By Maxey, Danburg                                     H.B. No. 1708
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the maximum fee a tow truck may charge for a nonconsent
 1-3     tow and to the release of certain towed vehicles from storage
 1-4     facilities; providing a penalty.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subchapter E, Chapter 643, Transportation Code,
 1-7     is amended by adding Sections 643.203 and 643.204 to read as
 1-8     follows:
 1-9           Sec. 643.203.  MAXIMUM CHARGE FOR NONCONSENT TOW.  (a)  This
1-10     section applies to a vehicle, as defined by Section 541.201, that
1-11     is to be towed from public or private property by a towing company,
1-12     as defined by Section 684.001, without the consent of the owner or
1-13     operator of the vehicle.
1-14           (b)  The maximum amount the towing company may charge for the
1-15     tow is:
1-16                 (1)  $90 if the vehicle has a gross vehicle weight
1-17     rating of 10,000 pounds or less;
1-18                 (2)  $125 if the vehicle has a gross vehicle weight
1-19     rating of more than 10,000 pounds but less than 26,001 pounds; or
1-20                 (3)  $300 if the vehicle has a gross vehicle weight
1-21     rating of 26,001 pounds or more.
1-22           (c)  The operator of a tow truck shall release a vehicle to
1-23     the owner or operator of the vehicle if:
1-24                 (1)  the vehicle has not been moved from the site from
 2-1     which it is to be towed;
 2-2                 (2)  the vehicle is fully prepared to be towed legally
 2-3     over a public road or highway to a vehicle storage facility
 2-4     operated by a person licensed under Article 6687-9a, Revised
 2-5     Statutes; and
 2-6                 (3)  the owner or operator of the vehicle pays a $30
 2-7     fee to the operator of the tow truck.
 2-8           (d)  The towing company shall issue to the owner or operator
 2-9     of the vehicle a receipt for a fee charged under this section and
2-10     keep a copy of the receipt at the towing company's place of
2-11     business until the second anniversary of the date the vehicle is
2-12     towed.
2-13           (e)  A towing company or operator of a tow truck commits an
2-14     offense if the towing company or operator violates this section.
2-15     An offense under this subsection is a Class A misdemeanor.
2-16           (f)  To the extent of any conflict between this section and
2-17     an order, rule, or ordinance of a political subdivision of this
2-18     state that regulates the conduct of a towing company, the order,
2-19     rule, or ordinance controls.
2-20           Sec. 643.204.  INSURANCE REQUIREMENT FOR TOWING COMPANY.  A
2-21     towing company, as defined by Section 684.001, must have on-hook
2-22     cargo insurance coverage in a minimum amount of $25,000 for each
2-23     tow truck the company operates.
2-24           SECTION 2.  Section 684.001(5), Transportation Code, is
2-25     amended to read as follows:
2-26                 (5)  "Towing company" means a person operating a tow
2-27     truck registered under Chapter 643 [1135, Acts of the 70th
 3-1     Legislature, Regular Session, 1987 (Article 6687-9b, Vernon's Texas
 3-2     Civil Statutes)].  The term includes the owner, operator, employee,
 3-3     or agent of a towing company, but does not include a political
 3-4     subdivision of the state.
 3-5           SECTION 3.  Subchapter E, Chapter 684, Transportation Code,
 3-6     is amended by adding Section 684.0835 to read as follows:
 3-7           Sec. 684.0835.  RELEASE OF VEHICLE.  (a)  A vehicle storage
 3-8     facility shall release a vehicle removed in compliance with this
 3-9     chapter and stored at a vehicle storage facility to the owner of
3-10     the vehicle or to the owner's representative if the owner or the
3-11     owner's representative:
3-12                 (1)  pays all fees due against the vehicle;
3-13                 (2)  presents valid identification, which may include a
3-14     driver's license issued by this state or another state, or
3-15     identification issued by the United States that includes the
3-16     person's photograph; and
3-17                 (3)  presents one of the following:
3-18                       (A)  the certificate of title for the vehicle, if
3-19     the person is shown as the owner of the vehicle on the certificate
3-20     of title;
3-21                       (B)  the registration receipt for the vehicle and
3-22     a registration renewal card issued by the Texas Department of
3-23     Transportation, if the person is shown as the owner of the vehicle
3-24     on the registration receipt;
3-25                       (C)  a notarized power of attorney authorizing
3-26     the person to obtain possession of the vehicle, accompanied by the
3-27     documents described by Subdivision (A) or (B), if the person is not
 4-1     shown as the owner of the vehicle on those documents;
 4-2                       (D)  a court order authorizing the person to
 4-3     obtain possession of the vehicle;
 4-4                       (E)  a notarized power of attorney and a
 4-5     certificate of title in the owner's name that shows the person's
 4-6     right to obtain possession of the vehicle;
 4-7                       (F)  a notarized proof-of-loss claim of theft
 4-8     issued by an insurance company authorized to do business in this
 4-9     state that shows the person's right to obtain possession of the
4-10     vehicle; or
4-11                       (G)  an affidavit of right of possession and
4-12     control issued by the Texas Department of Transportation that shows
4-13     the person's right to obtain possession of the vehicle.
4-14           (b)  The Texas Department of Transportation shall issue an
4-15     affidavit of right of possession for a vehicle to a person who
4-16     applies and presents evidence sufficient to show to the department
4-17     that the person is entitled to possession of the vehicle.  The
4-18     department shall approve the form of the affidavit.  An affidavit
4-19     of right of possession and control issued by the department under
4-20     this section:
4-21                 (1)  may only be used by the person to whom the
4-22     affidavit is issued or an immediate family member of the person;
4-23     and
4-24                 (2)  may not be used as a repossession instrument.
4-25           SECTION 4.  This Act takes effect September 1, 1999.
4-26           SECTION 5.  The importance of this legislation and the
4-27     crowded condition of the calendars in both houses create an
 5-1     emergency and an imperative public necessity that the
 5-2     constitutional rule requiring bills to be read on three several
 5-3     days in each house be suspended, and this rule is hereby suspended.