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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of the towing and storage of vehicles. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 2303.160, Occupations |
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Code, is amended to read as follows: |
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Sec. 2303.160. RELEASE OF VEHICLES AND CARGO. |
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SECTION 2. Section 2303.160, Occupations Code, is amended |
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by adding Subsection (d) to read as follows: |
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(d) Notwithstanding Subsection (c)(1), a vehicle storage |
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facility shall release the cargo of a commercial carrier vehicle |
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received by the facility: |
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(1) to a person listed in a bill of lading, manifest, |
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or other transport or cargo ownership document or to the listed |
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person's representative; |
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(2) within one hour of receipt of a written request; |
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and |
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(3) without charging a fee. |
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SECTION 3. Section 2308.002, Occupations Code, is amended |
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by adding Subdivision (1-d) to read as follows: |
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(1-d) "Commercial carrier" includes a passenger |
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commercial carrier. |
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SECTION 4. Section 2308.051(a), Occupations Code, as |
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amended by Chapters 457 (H.B. 2548) and 845 (S.B. 2153), Acts of the |
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81st Legislature, Regular Session, 2009, is reenacted and amended |
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to read as follows: |
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(a) The advisory board consists of the following members |
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appointed by the presiding officer of the commission with the |
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approval of the commission: |
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(1) one representative of a towing company operating |
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in a county with a population of less than one million; |
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(2) one representative of a towing company operating |
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in a county with a population of one million or more; |
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(3) one owner of a vehicle storage facility located in |
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a county with a population of less than one million; |
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(4) one owner of a vehicle storage facility located in |
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a county with a population of one million or more; |
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(5) one parking facility owner; |
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(6) one law enforcement officer from a county with a |
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population of less than one million; |
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(7) one law enforcement officer from a county with a |
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population of one million or more; |
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(8) one representative of property and casualty |
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insurers who write automobile insurance in this state; [and] |
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(9) one representative of a booting company; |
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(10) one representative of a trucking company; |
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(11) one representative of a passenger commercial |
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carrier; and |
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(12) [(9)] one public member. |
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SECTION 5. Subchapter I, Chapter 2308, Occupations Code, is |
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amended by adding Section 2308.408 to read as follows: |
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Sec. 2308.408. PROCEDURE FOR INCIDENT MANAGEMENT TOW WITH |
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OWNER OR OPERATOR PRESENT. (a) This section applies to an incident |
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management tow when the owner or operator of the vehicle is present |
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at the time of the tow, including a tow that involves a commercial |
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carrier. |
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(b) Before towing a vehicle, the tow truck operator shall: |
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(1) present a schedule of fees applicable to the tow to |
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the owner or operator of the vehicle; |
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(2) obtain the name, telephone number, and address or |
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business address of the owner or operator; |
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(3) obtain the name, telephone number, and address or |
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business address of the person authorizing the tow; and |
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(4) prepare in duplicate and present to the owner or |
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operator a statement containing: |
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(A) the name and address of the tow company; |
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(B) the permit number of the certificate issued |
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under Section 2308.106(b); |
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(C) the license plate number of the tow truck; |
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(D) the license plate number of the vehicle |
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towed; |
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(E) the name, telephone number, and address or |
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business address of the owner or operator of the vehicle to be |
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towed; |
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(F) the name, telephone number, and address or |
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business address of the person authorizing the tow; |
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(G) the total amount charged for the tow, |
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including the number of miles towed; |
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(H) the daily rate of the vehicle storage |
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facility to which the vehicle will be towed; and |
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(I) a separate listing for all recovery fees |
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associated with the tow. |
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(c) The tow company shall keep a copy of the statement |
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prepared under Subsection (b) until the first anniversary of the |
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date of the tow and make the information available to the department |
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on request. The tow truck operator shall make the information |
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required by Subsection (b)(3)(E) available to law enforcement on |
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request. |
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(d) The tow company shall submit a report monthly to the |
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department containing for each tow that involved a commercial |
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carrier: |
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(1) the number of miles towed for each tow; |
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(2) the amount charged for towing; and |
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(3) any amount charged for recovery. |
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SECTION 6. Promptly after the effective date of this Act, |
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the presiding officer of the Texas Commission of Licensing and |
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Regulation shall appoint to the Towing, Storage, and Booting |
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Advisory Board a representative of a trucking company and a |
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representative of a passenger commercial carrier, as required by |
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Section 2308.051(a), Occupations Code, as amended by this Act. The |
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presiding officer shall appoint one representative to a term |
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expiring February 1, 2013, and one member to a term expiring |
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February 1, 2015. |
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SECTION 7. The changes in law made by this Act to Section |
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2303.160, Occupations Code, apply only to a vehicle received in |
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storage on or after the effective date of this Act. A vehicle |
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received in storage before the effective date of this Act is |
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governed by the law in effect on the date the vehicle was received |
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by the facility, and the former law is continued in effect for that |
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purpose. |
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SECTION 8. This Act takes effect September 1, 2011. |