Bill Text: TX HB3950 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the maintenance of a tow rotation list by the commissioners court or sheriff's office of certain counties; authorizing fees; creating a criminal offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-04-19 - Withdrawn from schedule [HB3950 Detail]
Download: Texas-2023-HB3950-Introduced.html
88R13360 BEE-D | ||
By: Kitzman | H.B. No. 3950 |
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relating to the maintenance of a tow rotation list by the | ||
commissioners court or sheriff's office of certain counties; | ||
authorizing fees; creating a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2308.209, Occupations Code, is amended | ||
by adding Subsection (b-1) to read as follows: | ||
(b-1) Notwithstanding Subsection (b), this section does not | ||
apply to a county with a population of 800,000 or more that is | ||
adjacent to a county with a population of 3.3 million or more. | ||
SECTION 2. Subchapter E, Chapter 2308, Occupations Code, is | ||
amended by adding Section 2308.2095 to read as follows: | ||
Sec. 2308.2095. COUNTY ADMINISTRATION OF TOW ROTATION LIST | ||
IN CERTAIN COUNTIES. (a) This section applies only to the | ||
unincorporated area of a county with a population of 800,000 or more | ||
that is adjacent to a county with a population of 3.3 million or | ||
more. | ||
(b) A commissioners court may maintain a list of towing | ||
companies to perform nonconsent tows of motor vehicles initiated by | ||
a peace officer investigating a traffic accident or a traffic | ||
incident. The towing companies must operate in a county to which | ||
this section applies. | ||
(c) A commissioners court of a county may delegate to the | ||
sheriff's office of a county the authority under Subsection (b) to | ||
maintain a list of towing companies. | ||
(d) A peace officer initiating a nonconsent tow of a motor | ||
vehicle involved in a traffic accident or traffic incident that the | ||
officer is investigating shall notify the commissioners court or | ||
sheriff's office, as applicable, that the tow is being initiated. | ||
The commissioners court or sheriff's office, as applicable, shall | ||
contact successive towing companies on the tow rotation list until | ||
a company agrees to carry out the tow. | ||
(e) The commissioners court or sheriff's office, as | ||
applicable, may impose an administrative fee on: | ||
(1) a towing company for inclusion on the tow rotation | ||
list; and | ||
(2) the operator of a vehicle subject to a nonconsent | ||
tow performed by a towing company included on the tow rotation list | ||
for facilitating the tow. | ||
(f) The amount of the fees collected under Subsection (e) | ||
may not exceed the amount necessary to implement this section. | ||
(g) The towing company performing the tow shall collect an | ||
administrative fee imposed under Subsection (e)(2) and remit the | ||
fee to the county. A fee collected under this subsection is | ||
separate from a fee collected by the towing company for performing | ||
the tow. | ||
(h) The commissioners court of a county in which a list is | ||
maintained under Subsection (b) shall adopt policies to implement | ||
this section in a manner that ensures: | ||
(1) equal distribution of nonconsent tows among the | ||
towing companies that perform nonconsent tows in the county; and | ||
(2) consumer protection, including fair pricing, for | ||
owners or operators of motor vehicles towed by towing companies on | ||
the tow rotation list. | ||
(i) The commissioners court or sheriff's office, as | ||
applicable, shall make a list maintained under this section | ||
available for public inspection. | ||
(j) In a county in which a list is maintained under | ||
Subsection (b), a person commits an offense if: | ||
(1) the person arrives at the scene of a traffic | ||
accident or traffic incident to perform a nonconsent tow of a motor | ||
vehicle without first being contacted by the commissioners court or | ||
sheriff's office, as applicable; | ||
(2) the person directly or indirectly solicits, on | ||
streets located in the county, towing services, including towing, | ||
removing, repairing, wrecking, storing, trading, selling, or | ||
purchasing related to a vehicle that has been damaged in an accident | ||
to the extent that it cannot be normally and safely driven; or | ||
(3) the person enters the scene of a traffic accident, | ||
traffic incident, or other area under the control of a peace officer | ||
without the permission of the peace officer. | ||
(k) An offense under Subsection (j) is a misdemeanor | ||
punishable by a fine of not less than $1 or more than $200. | ||
SECTION 3. 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. | ||
SECTION 4. This Act takes effect September 1, 2023. |