| 1 | 1 | | 87R10257 BEE-D |
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| 2 | 2 | | By: Dominguez H.B. No. 3142 |
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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 the posting of nonconsent towing fees schedules in |
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| 8 | 8 | | licensed vehicle storage facilities and the provision of nonconsent |
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| 9 | 9 | | towing fees schedules by tow truck operators. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 2303.1551(b), Occupations Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | (b) A vehicle storage facility accepting a nonconsent towed |
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| 14 | 14 | | vehicle shall post a sign containing the nonconsent towing fees |
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| 15 | 15 | | schedule that complies with commission rules. [and states |
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| 16 | 16 | | "Nonconsent tow fees schedules available on request."] The vehicle |
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| 17 | 17 | | storage facility shall provide a copy of the [a] nonconsent towing |
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| 18 | 18 | | fees schedule on request. The commission shall adopt rules for |
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| 19 | 19 | | signs required under this subsection. |
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| 20 | 20 | | SECTION 2. The heading to Subchapter J, Chapter 2308, |
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| 21 | 21 | | Occupations Code, is amended to read as follows: |
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| 22 | 22 | | SUBCHAPTER J. RIGHTS OF OWNERS AND OPERATORS OF CERTAIN [STORED OR |
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| 23 | 23 | | BOOTED] VEHICLES |
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| 24 | 24 | | SECTION 3. Subchapter J, Chapter 2308, Occupations Code, is |
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| 25 | 25 | | amended by adding Section 2308.4501 to read as follows: |
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| 26 | 26 | | Sec. 2308.4501. PROVISION OF FEE SCHEDULE BY TOW TRUCK |
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| 27 | 27 | | OPERATOR. (a) On request, a tow truck operator performing a |
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| 28 | 28 | | nonconsent tow shall provide to the owner or operator of a vehicle |
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| 29 | 29 | | being towed a copy of the nonconsent towing fees schedule in a form |
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| 30 | 30 | | prescribed by the commission. |
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| 31 | 31 | | (b) The commission by rule shall prescribe the form of a |
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| 32 | 32 | | nonconsent towing fees schedule required to be provided under this |
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| 33 | 33 | | section. |
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| 34 | 34 | | SECTION 4. Not later than December 1, 2021, the Texas |
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| 35 | 35 | | Department of Licensing and Regulation shall adopt rules as |
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| 36 | 36 | | necessary to implement Section 2303.1551(b), Occupations Code, as |
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| 37 | 37 | | amended by this Act, and Section 2308.4501, Occupations Code, as |
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| 38 | 38 | | added by this Act. |
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| 39 | 39 | | SECTION 5. (a) Except as provided by Subsection (b) of this |
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| 40 | 40 | | section, this Act takes effect January 1, 2022. |
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| 41 | 41 | | (b) Section 4 of this Act takes effect September 1, 2021. |
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