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A BILL TO BE ENTITLED
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AN ACT
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relating to county regulation of the removal and storage of |
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unlawfully stopped motor vehicles; authorizing counties to require |
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an occupational license or permit and impose a fee for the license |
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or permit. |
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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 545.306, Transportation |
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Code, is amended to read as follows: |
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Sec. 545.306. REGULATION OF TOWING COMPANIES [IN CERTAIN
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COUNTIES]. |
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SECTION 2. Section 545.306, Transportation Code, is amended |
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to read as follows: |
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(a) The commissioners court of a county may [with a
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population of 3.3 million or more shall] by order [ordinance] |
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provide for the licensing of or the granting of a permit to a person |
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to remove or store a vehicle authorized by Section 545.305 to be |
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removed in an unincorporated area of the county. |
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(b) The commissioners court of a county may by order provide |
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for the licensing of or the granting of a permit to a person to |
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remove or store a vehicle authorized by Section 545.305 to be |
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removed in an incorporated area of the county only if the county has |
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entered into an interlocal agreement with the incorporated area to |
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do so. |
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(c) An order [The ordinance] must include rules to ensure |
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the protection of the public and the safe and efficient operation of |
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towing and storage services in the county and may not regulate or |
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restrict the use of lighting equipment more than the extent allowed |
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by state and federal law. The sheriff shall determine the rules |
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included in the order [ordinance] with the review and consent of the |
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commissioners court. |
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(d) [(b)] The commissioners court shall set the fee for the |
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license or permit in an amount that reasonably offsets the costs of |
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enforcing the order [ordinance]. The commissioners court shall use |
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each license or permit fee to pay salaries and expenses of the |
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sheriff's office for conducting inspections to determine |
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compliance with the order [ordinance] and laws relating to dealers |
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in scrap metal and salvage. |
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SECTION 3. This Act takes effect September 1, 2015. |