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.