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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain counties to operate a roadway |
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clearance program; creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 2308, Occupations Code, is |
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amended by adding Section 2308.210 to read as follows: |
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Sec. 2308.210. ROADWAY CLEARANCE PROGRAM IN CERTAIN |
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COUNTIES; OFFENSE. (a) In this section, "freeway" has the meaning |
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assigned by Section 541.302, Transportation Code. |
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(b) The commissioners court of a county adjacent to a county |
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with a population of more than 3.3 million by order may establish a |
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program: |
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(1) for maintaining the safe movement of traffic on |
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county freeways; and |
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(2) under which a peace officer designated by the |
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sheriff's office or the commissioners court is authorized to |
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direct, at the scene of an incident or remotely, a towing company, |
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only for the purpose of the program, to: |
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(A) remove from a freeway, including the shoulder |
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of a freeway, a vehicle that is impeding the safe movement of |
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traffic; and |
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(B) relocate the vehicle to the closest safe |
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location for the vehicle to be stored. |
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(c) An order under Subsection (b) must ensure the protection |
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of the public and the safe and efficient operation of towing and |
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storage services in the county. |
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(d) The commissioners court of a county operating a program |
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under this section: |
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(1) may enter into an agreement with a federal agency, |
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state agency, municipality, adjacent county, metropolitan rapid |
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transit authority, or regional planning organization or any other |
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governmental entity for the purpose of carrying out the program; |
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and |
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(2) may apply for grants and other funding to carry out |
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the program. |
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(e) A towing company or towing operator commits an offense |
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if the company or operator violates a provision of an order |
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establishing a program under this section relating to: |
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(1) the presence of a tow truck at the scene of an |
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incident on a freeway or other area under the jurisdiction of the |
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program; or |
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(2) the offering of towing or related services on a |
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freeway or other area under the jurisdiction of the program. |
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(f) An offense under Subsection (e) is a misdemeanor |
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punishable by a fine of not less than $1 or more than $200. |
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SECTION 2. This Act takes effect September 1, 2017. |