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A BILL TO BE ENTITLED
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AN ACT
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relating to Texas Commission of Licensing and Regulation rules on |
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fees for nonconsent vehicle tows and a study on those fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 2308.0575(a), (c), and (f), Occupations |
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Code, are amended to read as follows: |
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(a) To protect the public health and safety, the commission |
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by rule shall establish: |
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(1) the fees that may be charged in connection with a |
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nonconsent [private property] tow; |
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(2) the maximum amount that may be charged for fees, |
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other than tow fees, that may be assessed by a towing company in |
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connection with a nonconsent [private property] tow; and |
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(3) a maximum amount that may be charged for the |
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following nonconsent [private property] tows: |
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(A) standard light-duty tows of motor vehicles |
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with a gross weight rating of 10,000 pounds or less; |
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(B) medium-duty tows of motor vehicles with a |
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gross weight rating of more than 10,000 pounds, but less than 25,000 |
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pounds; and |
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(C) heavy-duty tows of motor vehicles with a |
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gross weight rating that exceeds 25,000 pounds. |
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(c) The commission may structure the maximum amounts that |
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may be charged for nonconsent [private property] tows based on |
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hourly or flat fees or by geographic location. |
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(f) The department shall contract to conduct a study on |
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nonconsent [private property] towing fees under this section at |
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least once every two years. |
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SECTION 2. Section 2308.202, Occupations Code, is amended |
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to read as follows: |
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Sec. 2308.202. REGULATION BY POLITICAL SUBDIVISIONS OF FEES |
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FOR NONCONSENT TOWS. The governing body of a political subdivision |
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may regulate the fees that may be charged or collected in connection |
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with a nonconsent tow originating in the territory of the political |
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subdivision if the nonconsent [private property] tow fees: |
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(1) are authorized by commission rule; and |
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(2) do not exceed the maximum amount authorized by |
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commission rule. |
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SECTION 3. This Act takes effect September 1, 2017. |