By Maxey H.B. No. 1708
76R5000 DRH-F
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 civil and criminal penalties.
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 Section 643.203 to read as follows:
1-7 Sec. 643.203. MAXIMUM CHARGE FOR NONCONSENT TOW. (a) This
1-8 section applies to a vehicle, as defined by Section 541.201, that
1-9 is towed from public or private property by a towing company
1-10 without the consent of the owner or operator of the vehicle.
1-11 (b) The maximum amount a towing company, as defined by
1-12 Section 684.001, may charge for a tow is:
1-13 (1) $80 for a vehicle that:
1-14 (A) has a gross vehicle weight rating of 8,500
1-15 pounds or less;
1-16 (B) is not more than 20 feet in length; and
1-17 (C) is not more than 7 feet in width;
1-18 (2) $125 for a vehicle that:
1-19 (A) has a gross vehicle weight rating of more
1-20 than 8,500 pounds but less than 14,000 pounds; or
1-21 (B) is more than 20 feet but less than 40 feet
1-22 in length, regardless of width; or
1-23 (3) $425 for a vehicle that:
1-24 (A) has a gross vehicle weight rating of 14,000
2-1 pounds or more; or
2-2 (B) is 40 feet or more in length regardless of
2-3 width.
2-4 (c) In addition to the fee authorized under Subsection (b),
2-5 a towing company may impose a fee not to exceed $30 when a vehicle
2-6 is hooked up by a tow truck to allow for the vehicle to be
2-7 transported legally over a public road or highway.
2-8 (d) The towing company shall issue to the owner or operator
2-9 of the towed vehicle a receipt for a fee charged under this section
2-10 and keep a copy of the receipt at the towing company's place of
2-11 business.
2-12 (e) On January 1 of each odd-numbered year, the maximum fee
2-13 under Subsection (b)(1), (2), or (3) is increased by $10 and the
2-14 maximum fee under Subsection (c) is increased by $5. The
2-15 department shall publish a schedule of the maximum fees authorized
2-16 after each increase under this subsection.
2-17 (f) A person commits an offense if the person violates this
2-18 section. An offense under this subsection is a Class A
2-19 misdemeanor.
2-20 SECTION 2. Section 643.251(a), Transportation Code, is
2-21 amended to read as follows:
2-22 (a) The department may impose an administrative penalty
2-23 against a motor carrier required to register under Subchapter B
2-24 that violates Subchapter B or C or Section 643.151, 643.152,
2-25 643.153(a)-(f), [or] 643.155, or 643.203 or a rule or order adopted
2-26 under those provisions or Section 643.003. The department shall
2-27 designate one or more employees to investigate violations and
3-1 administer penalties under this section.
3-2 SECTION 3. Section 684.001(5), Transportation Code, is
3-3 amended to read as follows:
3-4 (5) "Towing company" means a person operating a tow
3-5 truck registered under Chapter 643 [1135, Acts of the 70th
3-6 Legislature, Regular Session, 1987 (Article 6687-9b, Vernon's
3-7 Texas Civil Statutes)]. The term includes the owner, operator,
3-8 employee, or agent of a towing company, but does not include a
3-9 political subdivision of the state.
3-10 SECTION 4. This Act takes effect September 1, 1999.
3-11 SECTION 5. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended.