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A BILL TO BE ENTITLED
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AN ACT
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relating to towing fee studies and the amount of nonconsent towing |
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fees in certain political subdivisions; authorizing an increase in |
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existing fees; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2308.203, Occupations Code, is amended |
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to read as follows: |
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Sec. 2308.203. TOWING FEE STUDIES; RATE ADJUSTMENT |
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REQUIRED. (a) The governing body of a political subdivision that |
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regulates nonconsent tow fees shall conduct or contract to conduct |
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a study on the fees for nonconsent tows originating in the territory |
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of the political subdivision at least once every two years |
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[establish procedures by which a towing company may request that a |
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towing fee study be performed]. |
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(b) Not later than 30 days after receiving the results of a |
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towing fee study described by Subsection (a), the [The] governing |
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body of the political subdivision shall: |
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(1) publish the results of the towing fee study and the |
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methodology used to conduct the study on the political |
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subdivision's publicly accessible Internet website; and |
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(2) establish or amend the allowable fees for |
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nonconsent tows at amounts that represent the fair value of the |
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services of a towing company and are reasonably related to any |
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financial or accounting information provided to the governing body. |
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(c) If a political subdivision does not establish or amend |
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the allowable fees for nonconsent tows as required by Subsection |
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(b), the amount of fees that may be charged or collected in |
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connection with a nonconsent tow originating in the territory of |
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the political subdivision: |
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(1) defaults to the fee for a nonconsent tow |
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established by commission rule under Section 2308.0575; and |
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(2) may not be established or amended by the governing |
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body of the political subdivision as authorized by Subsection (b) |
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until another towing fee study is conducted. |
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(d) Subsection (c) applies only to a political subdivision |
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in a county with a population of 750,000 or more. |
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(e) In addition to the other fees authorized under this |
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section, the governing body of a political subdivision may impose |
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an administrative fee for each nonconsent tow originating in the |
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political subdivision in an amount reasonably necessary to cover |
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the political subdivision's cost of conducting a towing fee study |
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under this section. The political subdivision shall maintain a |
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separate account for administrative fees collected under this |
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subsection. Administrative fees collected under this subsection |
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may be used only by the governing body of the political subdivision |
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to cover costs associated with conducting or contracting to conduct |
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a towing fee study under this section. |
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SECTION 2. Section 2308.505, Occupations Code, is amended |
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by amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) A person commits an offense if the person: |
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(1) violates an ordinance, resolution, order, rule, or |
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regulation of a political subdivision adopted under Section |
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2308.201, 2308.202, or 2308.2085 for which the political |
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subdivision does not prescribe the penalty; |
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(2) charges or collects a fee in a political |
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subdivision that regulates the operation of tow trucks under |
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Section 2308.201 or 2308.202 or booting under Section 2308.2085 |
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that is not authorized or is greater than the authorized amount of |
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the fee; |
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(3) [charges or collects a fee greater than the amount |
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authorized under Section 2308.204; |
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[(4) charges or collects a fee in excess of the amount |
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filed with the department under Section 2308.206; |
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[(5)] violates Section 2308.205; or |
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(4) [(6)] violates a rule of the department applicable |
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to a tow truck, towing company, or booting company. |
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(c) It is a defense to prosecution under Subsection (a)(2) |
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that the person charges or collects a fee in a political subdivision |
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that regulates the operation of tow trucks under Section 2308.202 |
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in an amount that is authorized under Section 2308.203(c)(1) or |
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(e). |
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SECTION 3. The change in law made by this Act to Section |
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2308.505, Occupations Code, applies only to an offense committed on |
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or after the effective date of this Act. An offense committed |
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before the effective date of this Act is governed by the law in |
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effect on the date the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2025. |