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A BILL TO BE ENTITLED
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AN ACT
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relating to liability arising from incident management towing. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 72A to read as follows: |
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CHAPTER 72A. LIABILITY OF TOWING COMPANY ARISING FROM INCIDENT |
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MANAGEMENT TOWING |
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Sec. 72A.001. DEFINITIONS. In this chapter: |
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(1) "Incident management towing" means the towing of a |
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vehicle in which the tow truck is summoned to the scene of a traffic |
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accident or to an incident for the removal of a vehicle, commercial |
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cargo, and commercial debris from an accident or incident scene. |
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(2) "Towing company" has the meaning assigned by |
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Section 2308.002, Occupations Code. |
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Sec. 72A.002. LIABILITY OF TOWING COMPANY. A towing |
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company that in good faith provides incident management towing is |
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not liable in a civil action for damage to a motor vehicle affected |
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by a primary or secondary accident or incident unless the act of |
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incident management towing was performed with gross negligence, |
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recklessness, or intentional misconduct. |
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SECTION 2. Chapter 72A, Civil Practice and Remedies Code, |
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as added by this Act, does not apply to a cause of action that |
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accrued before the effective date of this Act. A cause of action |
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that accrued before the effective date of this Act is governed by |
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the law applicable to the cause of action immediately before that |
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date, and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |