HBA-KMH H.B. 1708 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1708 By: Maxey Transportation 3/29/1999 Introduced BACKGROUND AND PURPOSE In 1995, Congress deregulated the towing industry, stripping municipalities and counties of the ability to regulate towing companies that tow vehicles from private property without the consent of the vehicle owner or operator. Shortly thereafter, an amendment was passed authorizing the regulation of fees for nonconsensual tows. H.B. 1708 provides regulations for fees for nonconsensual tows. This bill also provides both criminal and administrative penalties for a violation of this section. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter E, Chapter 643, Transportation Code, by adding Section 643.203, as follows: Sec. 643.203. MAXIMUM CHARGE FOR NONCONSENT TOW. (a) Applies this section to vehicle, as defined by Section 541.201 (Vehicles), that is towed from public or private property by a towing company without the consent of the owner or operator of the vehicle. (b) Sets forth the maximum amounts a towing company, as defined by Section 684.001 (Definitions), may charge for a tow under varying circumstances. (c) Authorizes a towing company to impose a fee not to exceed $30 when a vehicle is hooked up by a tow truck to allow for the vehicle to be transported legally over a public road or highway. (d) Requires the towing company to issue to the owner or operator of the towed vehicle a receipt for a fee charged under this section and keep a copy of the receipt at the towing company's place of business. (e) Increases the maximum fee under Subsection (b) by $10 and under Subsection (c) by $5 on January 1 of each odd-numbered year. Requires the department to publish a schedule of the maximum fees authorized after each increase under this subsection. (f) Provides that it is a Class A misdemeanor to violate this section. SECTION 2. Amends Section 643.251(a), Transportation Code, to include Section 643.203 in the list of sections for which an administrative penalty under this section applies. SECTION 3. Amends Section 684.001(5), Transportation Code, to make a nonsubstantive change. SECTION 4. Effective date: September 1, 1999. SECTION 5. Emergency clause.