85R5490 BEE-F
By: Isaac H.B. No. 2166
A BILL TO BE ENTITLED
AN ACT
relating to Texas Commission of Licensing and Regulation rules on
fees for nonconsent vehicle tows and a study on those fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 2308.0575(a), (c), and (f), Occupations
Code, are amended to read as follows:
(a) To protect the public health and safety, the commission
by rule shall establish:
(1) the fees that may be charged in connection with a
nonconsent [private property] tow;
(2) the maximum amount that may be charged for fees,
other than tow fees, that may be assessed by a towing company in
connection with a nonconsent [private property] tow; and
(3) a maximum amount that may be charged for the
following nonconsent [private property] tows:
(A) standard light-duty tows of motor vehicles
with a gross weight rating of 10,000 pounds or less;
(B) medium-duty tows of motor vehicles with a
gross weight rating of more than 10,000 pounds, but less than 25,000
pounds; and
(C) heavy-duty tows of motor vehicles with a
gross weight rating that exceeds 25,000 pounds.
(c) The commission may structure the maximum amounts that
may be charged for nonconsent [private property] tows based on
hourly or flat fees or by geographic location.
(f) The department shall contract to conduct a study on
nonconsent [private property] towing fees under this section at
least once every two years.
SECTION 2. Section 2308.202, Occupations Code, is amended
to read as follows:
Sec. 2308.202. REGULATION BY POLITICAL SUBDIVISIONS OF FEES
FOR NONCONSENT TOWS. The governing body of a political subdivision
may regulate the fees that may be charged or collected in connection
with a nonconsent tow originating in the territory of the political
subdivision if the nonconsent [private property] tow fees:
(1) are authorized by commission rule; and
(2) do not exceed the maximum amount authorized by
commission rule.
SECTION 3. This Act takes effect September 1, 2017.