Texas House Bill HB3220

Texas 2021 - 87th Regular

Caption

Relating to liability arising from incident management towing.

Impact

The enactment of HB3220 is expected to significantly alter the liability framework surrounding towing companies in Texas. By providing liability protection, the bill seeks to encourage towing companies to perform necessary incident management towing without the fear of being sued for damages in scenarios overwhelmingly outside their control. This could lead to more efficient clearing of accident scenes, ultimately benefiting public safety and traffic flow by reducing congestion caused by stalled or damaged vehicles on the road.

Summary

House Bill 3220 introduces legal protections for towing companies involved in incident management towing, which refers to the removal of vehicles from accident scenes. Under this bill, a towing company that operates in good faith when performing incident management towing cannot be held liable for damages to a motor vehicle affected by a primary or secondary incident unless the towing company acted with gross negligence, recklessness, or intentional misconduct. This legislative change aims to clarify the legal landscape regarding civil liability in the context of towing incidents.

Contention

Debate surrounding HB3220 revolves around the balance between ensuring the safety and quick resolution of traffic incidents and protecting the rights of vehicle owners. Critics may argue that the bill offers too much immunity to towing companies, potentially allowing them to operate with less accountability in providing service to vehicle owners. Ensuring the fairness of this protection while maintaining public safety interests will likely remain an area of contention as the bill progresses through the legislative process.