| 1 | 1 | | 87R10659 AJA-F |
|---|
| 2 | 2 | | By: Leach H.B. No. 3220 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to liability arising from incident management towing. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Title 4, Civil Practice and Remedies Code, is |
|---|
| 10 | 10 | | amended by adding Chapter 72A to read as follows: |
|---|
| 11 | 11 | | CHAPTER 72A. LIABILITY OF TOWING COMPANY ARISING FROM INCIDENT |
|---|
| 12 | 12 | | MANAGEMENT TOWING |
|---|
| 13 | 13 | | Sec. 72A.001. DEFINITIONS. In this chapter: |
|---|
| 14 | 14 | | (1) "Incident management towing" means the towing of a |
|---|
| 15 | 15 | | vehicle in which the tow truck is summoned to the scene of a traffic |
|---|
| 16 | 16 | | accident or to an incident for the removal of a vehicle, commercial |
|---|
| 17 | 17 | | cargo, and commercial debris from an accident or incident scene. |
|---|
| 18 | 18 | | (2) "Towing company" has the meaning assigned by |
|---|
| 19 | 19 | | Section 2308.002, Occupations Code. |
|---|
| 20 | 20 | | Sec. 72A.002. LIABILITY OF TOWING COMPANY. A towing |
|---|
| 21 | 21 | | company that in good faith provides incident management towing is |
|---|
| 22 | 22 | | not liable in a civil action for damage to a motor vehicle affected |
|---|
| 23 | 23 | | by a primary or secondary accident or incident unless the act of |
|---|
| 24 | 24 | | incident management towing was performed with gross negligence, |
|---|
| 25 | 25 | | recklessness, or intentional misconduct. |
|---|
| 26 | 26 | | SECTION 2. Chapter 72A, Civil Practice and Remedies Code, |
|---|
| 27 | 27 | | as added by this Act, does not apply to a cause of action that |
|---|
| 28 | 28 | | accrued before the effective date of this Act. A cause of action |
|---|
| 29 | 29 | | that accrued before the effective date of this Act is governed by |
|---|
| 30 | 30 | | the law applicable to the cause of action immediately before that |
|---|
| 31 | 31 | | date, and the former law is continued in effect for that purpose. |
|---|
| 32 | 32 | | SECTION 3. This Act takes effect September 1, 2021. |
|---|