Amend HB 1770 (house committee printing) as follows:

(1)  On page 1, lines 4-5, strike "545.157(a), Transportation Code, is amended" and substitute "545.157, Transportation Code, is amended by amending Subsections (a) and (c) and adding Subsection (c-1)".

(2)  On page 1, strike lines 10-11 and substitute the following:

(2)  a [stationary] tow truck performing towing duties under Chapter 2308, Occupations Code, and using equipment authorized by Section 547.305(d); [and]

(3)  On page 1, between lines 18 and 19, insert the following:

(c)  A person who violates Subsection (b) commits an offense. An offense under [violation of] this subsection [section] is[:

[(1)]  a misdemeanor punishable by a fine of not less than $250 or more than $500, except that the offense is:

(1)  [under Section 542.401;

[(2)]  a misdemeanor punishable by a fine of not less than $500 or more than $1,000 if the violation results in property damage; or

(2) [(3)]  a Class B misdemeanor if the violation results in bodily injury.

(4)  Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill accordingly:

SECTION ____.  Section 545.3051(e), Transportation Code, is amended to read as follows:

(e)  Notwithstanding any other provision of law, an authority, [or] a law enforcement agency, or a towing company performing towing duties under Chapter 2308, Occupations Code, authorized by an authority or law enforcement agency is not liable for:

(1)  any damage to personal property removed from a roadway or right-of-way under this section, unless the removal is carried out recklessly or in a grossly negligent manner; or

(2)  any damage resulting from the failure to exercise the authority granted by this section.

SECTION ____.  The changes in law made by this Act apply only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.