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House Bill 2571 |
House Author: Gonzales et al. |
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Effective: See below |
Senate Sponsor: Hinojosa |
House Bill 2571 amends the Occupations Code to require Texas Commission of Licensing and Regulation rules for permitting tow trucks and licensing towing operators and towing companies to include rules for denial of applications and permits if the applicant, a partner, principal, officer, or general manager of the applicant, or other license or permit holder, has a criminal conviction or has pleaded guilty or nolo contendere to a felony or a misdemeanor punishable by confinement in jail or by a fine that exceeds $500, or has committed certain enumerated acts. The bill also requires the commission by rule to establish the fees that may be charged in connection with a private property tow, the maximum amount that may be charged for other fees in connection with a private property tow, and the maximum amount that may be charged for private property tows of vehicles with specific gross weight ratings. The bill requires the commission, in adopting the rules, to contract for a study that examines towing fee studies conducted by Texas municipalities and analyzes the cost of towing services by company, the consumer price index, geographic area, and individual cost components. The bill requires the commission to maintain the confidentiality of information contained in the study that is claimed to be confidential for competitive purposes.
The bill specifies that the authority of the governing body of a political subdivision to regulate fees for nonconsent tows applies if the private property tow fees are authorized by commission rule and do not exceed the maximum amount authorized by commission rule. In areas in which no political subdivision regulates the fees in connection with a private property tow, the bill authorizes a towing company to charge and collect fees in an amount not to exceed the maximum amount authorized by commission rule, rather than an amount based on the amount the towing company would have been authorized to charge for a nonconsent tow made at the request of a peace officer. The bill prohibits a license or permit holder from charging a fee related to a nonconsent tow that is not listed in the fee schedule most recently submitted to the Texas Department of Licensing and Regulation (TDLR), and it requires TDLR to require the license or permit holder to reimburse the vehicle owner or operator for the charges if the charges are not listed in the schedule or are greater than the fee listed in the schedule.
House Bill 2571 authorizes the commissioners court of a county, in addition to the governing body of a municipality, to adopt an ordinance that is identical to the Texas Towing Act or that imposes additional requirements that exceed the minimum standards of the act but does not conflict with the act. The bill amends provisions of the act relating to the authority of a parking facility owner or towing company to remove and store an unauthorized vehicle and the duty of a vehicle storage facility to report after accepting an unauthorized vehicle. The bill also addresses the payment of the cost of removing and storing a vehicle, the notice to a vehicle owner or operator, and procedures for requesting a hearing under the act. The bill requires a hearing to be held before the 21st calendar day, rather than the 14th working day, after the date the court receives the request for the hearing. The bill requires TDLR to suspend a license holder's license if the license holder fails to pay a final judgment awarded to an owner or operator of a vehicle before the 60th day after the date of the final judgment and to reinstate the license on submission of satisfactory evidence of payment of the final judgment.
House Bill 2571 increases from $300 to $1,000 the amount for which, in addition to three times the amount of fees assessed in the vehicle's removal, towing, or storage, a towing company or parking facility owner who intentionally, knowingly, or recklessly violates the Texas Towing Act is liable to the owner or operator of the vehicle that is the subject of the violation. The bill increases the penalty for a violation of the act from a misdemeanor punishable by a fine of not less than $500 or more than $1,500 to a Class B misdemeanor if it is shown at trial that the person knowingly or intentionally violated the act. The bill amends the Vehicle Storage Facility Act to prohibit the operator of a vehicle storage facility from refusing to release a vehicle based on the inability of the facility to accept payment by electronic check, debit card, or credit card of a fee or charge associated with delivery or storage of the vehicle. The bill sets forth the required language for a sign related to the prohibition and requires the facility to conspicuously post the sign.
House Bill 2571 requires the commission to adopt the rules necessary to implement the bill's provisions not later than September 1, 2010. The bill takes effect September 1, 2009, except for provisions relating to rules on private property tow fees, regulation by political subdivisions of fees for nonconsent tows, and fees for private property tows in other areas, which take effect September 1, 2010.