SRC-SEW H.B. 1681 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1681
77R3479 JD-FBy: Bosse (Cain)
Intergovernmental Relations
5/4/2001
Engrossed


DIGEST AND PURPOSE 

Since the federal deregulation of the commercial trucking industry,
communities have experienced problems related to the vehicle towing
industry. Recent court decisions have left a local government's authority
to regulate towing in question. In addition, the current definition of a
consent tow has been construed to include a tow from the scene of a traffic
accident, which may lead to problems in controlling an accident scene. H.B.
1681 extends to all political subdivisions of the state the authority to
regulate towing, and clarifies the definition of a consent tow and a
nonconsent tow to exclude tows from the scene of an accident initiated by a
peace officer.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 643.201, Transportation Code, as follows:
 
Sec. 643.201.  New heading:  TOW TRUCK REGULATION BY POLITICAL
SUBDIVISIONS. Authorizes a political subdivision of this state (rather than
a municipality), in addition to the registration requirements of Subchapter
B, to regulate the operation of a tow truck to the extent allowed by
federal law.  Makes conforming changes.  Redefines "consent tow" and
"nonconsent tow." 

SECTION 2.  Effective date:  September 1, 2001.