking facility a vehicle that:
(1) is in or obstructs a vehicular traffic aisle, entry, or exit of the parking facility;
(2) Prevents a vehicle from exiting a parking space in the facility;
(3) Is in or obstructs a fire lane marked according to Subsection (c);
(4) does not display the special license plates issued under Section 504.201, Transportation Code, or the disabled parking placard issued under Chapter 681, Transportation Code, for a vehicle transporting a disabled person and is in a parking space that is designated for the exclusive use of a vehicle transporting a disabled person; or
(5) Is leaking a fluid that presents a hazard or threat to persons or property.
(b) Subsection (a) does not apply to an emergency vehicle that is owned by, or the operation of which is authorized by, a governmental entity.
(c) If a government regulation governing the marking of a fire lane applies to a parking facility, a fire lane in the facility must be marked as provided by the regulation. If a government regulation on the marking of a fire lane does not apply to the parking facility, all curbs of fire lanes must be painted red and be conspicuously and legibly marked with the warning "FIRE LANE--TOW AWAY ZONE" in white letters at least three inches tall, at intervals not exceeding 50 feet.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by: Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 20.003 (j), eff. September 1, 2005.
Renumbered from Transportation Code, Section 684.011 and amended by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 2.03, eff. September 1, 2007.
Amended by: Acts 2009, 81st Leg., R.S., Ch. 757 (S.B. 702), Sec. 11, eff. September 1, 2009.
Sec. 2308.252. REMOVAL AND STORAGE OF UNAUTHORIZED VEHICLE.
(a) A parking facility owner may, without the consent of the owner or operator of an unauthorized vehicle, cause the vehicle and any property on or in the vehicle to be removed and stored at a vehicle storage facility at the vehicle owner's or operator's expense if:
(1) Signs that comply with Subchapter G prohibiting unauthorized vehicles are located on the parking facility at the time of towing and for the preceding 24 hours and remain installed at the time of towing;
(2) The owner or operator of the vehicle has received actual notice from the parking facility owner that the vehicle will be towed at the vehicle owner's or operator's expense if it is in or not removed from an unauthorized space;
(3) The parking facility owner gives notice to the owner or operator of the vehicle under Subsection (b); or
(4) On request the parking facility owner provides to the owner or operator of the vehicle information on the name of the towing company and vehicle storage facility that will be used to remove and store the vehicle and the vehicle is:
(A) Left in violation of Section 2308.251 or 2308.253; or
(B) In or obstructing a portion of a paved driveway or abutting public roadway used for entering or exiting the facility.
(b) A parking facility owner is considered to have given notice under Subsection (a)(3) if:
(1) A conspicuous notice has been attached to the vehicle's front windshield or, if the vehicle has no front windshield, to a conspicuous part of the vehicle stating:
(A) That the vehicle is in a parking space in which the vehicle is not authorized to be parked;
(B) A description of all other unauthorized areas in the parking facility;
(C) That the vehicle will be towed at the expense of the owner or operator of the vehicle if it remains in an unauthorized area of the parking facility; and
(D) A telephone number that is answered 24 hours a day to enable the owner or operator of the vehicle to locate the vehicle; and
(2) a notice is mailed after the notice is attached to the vehicle as provided by Subdivision (1) to the owner of the vehicle by certified mail, return receipt requested, to the last address shown for the owner according to the vehicle registration records of the Texas Department of Motor Vehicles, or if the vehicle is registered in another state, the appropriate agency of that state.