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