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79R5397 MTB-D

By:  Hegar                                                        H.B. No. 1203



A BILL TO BE ENTITLED

AN ACT

relating to the establishment of a tow truck rotation list in 
certain counties; providing a penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter E, Chapter 643, Transportation Code, 
is amended by adding Section 643.209 to read as follows:
	Sec. 643.209.  TOW ROTATION LIST IN CERTAIN COUNTIES.  (a)  
In this section, "nonconsent tow" has the meaning assigned by 
Section 643.201.
	(b)  This section applies only to a county with a population 
of 300,000 or more.
	(c)  The sheriff's office may maintain a list of towing 
companies to perform nonconsent tows of motor vehicles initiated by 
a peace officer investigating a traffic accident or a traffic 
incident.
	(d)  A peace officer initiating a nonconsent tow of a motor 
vehicle involved in a traffic accident or traffic incident that the 
officer is investigating shall notify the sheriff's office that the 
tow is being initiated.  The office shall contact successive towing 
companies on the tow rotation list until a company agrees to carry 
out the tow.
	(e)  The sheriff's office may assess a towing company an 
administrative fee to be included on the tow rotation list in an 
amount not to exceed the amount necessary to implement this 
section.
	(f)  The sheriff's office shall adopt policies to implement 
this section in a manner that ensures fair distribution of 
nonconsent tows among the towing companies that perform nonconsent 
tows in the county.
	(g)  In a county in which a list is maintained under 
Subsection (c), a person commits an offense if:
		(1)  the person arrives at the scene of a traffic 
accident or traffic incident to perform a nonconsent tow of a motor 
vehicle without first being contacted by the sheriff's office;
		(2)  the person directly or indirectly solicits, on 
streets located in the county, towing services, including towing, 
removing, repairing, wrecking, storing, trading, selling, or 
purchasing related to a vehicle that has been damaged in an accident 
to the extent that it cannot be normally and safely driven; or
		(3)  the person enters the scene of a traffic accident, 
traffic incident, or other area under the control of a peace officer 
without the permission of the peace officer.
	(h)  An offense under Subsection (g) is a misdemeanor 
punishable by a fine of not less than $1 or more than $200.
	SECTION 2.  This Act takes effect September 1, 2005.