78R6302 E
By: Hill H.B. No. 1808
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of tow trucks by political subdivisions
of this state; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 643.053, Transportation Code, is amended
to read as follows:
Sec. 643.053. FILING OF APPLICATION. An application under
Section 643.052 must be filed with the department and accompanied
by:
(1) an application fee of $100 plus a $10 fee for each
vehicle requiring registration the motor carrier proposes to
operate, or in the case of a tow truck, a fee of $25 for each tow
truck registered;
(2) evidence of insurance or financial responsibility
as required by Section 643.103(a); and
(3) any insurance filing fee required under Section
643.103(c).
SECTION 2. Section 643.057, Transportation Code, is amended
to read as follows:
Sec. 643.057. ADDITIONAL VEHICLES AND FEES. (a) A motor
carrier may not operate an additional vehicle requiring
registration unless the carrier pays a registration fee of $10 for
each additional vehicle and in the case of a tow truck a $25 fee for
each tow truck and shows the department evidence of insurance or
financial responsibility for the vehicle in an amount at least
equal to the amount set by the department under Section 643.101.
(b) A motor carrier is not required to pay the $10
registration fee for a vehicle that replaces a vehicle for which the
fee has been paid or the $25 registration fee for a tow truck that
replaces a tow truck.
(c) A registered motor carrier may not transport household
goods or a hazardous material unless the carrier shows the
department evidence of insurance or financial responsibility in an
amount at least equal to the amount set by the department under
Section 643.101 for a vehicle carrying household goods or a
hazardous material.
(d) The department may not collect more than $10 in
equipment registration fees for a vehicle registered under both
this subchapter and Chapter 645 or $25 for each tow truck.
SECTION 3. Section 643.058, Transportation Code, is amended
to read as follows:
Sec. 643.058. RENEWAL OF REGISTRATION. (a) Except as
provided in Section 643.061, a registration issued under this
subchapter is valid for one year. The department may adopt a system
under which registrations expire at different times during the
year.
(b) At least 30 days before the date on which a motor
carrier's registration expires, the department shall notify the
carrier of the impending expiration. The notice must be in writing
and sent to the motor carrier's last known address according to the
records of the department.
(c) A motor carrier may renew a registration under this
subchapter by:
(1) supplementing the application with any new
information required under Section 643.056;
(2) paying a $10 fee for each vehicle or in the case of
a tow truck a fee of $25 requiring registration the carrier
operates; and
(3) providing the department evidence of continuing
insurance or financial responsibility in an amount at least equal
to the amount set by the department under Section 643.101.
SECTION 4. Section 643.101, Transportation Code, is amended
to read as follows:
Sec. 643.101. AMOUNT REQUIRED. (a) A motor carrier
required to register under Subchapter B shall maintain liability
insurance in an amount set by the department for each vehicle
requiring registration the carrier operates.
(b) The department by rule may set the amount of liability
insurance required at an amount that does not exceed the amount
required for a motor carrier under a federal regulation adopted
under 49 U.S.C. Section 13906(a)(1). In setting the amount the
department shall consider:
(1) the class and size of the vehicle; and
(2) the persons or cargo being transported.
(c) A motor carrier required to register under Subchapter B
that transports household goods shall maintain cargo insurance in
the amount required for a motor carrier transporting household
goods under federal law.
(d) A tow truck as described under Section 643.001(7) which
performs nonconsent tows shall maintain on-hook cargo insurance in
the amount of $50,000.
SECTION 5. Section 643.201, Transportation Code, is amended
to read as follows:
Sec. 643.201. TOW TRUCK REGULATION BY POLITICAL
SUBDIVISIONS. (a) In addition to the registration requirements of
Subchapter B, a political subdivision of this state may regulate
the operation of a tow truck to the extent allowed by federal law.
(b) A political subdivision may not require the
registration of a tow truck that performs consent tows in the
political subdivision unless the owner of the tow truck has a place
of business in the territory of the political subdivision.
(c) A political subdivision may require the registration of
a tow truck that performs a nonconsent tow in the political
subdivision, regardless of whether the owner of the tow truck has a
place of business in the territory of the political subdivision.
(d) A political subdivision may not require a person who
holds a driver's license or commercial driver's license to obtain a
license or permit for operating a tow truck unless the person
performs nonconsent tows in the territory of the political
subdivision. A fee charged for a license or permit may not exceed
$15.
(e) In this section:
(1) "Commercial driver's license" has the meaning
assigned by Section 522.003.
(2) "Consent tow" means any tow of a motor vehicle
initiated by the owner or operator of the vehicle or by a person who
has possession, custody, or control of the vehicle. The term does
not include a tow of a motor vehicle initiated by a peace officer
investigating a traffic accident or a traffic incident that
involves the vehicle.
(3) "Driver's license" has the meaning assigned by
Section 521.001.
(4) "Nonconsent tow" means any tow of a motor vehicle
that is not a consent tow.
(f) Fees for nonconsent tows:
(1) A political subdivision may regulate the fee for
any nonconsent tow of a motor vehicle. If the political subdivision
does not regulate the fee for a nonconsent tow of a motor vehicle
from private property, the towing company may charge a fee for
towing and removal of the motor vehicle. Said fee shall not exceed
one and one-half times that fee which would have been charged for a
nonconsent tow made at the request of a law enforcement agency in
the political subdivision in which the private property is located.
(2) Any nonconsent towed motor vehicle shall be
delivered to a vehicle storage facility licensed pursuant to the
Vehicle Storage Facility Act (Article 6687-9a, Revised Statutes).
Upon delivery of the motor vehicle to the vehicle storage facility,
all storage and notification fees for nonconsent tows shall be
regulated by the Vehicle Storage Facility Act (Article 6687-9a,
Revised Statutes). Except as provided by this Act or the Vehicle
Storage Facility Act (Article 6687-9a, Revised Statutes), no fees
may be charged without prior written consent of the vehicle owner or
operator.
(3) All towing and storage fees shall be posted at the
licensed vehicle storage facility in which the motor vehicle has
been delivered and shall be posted in view of the person who claims
the vehicle. The towing company shall before the 31st day of
January of each calendar year submit the nonconsent towing fees to
the department. If such fees are regulated by the political
subdivision and the political subdivision makes a rate change, the
towing company shall submit such changes in the towing fees to the
department within 30 days of the date of the change in fees.
(4) A political subdivision that regulates nonconsent
tow rates shall establish procedures by which towing companies may
request a rate study based upon accounting and financial
information and shall determine a fair value for such services,
reasonably related to any financial or accounting information that
may be provided.
SECTION 6. Section 643.253, Transportation Code, is amended
to read as follows:
Sec. 643.253. CRIMINAL PENALTY. (a) A person commits an
offense if the person fails to:
(1) register as required by Subchapter B or Section
643.153(c);
(2) maintain insurance or evidence of financial
responsibility as required by Subchapter C or Section 643.153; or
(3) keep a cab card in the cab of a vehicle as required
by Section 643.059.
(b) A person commits an offense if the person solicits the
transportation of household goods for compensation and is not
registered as required by Subchapter B or Section 643.153.
(c) An offense under this section is a Class C misdemeanor.
(d) A person commits an offense if the person violates
Section 643.201 or any other rule or regulation for tow trucks.
(1) An offense under this subsection is a Class C
misdemeanor punishable by a fine of not less than $200 and not more
than $1,000.
(2) Any fee not authorized under Section 643.201 shall
be a violation of this section.
(3) Each nonconsent tow is considered a separate
violation.
(4) Any fees charged but not posted in accordance with
this section may be deemed a violation.
(5) Any peace officer may write a ticket for a
violation of this section or the department may suspend or revoke a
permit for a violation.
SECTION 7. Section 685.009, Transportation Code, is amended
to read as follows:
Sec. 685.009. HEARING. (a) A hearing under this chapter
shall be held before the seventh working day after the date the
court receives the request for the hearing.
(b) The court shall notify the person who requested the
hearing and the person or law enforcement agency that authorized
the removal of the vehicle of the date, time, and place of the
hearing.
(c) The issues [sole issue] in a hearing under this chapter
are [is] whether probable cause existed for the removal and
placement of the vehicle and if the towing charges exceed the amount
established in Section ___ of this code.
(d) The court shall make written findings of fact and a
conclusion of law.
(e) The court may award:
(1) court costs to the prevailing party; [and]
(2) the reasonable cost of photographs submitted under
Section 685.007(b)(8) to a vehicle owner or operator who is the
prevailing party; and
(3) any towing amounts charged to a vehicle owner or
operator that are in excess of the limits set in Section ___ of this
code.
SECTION 8. This Act takes effect September 1, 2003.