82R10546 SLB-F
By: Hinojosa S.B. No. 1321
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of the towing and storage of vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 2303.160, Occupations
Code, is amended to read as follows:
Sec. 2303.160. RELEASE OF VEHICLES AND CARGO.
SECTION 2. Section 2303.160, Occupations Code, is amended
by adding Subsection (d) to read as follows:
(d) Notwithstanding Subsection (c)(1), a vehicle storage
facility shall release the cargo of a commercial carrier vehicle
received by the facility:
(1) to a person listed in a bill of lading, manifest,
or other transport or cargo ownership document or to the listed
person's representative;
(2) within one hour of receipt of a written request;
and
(3) without charging a fee.
SECTION 3. Section 2308.002, Occupations Code, is amended
by adding Subdivision (1-d) to read as follows:
(1-d) "Commercial carrier" includes a passenger
commercial carrier.
SECTION 4. Section 2308.051(a), Occupations Code, as
amended by Chapters 457 (H.B. 2548) and 845 (S.B. 2153), Acts of the
81st Legislature, Regular Session, 2009, is reenacted and amended
to read as follows:
(a) The advisory board consists of the following members
appointed by the presiding officer of the commission with the
approval of the commission:
(1) one representative of a towing company operating
in a county with a population of less than one million;
(2) one representative of a towing company operating
in a county with a population of one million or more;
(3) one owner of a vehicle storage facility located in
a county with a population of less than one million;
(4) one owner of a vehicle storage facility located in
a county with a population of one million or more;
(5) one parking facility owner;
(6) one law enforcement officer from a county with a
population of less than one million;
(7) one law enforcement officer from a county with a
population of one million or more;
(8) one representative of property and casualty
insurers who write automobile insurance in this state; [and]
(9) one representative of a booting company;
(10) one representative of a trucking company;
(11) one representative of a passenger commercial
carrier; and
(12) [(9)] one public member.
SECTION 5. Subchapter I, Chapter 2308, Occupations Code, is
amended by adding Section 2308.408 to read as follows:
Sec. 2308.408. PROCEDURE FOR INCIDENT MANAGEMENT TOW WITH
OWNER OR OPERATOR PRESENT. (a) This section applies to an incident
management tow when the owner or operator of the vehicle is present
at the time of the tow, including a tow that involves a commercial
carrier.
(b) Before towing a vehicle, the tow truck operator shall:
(1) present a schedule of fees applicable to the tow to
the owner or operator of the vehicle;
(2) obtain the name, telephone number, and address or
business address of the owner or operator;
(3) obtain the name, telephone number, and address or
business address of the person authorizing the tow; and
(4) prepare in duplicate and present to the owner or
operator a statement containing:
(A) the name and address of the tow company;
(B) the permit number of the certificate issued
under Section 2308.106(b);
(C) the license plate number of the tow truck;
(D) the license plate number of the vehicle
towed;
(E) the name, telephone number, and address or
business address of the owner or operator of the vehicle to be
towed;
(F) the name, telephone number, and address or
business address of the person authorizing the tow;
(G) the total amount charged for the tow,
including the number of miles towed;
(H) the daily rate of the vehicle storage
facility to which the vehicle will be towed; and
(I) a separate listing for all recovery fees
associated with the tow.
(c) The tow company shall keep a copy of the statement
prepared under Subsection (b) until the first anniversary of the
date of the tow and make the information available to the department
on request. The tow truck operator shall make the information
required by Subsection (b)(3)(E) available to law enforcement on
request.
(d) The tow company shall submit a report monthly to the
department containing for each tow that involved a commercial
carrier:
(1) the number of miles towed for each tow;
(2) the amount charged for towing; and
(3) any amount charged for recovery.
SECTION 6. Promptly after the effective date of this Act,
the presiding officer of the Texas Commission of Licensing and
Regulation shall appoint to the Towing, Storage, and Booting
Advisory Board a representative of a trucking company and a
representative of a passenger commercial carrier, as required by
Section 2308.051(a), Occupations Code, as amended by this Act. The
presiding officer shall appoint one representative to a term
expiring February 1, 2013, and one member to a term expiring
February 1, 2015.
SECTION 7. The changes in law made by this Act to Section
2303.160, Occupations Code, apply only to a vehicle received in
storage on or after the effective date of this Act. A vehicle
received in storage before the effective date of this Act is
governed by the law in effect on the date the vehicle was received
by the facility, and the former law is continued in effect for that
purpose.
SECTION 8. This Act takes effect September 1, 2011.