| 1 | 1 | | 84R3374 NC-D |
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| 2 | 2 | | By: Sheets H.B. No. 1130 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the removal of a disabled vehicle from a roadway or |
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| 8 | 8 | | right-of-way. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 2308.002(5-a), Occupations Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (5-a) "Incident management tow" means any tow of a |
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| 13 | 13 | | vehicle in which the tow truck is summoned to the scene of a traffic |
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| 14 | 14 | | accident or to an incident, including the removal of a vehicle, |
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| 15 | 15 | | commercial cargo, and commercial debris from an accident or |
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| 16 | 16 | | incident scene. The term does not include a tow of a vehicle under |
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| 17 | 17 | | Section 545.3051(c-1), Transportation Code. |
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| 18 | 18 | | SECTION 2. Section 545.3051, Transportation Code, is |
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| 19 | 19 | | amended by amending Subsection (c) and adding Subsection (c-1) to |
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| 20 | 20 | | read as follows: |
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| 21 | 21 | | (c) Except as provided by Subsection (c-1), personal |
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| 22 | 22 | | [Personal] property may be removed under this section without the |
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| 23 | 23 | | consent of the owner or carrier of the property. |
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| 24 | 24 | | (c-1) If the personal property is a vehicle, the owner or |
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| 25 | 25 | | person in charge of the vehicle may designate a particular towing |
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| 26 | 26 | | company for a consent tow of the vehicle if: |
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| 27 | 27 | | (1) the vehicle is: |
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| 28 | 28 | | (A) disabled so that normal operation of the |
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| 29 | 29 | | vehicle is impossible or impractical; and |
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| 30 | 30 | | (B) not obstructing traffic; and |
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| 31 | 31 | | (2) the owner or person in charge of the vehicle is: |
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| 32 | 32 | | (A) in the immediate vicinity of the vehicle; and |
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| 33 | 33 | | (B) not incapacitated and is able to provide |
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| 34 | 34 | | instructions for the vehicle's removal. |
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| 35 | 35 | | SECTION 3. This Act takes effect September 1, 2015. |
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