| 1 | 1 | | 87R10258 BEE-D |
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| 2 | 2 | | By: Dominguez H.B. No. 3143 |
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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 requiring the release of certain vehicles by tow truck |
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| 8 | 8 | | operators. |
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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. The heading to Subchapter J, Chapter 2308, |
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| 11 | 11 | | Occupations Code, is amended to read as follows: |
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| 12 | 12 | | SUBCHAPTER J. RIGHTS OF OWNERS AND OPERATORS OF CERTAIN [STORED OR |
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| 13 | 13 | | BOOTED] VEHICLES |
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| 14 | 14 | | SECTION 2. Subchapter J, Chapter 2308, Occupations Code, is |
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| 15 | 15 | | amended by adding Section 2308.4501 to read as follows: |
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| 16 | 16 | | Sec. 2308.4501. RELEASE OF CERTAIN VEHICLES BY TOW TRUCK |
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| 17 | 17 | | OPERATORS REQUIRED. The operator of a tow truck preparing to |
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| 18 | 18 | | perform a nonconsent tow shall release a vehicle to the owner or |
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| 19 | 19 | | operator of the vehicle if: |
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| 20 | 20 | | (1) the vehicle has not been moved from the site from |
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| 21 | 21 | | which it is to be towed; |
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| 22 | 22 | | (2) the vehicle is fully prepared to be towed legally |
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| 23 | 23 | | over a public road or highway; and |
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| 24 | 24 | | (3) the owner or operator of the vehicle pays a fee of |
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| 25 | 25 | | not more than $50 to the operator of the tow truck. |
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| 26 | 26 | | SECTION 3. Not later than December 1, 2021, the Texas |
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| 27 | 27 | | Department of Licensing and Regulation shall adopt rules as |
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| 28 | 28 | | necessary to implement Section 2308.4501, Occupations Code, as |
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| 29 | 29 | | added by this Act. |
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| 30 | 30 | | SECTION 4. (a) Except as provided by Subsection (b) of this |
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| 31 | 31 | | section, this Act takes effect January 1, 2022. |
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| 32 | 32 | | (b) Section 3 of this Act takes effect September 1, 2021. |
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