37 Tex. Admin. Code § 3.173 - Impoundment or Immobilization of Vehicles

(a) When authorized by law or when necessary to protect the public health, safety, or welfare or to promote and protect a critical state function, the department may impound or cause to be removed any vehicle presenting such an obstacle.

(b) When unpaid parking fines or charges are recorded or an employee's parking privileges have been forfeited, the department will send a letter to the last known address of the person notifying the person that any vehicle owned by the person is subject to being impounded or immobilized if found parked in the Capitol Complex.

(c) Vehicles shall be impounded by or at the direction of the department. The vehicle impounded shall not be released until all towing and storage fees have been paid. If the vehicle is impounded because of an accumulation of one or more unpaid parking offense fines or late charges, payment of all outstanding parking fines and charges relating to the vehicle, or which are owed by its owner or operator, must be made to the department before release of the vehicle.

(d) The department shall not be responsible for any fees, costs, or damages resulting from vehicle removal, impoundment, or immobilization.

(e) Impoundment. A vehicle is subject to impoundment under the following circumstances:

(1) parking in a handicapped or reserved space without displaying proper permit or displaying a handicapped permit issued to another person;

(2) possession or use of a lost, stolen, or forged permit, or one which has been altered, or defaced to the extent that information contained on it is illegible;

(3) parking on a state parking facility when parking privileges have been forfeited;

(4) parking within any barricaded area;

(5) parking a vehicle on any lawn, curb, sidewalk, or in any manner which creates an obstruction to vehicular or pedestrian traffic or that may damage state property;

(6) parking in a "No Parking" zone or fire zone;

(7) accumulation of one or more unpaid parking offense fines or late charges;

(8) when authorized under Texas Transportation Code, § 545.305; or

(9) abandonment of a vehicle within the Capitol Complex. A vehicle is considered to be abandoned if it is left on the complex for more than 48 hours without the approval of the parking administration. This does not apply to state owned vehicles.

(f) Immobilization.

(1) The immobilization of a vehicle will be by placing a device on the vehicle that prohibits movement of the motor vehicle.

(2) A vehicle is subject to immobilization upon the accumulation of one or more unpaid parking offense fines or late charges.

(3) Upon immobilization of a vehicle, the Highway Patrol Service will place a notice on the vehicle in a conspicuous place advising the owner or operator that movement of the vehicle will cause damage to the vehicle or the immobilization device, possible bodily injury to the person attempting to operate the vehicle, and that such movement of the vehicle or removal of, or damage to, the device is a separate offense for which a citation will be issued. The notice shall provide the owner or operator with information on how to contact the Highway Patrol Service in order to arrange for release of the vehicle, and of the procedure for requesting a hearing.

(4) Payment of all outstanding parking fines and charges relating to the vehicle, or which are owed by its owner or operator, must be made before removal of the device.

(5) The immobilizing device will remain in place for 24 hours unless the owner or operator has paid all outstanding parking fines and charges as required by this section. If such payment has not occurred within 24 hours, the vehicle may be impounded, at the discretion of the Highway Patrol Service. A vehicle impounded under such circumstances will not be released from impoundment until payment is made for all unpaid parking fines and charges, as well as costs of towing and storage.

(g) Hearings.

(1) The owner of a vehicle which has been impounded without the consent of the owner may request a hearing under the provisions of Texas Transportation Code, Chapter 685, by delivering a written request for a hearing to the appropriate court before the 14th day after the date the vehicle was removed and placed in a vehicle storage facility. Notice to the vehicle owner as to the hearing is provided by the vehicle storage facility.

(2) The owner of a vehicle which has been immobilized under § 3.173 of this title (relating to Impoundment or Immobilization of Vehicles) is entitled to a post-immobilization hearing to determine the validity of such immobilization. Such hearing must be requested within ten days after the vehicle is immobilized and shall be conducted by a hearing officer appointed to conduct such hearings. The post immobilization hearing will not be determinative of or adjudicate any citation issued relative to any immobilized vehicle. A hearing requested under this procedure will be conducted within two working days of the receipt of a request for such hearing. If the owner or operator requests a hearing and seeks immediate release of the vehicle, the owner must deposit with the Highway Patrol Service the amount of the outstanding parking fines and charges, and pay fees required for towing and storage if the vehicle has been impounded. If the owner or operator requests a hearing without the immediate release of the vehicle, the vehicle will remain immobilized or impounded until the hearing is completed. However, if the immobilized vehicle has not yet been impounded at the time when the person requests a hearing, then the Highway Patrol Service may, if the vehicle does not constitute a safety hazard, leave the vehicle in the place where it was immobilized until the conclusion of the hearing. The hearing will not be conducted under formal rules of evidence, but will be limited to the issue of the existence of one or more unpaid parking violation fines or charges.

Notes

37 Tex. Admin. Code § 3.173

The provisions of this §3.173 adopted to be effective March 9, 2004, 29 TexReg 2374