79R8025 JD-F
By:  Talton                                                       H.B. No. 2799
A BILL TO BE ENTITLED
AN ACT
relating to the removal of vehicles and property from a roadway in a 
political subdivision and to the authority of a political 
subdivision to establish a traffic incident management program.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 502.003, Transportation Code, is amended 
by amending Subsection (c) and adding Subsection (f) to read as 
follows:
	(c)  A fee or charge under Subsection (b) or (f)(1) may not 
exceed two percent of the annual gross receipts from the vehicle.
	(f)  This section does not:                                             
		(1)  affect the authority of a political subdivision to 
impose any type of fee or charge on a towing company, as defined by 
Section 545.001, that is related to the towing of a motor vehicle at 
the request of a peace officer or an authorized employee of the 
political subdivision; or
		(2)  impair the payment provisions of an agreement or 
franchise between a political subdivision and a towing company, as 
defined by Section 545.001, that is related to the towing of motor 
vehicles owned or operated by the political subdivision.
	SECTION 2.  Section 545.001, Transportation Code, is amended 
to read as follows:
	Sec. 545.001.  DEFINITIONS [DEFINITION].  In this chapter:
		(1)  "Pass" [, "pass"] or "passing" used in reference 
to a vehicle means to overtake and proceed past another vehicle 
moving in the same direction as the passing vehicle or to attempt 
that maneuver.
		(2)  "Safe drop location" means a location that is well 
lighted, has a public telephone, and has public restrooms.
		(3)  "Towing company" means an individual, 
corporation, partnership, or other association engaged in the 
business of towing vehicles on a highway for compensation or with 
the expectation of compensation for the towing or storage of the 
vehicles and includes the owner, operator, employee, or agent of a 
towing company.
		(4)  "Vehicle storage facility" means a garage, parking 
lot, or other facility that is operated by a person who holds a 
license issued under Chapter 2303, Occupations Code, to operate the 
garage, parking lot, or other facility.
	SECTION 3.  Sections 545.305(a) and (b), Transportation 
Code, are amended to read as follows:
	(a)  A peace officer listed in [under] Article 2.12, Code of 
Criminal Procedure, or a license and weight inspector of the 
department may remove or require the operator or a person in charge 
of a vehicle to move a vehicle from a highway if the vehicle:
		(1)  is unattended on a bridge, viaduct, or causeway or 
in a tube or tunnel and the vehicle is obstructing traffic;
		(2)  is unlawfully parked and blocking the entrance to 
a private driveway;  
		(3)  has been reported as stolen;                                             
		(4)  is identified as having been stolen in a warrant 
issued on the filing of a complaint;
		(5)  is unattended and the officer has reasonable 
grounds to believe that the vehicle has been abandoned for longer 
than 48 hours;
		(6)  is disabled so that normal operation is impossible 
or impractical and the owner or person in charge of the vehicle is:
			(A)  incapacitated and unable to provide for the 
vehicle's removal or custody;  or
			(B)  not in the immediate vicinity of the vehicle;                           
		(7)  is disabled so that normal operation is impossible 
or impractical and the owner or person in charge of the vehicle does 
not designate a particular towing or vehicle storage facility
[company];
		(8)  is operated by a person an officer arrests for an 
alleged offense and the officer is required by law to take the 
person into custody;  or
		(9)  is, in the opinion of the officer, a hazard, 
interferes with a normal function of a governmental agency, or 
because of a catastrophe, emergency, or unusual circumstance is 
imperiled.
	(b)  An officer acting under Subsection (a) may require that 
the vehicle be taken to:
		(1)  a safe drop location [the nearest garage or other 
place of safety];
		(2)  a garage designated or maintained by the 
governmental agency that employs the officer;  [or]
		(3)  a vehicle storage facility; or                                    
		(4) a position off the paved or main traveled part of 
the highway.   
	SECTION 4.  Section 545.3051(d), Transportation Code, is 
amended to read as follows:
	(d)  The owner and any carrier of personal property removed 
under this section shall reimburse the authority, [or] law 
enforcement agency, or towing company for any reasonable cost of 
removal and disposition of the property.
	SECTION 5.  Subchapter G, Chapter 545, Transportation Code, 
is amended by adding Section 545.309 to read as follows:
	Sec. 545.309.  TRAFFIC INCIDENT MANAGEMENT PROGRAM.  (a)  In 
this section, "traffic incident" means a non-recurrent event that 
causes a temporary reduction in roadway capacity or an abnormal 
increase in traffic demand on a roadway or right-of-way.
	(b)  A political subdivision may establish a traffic 
incident management program to provide for the safe and efficient 
removal of personal property from a roadway or right-of-way in the 
political subdivision.
	(c)  As part of its traffic incident management program, a  
political subdivision may:
		(1)  enter into an agreement with one or more towing 
companies to provide traffic incident management towing; and
		(2)  impose fees as authorized by Section 502.003 that 
may be applied only to the traffic incident management program.
	(d)  A political subdivision may pay a towing company for 
traffic incident management towing and storage.   If a political 
subdivision does not pay the towing company, the owner of a vehicle 
that is towed or stored under this section is liable for all 
reasonable towing and storage fees incurred.
	(e)  In connection with its traffic incident management 
program, a political subdivision shall comply with Section 643.204 
and ensure that fees collected from the owner or operator of a 
vehicle involved in a traffic incident for services provided by a 
towing company do not exceed the allowable amounts established by 
the political subdivision under that section.
	(f)  A towing company that provides traffic incident 
management towing:
		(1)  shall maintain insurance as required by Chapter 
643 and comply with each fee provision in that chapter;
		(2)  may not use a driver who:                                         
			(A)  is not certified by the National Drivers 
Certification Program of the Towing & Recovery Association of 
America for the size tow truck to be driven; or
			(B)  has been convicted of a felony in the 
preceding seven years;   
		(3)  shall provide annual training for drivers in 
incident practices; and
		(4)  shall provide appropriate equipment for the towing 
and recovery of light duty or heavy duty vehicles in accordance with 
the vehicle manufacturer's towing guidelines.
	(g)  To ensure compliance with Subsection (f)(2), a towing 
company shall verify the criminal record of each driver through the 
criminal history record information maintained by the department.  
A political subdivision may impose stricter limitations on the 
employment of drivers with felony convictions than the limitation 
established by this section.
	(h)  A vehicle that is towed in connection with a traffic 
incident management program must be taken to:
		(1)  a safe drop location;                                             
		(2)  a garage designated or maintained by the political 
subdivision; 
		(3)  a vehicle storage facility; or                                    
		(4)  a position off the paved or main traveled part of 
the roadway or right-of-way.
	SECTION 6.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.