Bill Text: TX HB2781 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to county authority related to the removal and storage of vehicles and other personal property from a roadway and the regulation of vehicle storage facilities, junkyards, and automobile wrecking and salvage yards; authorizing fees.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2017-03-27 - Referred to County Affairs [HB2781 Detail]
Download: Texas-2017-HB2781-Introduced.html
85R7928 JTS-F | ||
By: Miller | H.B. No. 2781 |
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relating to county authority related to the removal and storage of | ||
vehicles and other personal property from a roadway and the | ||
regulation of vehicle storage facilities, junkyards, and | ||
automobile wrecking and salvage yards; authorizing fees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 2303, Occupations Code, is amended by | ||
adding Subchapter E to read as follows: | ||
SUBCHAPTER E. COUNTY REGULATION | ||
Sec. 2303.201. REGULATION BY CERTAIN COUNTIES. (a) This | ||
section applies only to: | ||
(1) a county with a population of 3.3 million or more; | ||
and | ||
(2) a county adjacent to a county described by | ||
Subdivision (1). | ||
(b) A county may regulate the operation of a vehicle storage | ||
facility located in the unincorporated area of the county in a | ||
manner that is not more restrictive than this chapter or Chapter 396 | ||
or 397, Transportation Code. | ||
SECTION 2. Section 2308.209, Occupations Code, is amended | ||
by amending Subsections (c), (d), and (e) and adding Subsection | ||
(c-1) to read as follows: | ||
(c) A [ |
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companies to perform: | ||
(1) nonconsent tows of motor vehicles initiated by a | ||
peace officer investigating a traffic accident or a traffic | ||
incident; and | ||
(2) nonconsent tows of motor vehicles and removal of | ||
other personal property as part of a program under Section | ||
2308.210. | ||
(c-1) The towing companies must operate in a county to which | ||
this section applies. | ||
(d) After being notified of the need for a nonconsent tow | ||
described by Subsection (c)(1) or (2), the [ |
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the tow rotation list until a company agrees to carry out the tow. | ||
(e) The commissioners court of a county [ |
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may assess a towing company an administrative fee, in addition to an | ||
amount under Section 2308.201 or 2308.210, to be included on the tow | ||
rotation list in an amount not to exceed the amount necessary to | ||
implement this section. | ||
SECTION 3. Subchapter E, Chapter 2308, Occupations Code, is | ||
amended by adding Section 2308.210 to read as follows: | ||
Sec. 2308.210. ROADWAY CLEARANCE PROGRAM IN CERTAIN | ||
COUNTIES. (a) The commissioners court of a county adjacent to a | ||
county with a population of more than 3.3 million by order may | ||
establish a program under which an employee of the sheriff's | ||
department designated by the sheriff or the commissioners court is | ||
authorized to direct, without the involvement of a peace officer, a | ||
towing company to: | ||
(1) remove from a roadway personal property, including | ||
a vehicle, that is impeding the safe movement of traffic; and | ||
(2) relocate the property to: | ||
(A) the closest safe location for the property to | ||
be stored; or | ||
(B) for a vehicle, a vehicle storage facility | ||
authorized to store vehicles under the program. | ||
(b) An order under Subsection (a): | ||
(1) must ensure the protection of the public and the | ||
safe and efficient operation of towing and storage services in the | ||
county; and | ||
(2) may require a towing company or storage facility | ||
to pay a fee, in addition to a fee under Section 2308.201 or | ||
2308.209, for participation in the program. Fees under this | ||
subsection: | ||
(A) shall be deposited to the credit of the | ||
county's general fund; and | ||
(B) may be used only to compensate the sheriff's | ||
office for expenses and salaries associated with administering the | ||
program. | ||
(c) The commissioners court of a county operating a program | ||
under this section: | ||
(1) may enter into an agreement with a federal agency, | ||
state agency, municipality, adjacent county, metropolitan rapid | ||
transit authority, or regional planning organization or any other | ||
governmental entity for the purpose of carrying out the program; | ||
and | ||
(2) may apply for grants and other funding to carry out | ||
the program. | ||
SECTION 4. Section 396.041(c), Transportation Code, is | ||
amended to read as follows: | ||
(c) An ordinance may: | ||
(1) impose a fee of $25 for the issuance or renewal of | ||
a license; | ||
(2) impose a fee of not more than: | ||
(A) $150 for the issuance or renewal of a | ||
license, if the ordinance is adopted by the commissioners court of: | ||
(i) a county with a population of one | ||
million or more that contains two or more municipalities, each of | ||
which has a population of 250,000 or more; or | ||
(ii) a county with a population of 450,000 | ||
or more that is adjacent to a county with a population of 3.3 | ||
million; or | ||
(B) $500 for the issuance or renewal of a | ||
license, if the ordinance is adopted by the commissioners court of a | ||
county with a population of 3.3 million or more; | ||
(3) condition the license on the operation of the | ||
junkyard or automotive wrecking and salvage yard only at a location | ||
approved by the commissioners court; or | ||
(4) establish grounds for suspending or revoking a | ||
license if the junkyard or automotive wrecking and salvage yard is | ||
not screened. | ||
SECTION 5. Section 397.001, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 397.001. APPLICABILITY OF CHAPTER. This chapter | ||
applies only to an automotive wrecking and salvage yard that: | ||
(1) is located in: | ||
(A) a county with a population of 3.3 million or | ||
more; or | ||
(B) a county with a population of 450,000 or more | ||
that is adjacent to a county with a population of 3.3 million; | ||
(2) is not located within a municipality in that | ||
county; and | ||
(3) is established on or after September 1, 1983. | ||
SECTION 6. This Act takes effect September 1, 2017. |