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.