87R10659 AJA-F
 
  By: Leach H.B. No. 3220
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to liability arising from incident management towing.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 4, Civil Practice and Remedies Code, is
  amended by adding Chapter 72A to read as follows:
  CHAPTER 72A. LIABILITY OF TOWING COMPANY ARISING FROM INCIDENT
  MANAGEMENT TOWING
         Sec. 72A.001.  DEFINITIONS. In this chapter:
               (1)  "Incident management towing" means the towing of a
  vehicle in which the tow truck is summoned to the scene of a traffic
  accident or to an incident for the removal of a vehicle, commercial
  cargo, and commercial debris from an accident or incident scene.
               (2)  "Towing company" has the meaning assigned by
  Section 2308.002, Occupations Code.
         Sec. 72A.002.  LIABILITY OF TOWING COMPANY. A towing
  company that in good faith provides incident management towing is
  not liable in a civil action for damage to a motor vehicle affected
  by a primary or secondary accident or incident unless the act of
  incident management towing was performed with gross negligence,
  recklessness, or intentional misconduct.
         SECTION 2.  Chapter 72A, Civil Practice and Remedies Code,
  as added by this Act, does not apply to a cause of action that
  accrued before the effective date of this Act. A cause of action
  that accrued before the effective date of this Act is governed by
  the law applicable to the cause of action immediately before that
  date, and the former law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2021.