76R11565 DRH-D
By Maxey H.B. No. 1708
Substitute the following for H.B. No. 1708:
By Noriega C.S.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; providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter E, Chapter 643, Transportation Code,
1-6 is amended by adding Sections 643.203 and 643.204 to read as
1-7 follows:
1-8 Sec. 643.203. MAXIMUM CHARGE FOR NONCONSENT TOW. (a) This
1-9 section applies to a vehicle, as defined by Section 541.201, that
1-10 is to be towed from public or private property by a towing company,
1-11 as defined by Section 684.001, without the consent of the owner or
1-12 operator of the vehicle.
1-13 (b) The maximum amount the towing company may charge for the
1-14 tow is:
1-15 (1) $90 if the vehicle has a gross vehicle weight
1-16 rating of 10,000 pounds or less;
1-17 (2) $125 if the vehicle has a gross vehicle weight
1-18 rating of more than 10,000 pounds but less than 26,001 pounds; or
1-19 (3) $300 if the vehicle has a gross vehicle weight
1-20 rating of 26,001 pounds or more.
1-21 (c) The operator of a tow truck shall release a vehicle to
1-22 the owner or operator of the vehicle if:
1-23 (1) the vehicle has not been moved from the site from
1-24 which it is to be towed;
2-1 (2) the vehicle is fully prepared to be towed legally
2-2 over a public road or highway; and
2-3 (3) the owner or operator of the vehicle pays a $30
2-4 fee to the operator of the tow truck.
2-5 (d) The towing company shall issue to the owner or operator
2-6 of the vehicle a receipt for a fee charged under this section and
2-7 keep a copy of the receipt at the towing company's place of
2-8 business until the second anniversary of the date the vehicle is
2-9 towed.
2-10 (e) A towing company or operator of a tow truck commits an
2-11 offense if the towing company or operator violates this section.
2-12 An offense under this subsection is a Class A misdemeanor.
2-13 (f) To the extent of any conflict between this section and
2-14 an order, rule, or ordinance of a political subdivision of this
2-15 state that regulates the conduct of a towing company, the order,
2-16 rule, or ordinance controls.
2-17 Sec. 643.204. INSURANCE REQUIREMENT FOR TOWING COMPANY. A
2-18 towing company, as defined by Section 684.001, must have on-hook
2-19 cargo insurance coverage in a minimum amount of $25,000 for each
2-20 tow truck the company operates.
2-21 SECTION 2. Section 684.001(5), Transportation Code, is
2-22 amended to read as follows:
2-23 (5) "Towing company" means a person operating a tow
2-24 truck registered under Chapter 643 [1135, Acts of the 70th
2-25 Legislature, Regular Session, 1987 (Article 6687-9b, Vernon's Texas
2-26 Civil Statutes)]. The term includes the owner, operator, employee,
2-27 or agent of a towing company, but does not include a political
3-1 subdivision of the state.
3-2 SECTION 3. This Act takes effect September 1, 1999.
3-3 SECTION 4. The importance of this legislation and the
3-4 crowded condition of the calendars in both houses create an
3-5 emergency and an imperative public necessity that the
3-6 constitutional rule requiring bills to be read on three several
3-7 days in each house be suspended, and this rule is hereby suspended.