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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of a tow truck rotation list in |
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certain counties; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 643, Transportation Code, |
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is amended by adding Section 643.209 to read as follows: |
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Sec. 643.209. TOW ROTATION LIST IN CERTAIN COUNTIES. (a) |
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In this section, "nonconsent tow" has the meaning assigned by |
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Section 643.201. |
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(b) This section applies only to the unincorporated area of |
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a county: |
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(1) with a population of 300,000 or more that is |
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adjacent to a county with a population of 2.3 million or more; |
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(2) with a population of less than 10,000 that is |
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located in a national forest; and |
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(3) adjacent to a county described by Subdivision (2) |
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that has a population of less than 75,000. |
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(c) The sheriff's office may maintain a list of towing |
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companies to perform nonconsent tows of motor vehicles initiated by |
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a peace officer investigating a traffic accident or a traffic |
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incident. The towing companies must operate in a county to which |
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this section applies. |
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(d) A peace officer initiating a nonconsent tow of a motor |
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vehicle involved in a traffic accident or traffic incident that the |
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officer is investigating shall notify the sheriff's office that the |
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tow is being initiated. The sheriff's office shall contact |
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successive towing companies on the tow rotation list until a |
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company agrees to carry out the tow. |
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(e) The sheriff's office may assess a towing company an |
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administrative fee to be included on the tow rotation list in an |
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amount not to exceed the amount necessary to implement this |
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section. |
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(f) The commissioners court of a county in which a list is |
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maintained under Subsection (c) shall adopt policies to implement |
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this section in a manner that ensures: |
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(1) equal distribution of nonconsent tows among the |
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towing companies that perform nonconsent tows in the county; and |
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(2) consumer protection, including fair pricing, for |
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owners or operators of motor vehicles towed by towing companies on |
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the tow rotation list. |
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(g) The sheriff's office shall make a list maintained under |
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this section available for public inspection. |
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(h) In a county in which a list is maintained under |
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Subsection (c), a person commits an offense if: |
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(1) the person arrives at the scene of a traffic |
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accident or traffic incident to perform a nonconsent tow of a motor |
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vehicle without first being contacted by the sheriff's office; |
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(2) the person directly or indirectly solicits, on |
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streets located in the county, towing services, including towing, |
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removing, repairing, wrecking, storing, trading, selling, or |
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purchasing related to a vehicle that has been damaged in an accident |
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to the extent that it cannot be normally and safely driven; or |
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(3) the person enters the scene of a traffic accident, |
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traffic incident, or other area under the control of a peace officer |
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without the permission of the peace officer. |
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(i) An offense under Subsection (h) is a misdemeanor |
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punishable by a fine of not less than $1 or more than $200. |
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SECTION 2. This Act takes effect September 1, 2007. |