| TO: | Honorable Terry Keel, Chair, House Committee on Criminal Jurisprudence |
| FROM: | John S. O'Brien, Deputy Director, Legislative Budget Board |
| IN RE: | HB480 by Keel (Relating to the towing and storage of certain vehicles; providing a penalty.), As Introduced |
| Fiscal Year | Probable Net Positive/(Negative) Impact to General Revenue Related Funds |
|---|---|
| 2006 | $0 |
| 2007 | $0 |
| 2008 | $0 |
| 2009 | $0 |
| 2010 | $0 |
| Fiscal Year | Probable Savings/(Cost) from STATE HIGHWAY FUND 6 |
|---|---|
| 2006 | ($2,115,750) |
| 2007 | ($2,115,750) |
| 2008 | ($2,115,750) |
| 2009 | ($2,115,750) |
| 2010 | ($2,115,750) |
The bill would amend the Code of Criminal Procedure, the Occupations Code, and the Transportation Code as it relates to the towing and storing of certain vehicles and provides a penalty for violating certain provisions of the bill.
The bill would require a law enforcement agency that directs the towing and storage of a motor vehicle for an evidentiary, examination, or related purpose to pay the cost of the towing and storage. The agency would not be required to pay for storage beyond the date on which the agency authorizes release of the vehicle to the owner.
The bill would also raise fees that a governmental vehicle storage facility may charge a vehicle owner for daily storage from $15 to $20 for vehicles less than 25 feet long and from $30 to $35 for vehicles that are more than 25 feet long. Additionally, the maximum amount of a notification fee would be increased from $32 to $50.
The bill would increase the punishment for violating chapter 684, Transportation Code, from a fine between $200 and $500 to a Class B misdemeanor. Under current statute, punishment for a Class B misdemeanor is a fine of up to $2,000 and/or confinement of no more than 180 days in jail.
The bill would take effect September 1, 2005.
The provisions of the bill would require any law enforcement agency that directs the towing and storage of a vehicle for evidentiary, examination, or related purposes pay for towing and storage. The Department of Public Safety (DPS) reports 6,359 vehicles were towed and stored for evidentiary, examination, or related purposes in 2004. Of the 6,359 vehicles towed and stored, 1,050 were truck trailers, construction, or farm equipment. The remaining 5,309 vehicles were passenger cars or light trucks.
DPS reports the average towing cost for towing passenger cars or light trucks is $65 and $400 for truck trailers, construction, or farm equipment. The cost for towing under this bill for DPS would be $765,085 ((1,050 x $400) + (5,309 x $65)).
DPS reports the average storage time for vehicles examined was 21 days in 2004. Under the provisions of this bill, the storage fee for truck trailers, construction, or farm equipment would be $35. The cost for storing truck trailers, construction, or farm equipment for an average of 21 days would be $771,750 ((1,050 x $35) x 21).
DPS reports 5,309 passenger cars or light trucks were stored in 2004. Under the provisions of this bill, the storage fee for this type of vehicle would be $20. DPS reports the average storage time for 2,978 passenger cars or light trucks at 21 days and 2 days for 2,331 passenger cars or light trucks. The total estimated costs for storage of passenger cars or light trucks would be $1,344,000 [((2,978 x $20) x 21) + ((2,331 x $20) x 2)]. The total estimated cost for storing all vehicles, under the provisions of this bill would be $2,115,750 ($771,750 + $1,344,000). The total cost for towing and storage all vehicle types under the provisions of this bill would be $2,880,835 ($765,085 + $2,115,750).
| Source Agencies: | 405 Department of Public Safety
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| LBB Staff: | JOB, KJG, JB, SJ, DLBa
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