By: Garcia S.B. No. 1502
A BILL TO BE ENTITLED
AN ACT
relating to county regulation of the removal and storage of
unlawfully stopped motor vehicles; authorizing counties to require
an occupational license or permit and impose a fee for the license
or permit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 545.306, Transportation
Code, is amended to read as follows:
Sec. 545.306. REGULATION OF TOWING COMPANIES [IN CERTAIN
COUNTIES].
SECTION 2. Section 545.306, Transportation Code, is amended
to read as follows:
(a) The commissioners court of a county may [with a
population of 3.3 million or more shall] by order [ordinance]
provide for the licensing of or the granting of a permit to a person
to remove or store a vehicle authorized by Section 545.305 to be
removed in an unincorporated area of the county.
(b) The commissioners court of a county may by order provide
for the licensing of or the granting of a permit to a person to
remove or store a vehicle authorized by Section 545.305 to be
removed in an incorporated area of the county only if the county has
entered into an interlocal agreement with the incorporated area to
do so.
(c) An order [The ordinance] must include rules to ensure
the protection of the public and the safe and efficient operation of
towing and storage services in the county and may not regulate or
restrict the use of lighting equipment more than the extent allowed
by state and federal law. The sheriff shall determine the rules
included in the order [ordinance] with the review and consent of the
commissioners court.
(d) [(b)] The commissioners court shall set the fee for the
license or permit in an amount that reasonably offsets the costs of
enforcing the order [ordinance]. The commissioners court shall use
each license or permit fee to pay salaries and expenses of the
sheriff's office for conducting inspections to determine
compliance with the order [ordinance] and laws relating to dealers
in scrap metal and salvage.
SECTION 3. This Act takes effect September 1, 2015.