Travis County Commssioners Court
January 21, 2003
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Item 44
Number 44 is to consider an order presuming ownership of parked vehicles pursuant to section 251.156 of the Texas transportation code and take appropriate action.
>> I'm with the sheriff's office. I guess you know why I'm here. Basically what the situation is is that for years the sheriff's office has had a difficult time in enforcing parking regulations that you as the court have established because there is no presumption of ownership where the officers are basically tasked with either a, just writing a warning ticket and leaving, or b, sitting there for possibly up to hours until the actual operator of the vehicle returns and then a citation can be issued. The last legislative session the legislatures granted the commissioners court the authority to do this presumption and therefore we're asking that y'all consider it and adopt such order. I believe there's supposed to be a public hearing before the actual adoption, so I guess we're actually asking that you consider it and then post it for a public hearing.
>> are you the one working on this?
>> gordon bowling was working on it, but i've taken it over from gordon since he left.
>> how much advanced notice of the public hearing is required, if any?
>> at least seven days and not more than 30 days.
>> then if we indicate our intention, it would take a few days to advertise the public hearing. We could do that -- should we go outside a week or a day?
>> it doesn't really address how long, it justays you should publish notice of the hearing in a newspaper in the general circulation of the county. Not earlier than the seventh or later than 30th day of the hearing.
>> can we take action on the same day that we conduct a hearing?
>> yes, I believe you can. Yes.
>> so if nobody comes, we can go ahead and move it expeditiously. Then why don't we put in the motion that we have the publishing of an appropriate notice in a newspaper of general circulation in Travis County that would indicate our intention to have this item back on the court's agenda on February 11th. And that would give us like a few day, up to a week to get it posted, two weeks' notice, and after the public hearing unless there's something real controversial about it, we were just going to take action that day. Is that okay?
>> yes, sir.
>> and we'll plan to have it back on the court's agenda on the 11th in a newspaper from which we take advertising monies to post something like this.
>> the sheriff's office has to do legal postings all the time related to abandoned vehicles, etcetera, etcetera. Wherever that comes from.
>> [inaudible - no mic]
>> let's do that in the next couple of days if there's a problem with funding, let us know after we've paid the station. .
>> or another paper.
>> yes.
>> 45 -- did we vote on that? Do we have a sec?
>> second.
>> seconded by commissioner Gomez. Any more discussion? All in favor? That passes by unanimous vote.
Last Modified: Wednesday, April 2, 2003 10:25 AM