| 1 | 1 | | 85R5490 BEE-F |
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| 2 | 2 | | By: Isaac H.B. No. 2166 |
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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 Texas Commission of Licensing and Regulation rules on |
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| 8 | 8 | | fees for nonconsent vehicle tows and a study on those fees. |
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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. Sections 2308.0575(a), (c), and (f), Occupations |
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| 11 | 11 | | Code, are amended to read as follows: |
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| 12 | 12 | | (a) To protect the public health and safety, the commission |
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| 13 | 13 | | by rule shall establish: |
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| 14 | 14 | | (1) the fees that may be charged in connection with a |
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| 15 | 15 | | nonconsent [private property] tow; |
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| 16 | 16 | | (2) the maximum amount that may be charged for fees, |
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| 17 | 17 | | other than tow fees, that may be assessed by a towing company in |
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| 18 | 18 | | connection with a nonconsent [private property] tow; and |
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| 19 | 19 | | (3) a maximum amount that may be charged for the |
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| 20 | 20 | | following nonconsent [private property] tows: |
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| 21 | 21 | | (A) standard light-duty tows of motor vehicles |
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| 22 | 22 | | with a gross weight rating of 10,000 pounds or less; |
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| 23 | 23 | | (B) medium-duty tows of motor vehicles with a |
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| 24 | 24 | | gross weight rating of more than 10,000 pounds, but less than 25,000 |
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| 25 | 25 | | pounds; and |
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| 26 | 26 | | (C) heavy-duty tows of motor vehicles with a |
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| 27 | 27 | | gross weight rating that exceeds 25,000 pounds. |
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| 28 | 28 | | (c) The commission may structure the maximum amounts that |
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| 29 | 29 | | may be charged for nonconsent [private property] tows based on |
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| 30 | 30 | | hourly or flat fees or by geographic location. |
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| 31 | 31 | | (f) The department shall contract to conduct a study on |
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| 32 | 32 | | nonconsent [private property] towing fees under this section at |
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| 33 | 33 | | least once every two years. |
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| 34 | 34 | | SECTION 2. Section 2308.202, Occupations Code, is amended |
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| 35 | 35 | | to read as follows: |
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| 36 | 36 | | Sec. 2308.202. REGULATION BY POLITICAL SUBDIVISIONS OF FEES |
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| 37 | 37 | | FOR NONCONSENT TOWS. The governing body of a political subdivision |
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| 38 | 38 | | may regulate the fees that may be charged or collected in connection |
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| 39 | 39 | | with a nonconsent tow originating in the territory of the political |
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| 40 | 40 | | subdivision if the nonconsent [private property] tow fees: |
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| 41 | 41 | | (1) are authorized by commission rule; and |
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| 42 | 42 | | (2) do not exceed the maximum amount authorized by |
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| 43 | 43 | | commission rule. |
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| 44 | 44 | | SECTION 3. This Act takes effect September 1, 2017. |
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