SUBCHAPTER E

SUBCHAPTER E. COUNTY TRAFFIC REGULATIONS § 251.151. Authority of Commissioners Court The commissioners court of a county may regulate traffic on a county road or on real property owned by the county that is under the jurisdiction of the commissioners court. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
Below, Please find two ordinances which are being placed here for the purpose of debate and the likelihood they may be presented before the City of Houston City Council and the Harris County Commissioners Court. These ordinances were specifically intended to adequately deal with the Curbstoning Problems of Harris County and City of Houston. We would like to point out that sections of these ordinances were derived or compiled from ordinances which are currently being enforced in other areas of the State. This fact is being mentioned as the aforementioned sections of these ordinances have been tested, and successfully upheld in court. Further, according to representatives from the Texas Department of Transportation, the ordinances have proven to be effective and can be easily enforced. In other words, the ordinances work and the public is better served. That being said, at this stage, we would like to clearly state that since our one and only goal is to end curbstoning, we want everyone to know, we are eager to hear your comments toward dealing with the issues which are related to curbstoning.
Proposed Harris County Ordinance
Compiled by John Freeman Proposed HARRIS COUNTY ORDINANCE VEHICLES FOR SALE ARE PROHIBITED NEAR MAJOR THOROUGHFARES A) No person shall park on public or private property a motor vehicle, salvage vehicle, boat, trailer, recreational vehicle or camper (collectively called “vehicle" or "vehicles") having displayed thereon any writing indicating such vehicle is for sale which is visible from a major thoroughfare. The term “major thoroughfare" is defined as any thoroughfare having four (4) or more lanes, any service road for an expressway or toll way. A violation of this ordinance shall constitute a class c misdemeanor. The provisions of this ordinance shall not apply to a vehicle parked in an area having a license issued to the occupant at that property by the Texas Department of Transportation. The provisions of this ordinance shall not apply to a vehicle parked on a single-family residence if the vehicle is owned and registered to the owner or occupant of the single-family residence. (B) In addition after receiving authorization from the county law enforcement officer, without the consent of the owner or operator of a vehicle parked in violation of this ordinance, cause the vehicle and any property on or in the vehicle to be removed and stored at a vehicle storage facility at the owner’s expense. ( C ) In addition, a notice must be mailed to the registered owner the next business day after the vehicle is towed if registered in the State of Texas and no later than the fourteenth calendar day after the vehicle is towed for a vehicle registered outside the State of Texas 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 state where it is registered stating (1) A description of the vehicle. (2) That the vehicle was parked in violation of with a description of the location where it was parked. (3) That the vehicle was towed and stored at the expense of the owner of the vehicle; and (4) A telephone number that is answered twenty-four (24) hours a day to enable the owner to locate the vehicle and the court in which the fine or disposition to be resolved. (D) "Business day" is defined as Monday, Tuesday, Wednesday, Thursday or Friday excluding any holiday observed by the county administrative offices are closed. Procedures for towing and storing vehicles (A) Prior to towing a vehicle parked in violation of this ordinance, the designee shall receive written authorization from the county law enforcement officer which will take into custody the vehicle through a towing company under contract with the county. (B) A towing company under contract with the county and that is insured against liability for property damages incurred in towing a vehicle and after receiving written authorization from a county law enforcement officer may, without the consent of an owner of a vehicle, remove and store the vehicle, and any property on or in the vehicle, at a vehicle storage facility at the expense of the owner if the towing company has received a written statement from the county law enforcement officer. (1) The vehicle is parked in violation of county ordinance # ________ (C) No later than the fifth calendar day after taking the vehicle into custody for a vehicle registered in the State of Texas and no later than the fourteenth calendar day after the vehicle is taken into custody for a vehicle registered outside the State of Texas. The towing company shall mail a written notice by certified mail, return receipt requested to the last address shown for owner and lien holder, if any, according to the vehicle registration records of the Texas Department of Transportation or if the vehicle is registered in another state, the appropriate agency of that state, stating (1) A description of the vehicle (2) That the towing company is in possession of the vehicle as a result of it being towed. (3) A description of where the vehicle was towed from and when it was towed to the towing company’s storage facility. (4) The county authorized the tow. (5) The name and telephone number of the towing company and the address where the vehicle is stored where it may be reclaimed. (6) A statement that the vehicle may be reclaimed upon presentation of proof of ownership, court disposition, and payment of towing, storage and notification fees (7) The amount of the towing, storage and notification fees; and (8) A statement if the vehicle remains at the storage facility for twenty (20) days or more after the return receipt is received, unclaimed, the towing company will declare it to be abandoned. Such failure to reclaim the vehicle shall be deemed a waiver of the owner’s and lien holder’s right, title and interest in the vehicle and their consent to the sale of the vehicle at a registered public auction to be held on or after a specified date. (D) Notice by publication in a newspaper of general circulation in the county is sufficient notice under this ordinance; if (1) The identity of the last registered owner cannot be determined (2) The registration has no address for the owner; or (3) The determination with reasonable certainty of the identity and address of all lien holder is impossible. The notice of publication must be published prior to the date and time of sale and must contain the year, make, model, vehicle identification number and license number. The publication may contain a list of more than one (1) vehicle. (E) A towing company which tows a vehicle under this ordinance shall be entitled to receive from the owner or lien holder the expense of towing and storage of the vehicle, including the cost of notification. Such expenses shall be a priority lien against the vehicle and may be deducted from the sale of the vehicle at a registered public auction. (F) If the vehicle is not reclaimed by the owner or lien holder by showing proof of the disposition of the court, paying the full expense of towing, storage, preservation and notification within twenty (20) days after the date of the return receipt provided in the county ordinance then the owner and lien holder waive all rights and interests in the vehicle and consent to the sale of the vehicle by a registered public auction. In such event, the towing company under contract with the county may sell the vehicle at a registered public auction. (G) The purchaser of a vehicle at a public auction; (1) Takes title free and clear of all liens and claims of ownership. (2) Shall receive a sales receipt from the county law enforcement department. (3) Is entitled to register the vehicle and receive a certificate of title. (H) The towing company under contract with the county from and after it is authorized to tow the vehicle by the county law enforcement department as provided in this ordinance shall be acting on behalf of the county law enforcement department. Such towing company is entitled to reimbursement from the proceeds of the sale of the vehicle. (1) The cost of the auction (2) The towing, preservation and storage fees resulting from taking the vehicle into custody; and (3) The cost of notice or publication. (I) after deducting the reimbursement allowed under subsection (H), the proceeds of the sale shall be held for thirty (30) days. After such time period, excess proceeds shall be deposited in a county account that may be used to enforce this ordinance.
All Parties Mentioned or Pictured In This Site Have the Right to a Fair Trial and Shall Be Presumed Innocent Until Proven Guilty!
In this picture, TxDOT Enforcement Investigators and Undercover Deputies from Precinct One find "Counterfeit" Temporary Cardboard Dealer Tags and Salvage Vehicles at a popular Curbstoner Hangout on SH-249 in Northwest Harris County. Although this particular enforcement operation was successful, it proved to be only temporarily effective. Aggressive Curbstoners are again using this location! It should be noted that similar enforcement actions have been taken by other precincts and although successful, the results were temporary. Industry Insiders claim this fact is because Curbstoners are making large amounts of money and aren't likely to give up easily.	Towing is Necessary to Avoid Lengthy Court Proceedures! The Current Method for Dealing With Illegal Curbstoners is Time Consuming and Expensive! Precincts Two and Three conducted similar enforcement actions. Although all of the accused parties were found guilty, the current method of dealing with this problem is time consuming and expensive. Without the proper ordinance, A Lengthy Investigation Process and an Officers' Court Appearances are necessary in order to properly investigate and prosecute curbstoners. Considering that, such investigations require Specially Trained Officers, and may also require Undercover Vehicles and Communication Equipment. An Ordinance "Which Provides For Towing" provides the only feasible and cost effective method for curtailing the curbstoning problem.
Proposed City of Houston Ordinance

Compiled by John Freeman PROPOSED CITY OF HOUSTON ORDINANCE VEHICLES FOR SALE ARE PROHIBITED NEAR MAJOR THOROUGHFARES (A) No person shall park on public or private property a motor vehicle, salvage vehicle, boat, trailer, recreational vehicle or camper (collectively called “vehicle” or “vehicles”) having displayed thereon any writing indicating such vehicle is for sale which is visible from a major thoroughfare. The term “major thoroughfare” is defined as any thoroughfare having four (4) or more lanes, any service road for an expressway or toll way. A violation of this ordinance shall constitute a class C misdemeanor. The provisions of this ordinance shall not apply to a vehicle parked in an area having a license for the sale of motor vehicles as issued by the Texas Department of Transportation. The provisions of this ordinance shall not apply to a vehicle parked on a single-family residence if the vehicle is owned and registered to the owner or occupant of the single-family residence. (B) In addition after receiving authorization from the city law enforcement officer, without the consent of the owner or operator of a vehicle parked in violation of this ordinance, cause the vehicle and any property on or in the vehicle to be removed and stored at a vehicle storage facility at the owner’s expense. (C) In addition, a notice must be mailed to the registered owner the next business day after the vehicle is towed if registered in the State of Texas and no later than the fourteenth calendar day after the vehicle is towed for a vehicle registered outside the State of Texas 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 state where it is registered stating (1) A description of the vehicle. (2) That the vehicle was parked in violation of Ordinance Number ________ with a description of the location where it was parked. (3) That the vehicle was towed and stored at the expense of the owner of the vehicle; and (4) A telephone number that is answered twenty-four (24) hours a day to enable the owner to locate the vehicle and the court in which the fine or disposition to be resolved. (D) “Business day” is defined as Monday, Tuesday, Wednesday, Thursday or Friday excluding any holiday observed by the city and the administrative offices are closed. Procedures for towing and storing vehicles (A) Prior to towing a vehicle parked in violation of this ordinance , the designee shall receive written authorization from the city law enforcement officer which will take into custody the vehicle through a towing company under contract with the city . (B) A towing company under contract with the city and that is insured against liability for property damages incurred in towing a vehicle and after receiving written authorization from a city law enforcement officer may, without the consent of an owner of a vehicle, remove and store the vehicle, and any property on or in the vehicle, at a vehicle storage facility at the expense of the owner if the towing company has received a written statement from the city law enforcement officer. (1) The vehicle is parked in violation of city ordinance number ________. (C) No later than the fifth calendar day after taking the vehicle into custody for a vehicle registered in the State of Texas and no later than the fourteenth calendar day after the vehicle is taken into custody for a vehicle registered outside the State of Texas. The towing company shall mail a written notice by certified mail, return receipt requested to the last address shown for owner and lien holder, if any, according to the vehicle registration records of the Texas Department of Transportation or if the vehicle is registered in another state, the appropriate agency of that state, stating (1) A description of the vehicle. (2) That the towing company is in possession of the vehicle as a result of it being towed. (3) A description of where the vehicle was towed from and when it was towed to the towing company’s storage facility. (4) The city authorized the tow. (5) The name and telephone number of the towing company and the address where the vehicle is stored where it may be reclaimed. (6) A statement that the vehicle may be reclaimed upon presentation of proof of ownership, court disposition, and payment of towing, storage and notification fees (7) The amount of the towing, storage and notification fees; and (8) A statement if the vehicle remains at the storage facility for twenty (20) days or more after the return receipt is received, unclaimed, the towing company will declare it to be abandoned. Such failure to reclaim the vehicle shall be deemed a waiver of the owner’s and lien holder’s right, title and interest in the vehicle and their consent to the sale of the vehicle at a registered public auction to be held on or after a specified date. (D) Notice by publication in a newspaper of general circulation in the city is sufficient notice under this ordinance; if (1) The identity of the last registered owner cannot be determined (2) The registration has no address for the owner; or (3) The determination with reasonable certainty of the identity and address of all lien holders is impossible. The notice of publication must be published prior to the date and time of sale and must contain the year, make, model, vehicle identification number and license number. The publication may contain a list of more than one (1) vehicle. (E) A towing company which tows a vehicle under this ordinance shall be entitled to receive from the owner or lien holder the expense of towing and storage of the vehicle, including the cost of notification. Such expenses shall be a priority lien against the vehicle and may be deducted from the sale of the vehicle at a registered public auction. (F) If the vehicle is not reclaimed by the owner or lien holder by showing proof of the disposition of the court, paying the full expense of towing, storage, preservation and notification within twenty (20) days after the date of the return receipt provided in the city ordinance then the owner and lien holder waive all rights and interests in the vehicle and consent to the sale of the vehicle by a registered public auction. In such event, the towing company under contract with the city may sell the vehicle at a registered public auction. (G) The purchaser of a vehicle at a public auction; (1) Takes title free and clear of all liens and claims of ownership. (2) Shall receive a sales receipt from the city law enforcement department and (3) Is entitled to register the vehicle and receive a certificate of title. (H) The towing company under contract with the city from and after it is authorized to tow the vehicle by the city law enforcement department as provided in this ordinance shall be acting on behalf of the city law enforcement department. Such towing company is entitled to reimbursement from the proceeds of the sale of the vehicle. (1) The cost of the auction (2) The towing, preservation and storage fees resulting from taking the vehicle into custody; and (3) The cost of notice or publication. (I) after deducting the reimbursement allowed under subsection (H), the proceeds of the sale shall be held for thirty (30) days. After such time period, excess proceeds shall be deposited in a city account that may be used to enforce this ordinance.