By: Garcia S.B. No. 1502
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to county regulation of the removal and storage of
  unlawfully stopped motor vehicles; authorizing counties to require
  an occupational license or permit and impose a fee for the license
  or permit.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 545.306, Transportation
  Code, is amended to read as follows:
  Sec. 545.306.  REGULATION OF TOWING COMPANIES [IN CERTAIN
  COUNTIES].
         SECTION 2.  Section 545.306, Transportation Code, is amended
  to read as follows:
         (a)  The commissioners court of a county may [with a
  population of 3.3 million or more shall] by order [ordinance]
  provide for the licensing of or the granting of a permit to a person
  to remove or store a vehicle authorized by Section 545.305 to be
  removed in an unincorporated area of the county.
         (b)  The commissioners court of a county may by order provide
  for the licensing of or the granting of a permit to a person to
  remove or store a vehicle authorized by Section 545.305 to be
  removed in an incorporated area of the county only if the county has
  entered into an interlocal agreement with the incorporated area to
  do so.
         (c)  An order [The ordinance] must include rules to ensure
  the protection of the public and the safe and efficient operation of
  towing and storage services in the county and may not regulate or
  restrict the use of lighting equipment more than the extent allowed
  by state and federal law. The sheriff shall determine the rules
  included in the order [ordinance] with the review and consent of the
  commissioners court.
         (d) [(b)]  The commissioners court shall set the fee for the
  license or permit in an amount that reasonably offsets the costs of
  enforcing the order [ordinance]. The commissioners court shall use
  each license or permit fee to pay salaries and expenses of the
  sheriff's office for conducting inspections to determine
  compliance with the order [ordinance] and laws relating to dealers
  in scrap metal and salvage.
         SECTION 3.  This Act takes effect September 1, 2015.