BILL ANALYSIS
By: Hegar
Committee Report (Substituted)
BACKGROUND AND PURPOSE
The growing number of cars and trucks on Texas roads has created an increased number of situations where vehicular accidents are occurring and a towing service is needed for a damaged vehicle. In Fort Bend County, an efficient and orderly manner for removing vehicles that have been involved in wrecks is necessary. Wrecking or tow trucks in many cases attempt to arrive at accident sites first. In doing so, they endanger other motorists by aggressively driving to the accident scene in an attempt to secure the tow for the wreck.
In an attempt to eliminate any reason to try and beat competition to a wreck, C.S.H.B. 1203 creates a mandatory tow truck rotation list for Fort Bend County. The rotation list will be maintained by the Fort Bend County Sheriff’s office. C.S.H.B. 1203 will also create a criminal offense (misdemeanor) for tow truck operators who arrive at a wreck scene without being summoned by the Sheriff’s Office.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
SECTION 1. Amends Subchapter E, Chapter 643, Transportation Code, by adding Section 643.209 which applies to a county with a population of 300,000 or more that is adjacent to a county with a population of 2.3 million or more.
The sheriff’s office is authorized to maintain a list of towing companies to perform nonconsent tows of motor vehicles initiated by a peace officer investigating a traffic accident or incident.
The peace officer is required to notify the sheriff’s office that the tow is being initiated.
The sheriff’s office is required to contact successive towing companies on the tow rotation list until a company agrees to carry out the tow.
The sheriff’s office is authorized to assess a towing company an administrative fee to be included on the tow rotation list. The fee may not exceed the amount necessary to implement this section.
The sheriff’s office is required to adopt policies in a manner that ensures fair distribution.
The sheriff's office is required to make the list available for public inspection.
A person commits an offense that is a misdemeanor punishable by a fine of not less that $1 or more than $200 if the person arrives at the scene of a traffic accident to perform a nonconsent tow without first being contacted by the sheriff’s office; the person directly or indirectly solicits, on streets within the county, towing services, related to a vehicle that has been damaged in an accident to the extent that it cannot be normally and safely driven; or the person enters the scene of a traffic accident, or other area under the control of a peace officer without permission.
SECTION 2. Effective Date
EFFECTIVE DATE
September 1, 2005
COMPARISON OF ORIGINAL TO SUBSTITUTE
The Substitute changes the population bracket of the original from a county with a population of 300,000 or more, to a county with a population of 300,000 or more that is adjacent to a county with a population of 2.3 million or more.
The substitute also adds the requirement that the sheriff's office make the tow rotation list available for public inspection.