85R21266 JTS-D
By: Miller, Zerwas, Reynolds H.B. No. 2482
Substitute the following for H.B. No. 2482:
By: Hunter C.S.H.B. No. 2482
A BILL TO BE ENTITLED
AN ACT
relating to the authority of certain counties to operate a roadway
clearance program; creating an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 2308, Occupations Code, is
amended by adding Section 2308.210 to read as follows:
Sec. 2308.210. ROADWAY CLEARANCE PROGRAM IN CERTAIN
COUNTIES; OFFENSE. (a) In this section, "freeway" has the meaning
assigned by Section 541.302, Transportation Code.
(b) The commissioners court of a county adjacent to a county
with a population of more than 3.3 million by order may establish a
program:
(1) for maintaining the safe movement of traffic on
county freeways; and
(2) under which a peace officer designated by the
sheriff's office or the commissioners court is authorized to
direct, at the scene of an incident or remotely, a towing company,
only for the purpose of the program, to:
(A) remove from a freeway, including the shoulder
of a freeway, a vehicle that is impeding the safe movement of
traffic; and
(B) relocate the vehicle to the closest safe
location for the vehicle to be stored.
(c) An order under Subsection (b) must ensure the protection
of the public and the safe and efficient operation of towing and
storage services in the county.
(d) The commissioners court of a county operating a program
under this section:
(1) may enter into an agreement with a federal agency,
state agency, municipality, adjacent county, metropolitan rapid
transit authority, or regional planning organization or any other
governmental entity for the purpose of carrying out the program;
and
(2) may apply for grants and other funding to carry out
the program.
(e) A towing company or towing operator commits an offense
if the company or operator violates a provision of an order
establishing a program under this section relating to:
(1) the presence of a tow truck at the scene of an
incident on a freeway or other area under the jurisdiction of the
program; or
(2) the offering of towing or related services on a
freeway or other area under the jurisdiction of the program.
(f) An offense under Subsection (e) is a misdemeanor
punishable by a fine of not less than $1 or more than $200.
SECTION 2. This Act takes effect September 1, 2017.