Texas 2017 - 85th Regular

Texas House Bill HB2781 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R7928 JTS-F
2	2	By: Miller H.B. No. 2781
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to county authority related to the removal and storage of
8	8	vehicles and other personal property from a roadway and the
9	9	regulation of vehicle storage facilities, junkyards, and
10	10	automobile wrecking and salvage yards; authorizing fees.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 2303, Occupations Code, is amended by
13	13	adding Subchapter E to read as follows:
14	14	SUBCHAPTER E. COUNTY REGULATION
15	15	Sec. 2303.201. REGULATION BY CERTAIN COUNTIES. (a) This
16	16	section applies only to:
17	17	(1) a county with a population of 3.3 million or more;
18	18	and
19	19	(2) a county adjacent to a county described by
20	20	Subdivision (1).
21	21	(b) A county may regulate the operation of a vehicle storage
22	22	facility located in the unincorporated area of the county in a
23	23	manner that is not more restrictive than this chapter or Chapter 396
24	24	or 397, Transportation Code.
25	25	SECTION 2. Section 2308.209, Occupations Code, is amended
26	26	by amending Subsections (c), (d), and (e) and adding Subsection
27	27	(c-1) to read as follows:
28	28	(c) A [The] sheriff's office may maintain a list of towing
29	29	companies to perform:
30	30	(1) nonconsent tows of motor vehicles initiated by a
31	31	peace officer investigating a traffic accident or a traffic
32	32	incident; and
33	33	(2) nonconsent tows of motor vehicles and removal of
34	34	other personal property as part of a program under Section
35	35	2308.210.
36	36	(c-1) The towing companies must operate in a county to which
37	37	this section applies.
38	38	(d) After being notified of the need for a nonconsent tow
39	39	described by Subsection (c)(1) or (2), the [A peace officer
40	40	initiating a nonconsent tow of a motor vehicle involved in a traffic
41	41	accident or traffic incident that the officer is investigating
42	42	shall notify the sheriff's office that the tow is being initiated.
43	43	The] sheriff's office shall contact successive towing companies on
44	44	the tow rotation list until a company agrees to carry out the tow.
45	45	(e) The commissioners court of a county [sheriff's office]
46	46	may assess a towing company an administrative fee, in addition to an
47	47	amount under Section 2308.201 or 2308.210, to be included on the tow
48	48	rotation list in an amount not to exceed the amount necessary to
49	49	implement this section.
50	50	SECTION 3. Subchapter E, Chapter 2308, Occupations Code, is
51	51	amended by adding Section 2308.210 to read as follows:
52	52	Sec. 2308.210. ROADWAY CLEARANCE PROGRAM IN CERTAIN
53	53	COUNTIES. (a) The commissioners court of a county adjacent to a
54	54	county with a population of more than 3.3 million by order may
55	55	establish a program under which an employee of the sheriff's
56	56	department designated by the sheriff or the commissioners court is
57	57	authorized to direct, without the involvement of a peace officer, a
58	58	towing company to:
59	59	(1) remove from a roadway personal property, including
60	60	a vehicle, that is impeding the safe movement of traffic; and
61	61	(2) relocate the property to:
62	62	(A) the closest safe location for the property to
63	63	be stored; or
64	64	(B) for a vehicle, a vehicle storage facility
65	65	authorized to store vehicles under the program.
66	66	(b) An order under Subsection (a):
67	67	(1) must ensure the protection of the public and the
68	68	safe and efficient operation of towing and storage services in the
69	69	county; and
70	70	(2) may require a towing company or storage facility
71	71	to pay a fee, in addition to a fee under Section 2308.201 or
72	72	2308.209, for participation in the program. Fees under this
73	73	subsection:
74	74	(A) shall be deposited to the credit of the
75	75	county's general fund; and
76	76	(B) may be used only to compensate the sheriff's
77	77	office for expenses and salaries associated with administering the
78	78	program.
79	79	(c) The commissioners court of a county operating a program
80	80	under this section:
81	81	(1) may enter into an agreement with a federal agency,
82	82	state agency, municipality, adjacent county, metropolitan rapid
83	83	transit authority, or regional planning organization or any other
84	84	governmental entity for the purpose of carrying out the program;
85	85	and
86	86	(2) may apply for grants and other funding to carry out
87	87	the program.
88	88	SECTION 4. Section 396.041(c), Transportation Code, is
89	89	amended to read as follows:
90	90	(c) An ordinance may:
91	91	(1) impose a fee of $25 for the issuance or renewal of
92	92	a license;
93	93	(2) impose a fee of not more than:
94	94	(A) $150 for the issuance or renewal of a
95	95	license, if the ordinance is adopted by the commissioners court of:
96	96	(i) a county with a population of one
97	97	million or more that contains two or more municipalities, each of
98	98	which has a population of 250,000 or more; or
99	99	(ii) a county with a population of 450,000
100	100	or more that is adjacent to a county with a population of 3.3
101	101	million; or
102	102	(B) $500 for the issuance or renewal of a
103	103	license, if the ordinance is adopted by the commissioners court of a
104	104	county with a population of 3.3 million or more;
105	105	(3) condition the license on the operation of the
106	106	junkyard or automotive wrecking and salvage yard only at a location
107	107	approved by the commissioners court; or
108	108	(4) establish grounds for suspending or revoking a
109	109	license if the junkyard or automotive wrecking and salvage yard is
110	110	not screened.
111	111	SECTION 5. Section 397.001, Transportation Code, is amended
112	112	to read as follows:
113	113	Sec. 397.001. APPLICABILITY OF CHAPTER. This chapter
114	114	applies only to an automotive wrecking and salvage yard that:
115	115	(1) is located in:
116	116	(A) a county with a population of 3.3 million or
117	117	more; or
118	118	(B) a county with a population of 450,000 or more
119	119	that is adjacent to a county with a population of 3.3 million;
120	120	(2) is not located within a municipality in that
121	121	county; and
122	122	(3) is established on or after September 1, 1983.
123	123	SECTION 6. This Act takes effect September 1, 2017.