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A BILL TO BE ENTITLED
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AN ACT
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relating to the removal of a disabled vehicle from a roadway or |
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right-of-way. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2308.002(5-a), Occupations Code, is |
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amended to read as follows: |
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(5-a) "Incident management tow" means any tow of a |
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vehicle in which the tow truck is summoned to the scene of a traffic |
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accident or to an incident, including the removal of a vehicle, |
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commercial cargo, and commercial debris from an accident or |
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incident scene. The term does not include a tow of a vehicle under |
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Section 545.3051(c-1), Transportation Code. |
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SECTION 2. Section 545.3051, Transportation Code, is |
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amended by amending Subsection (c) and adding Subsection (c-1) to |
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read as follows: |
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(c) Except as provided by Subsection (c-1), personal |
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[Personal] property may be removed under this section without the |
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consent of the owner or carrier of the property. |
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(c-1) If the personal property is a vehicle, the owner or |
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person in charge of the vehicle may designate a particular towing |
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company for a consent tow of the vehicle if: |
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(1) the vehicle is: |
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(A) disabled so that normal operation of the |
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vehicle is impossible or impractical; and |
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(B) not obstructing traffic; and |
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(2) the owner or person in charge of the vehicle is: |
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(A) in the immediate vicinity of the vehicle; and |
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(B) not incapacitated and is able to provide |
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instructions for the vehicle's removal. |
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SECTION 3. This Act takes effect September 1, 2015. |