| 1 | 1 | | 88R13360 BEE-D |
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| 2 | 2 | | By: Kitzman H.B. No. 3950 |
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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 maintenance of a tow rotation list by the |
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| 8 | 8 | | commissioners court or sheriff's office of certain counties; |
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| 9 | 9 | | authorizing fees; creating a criminal offense. |
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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 2308.209, Occupations Code, is amended |
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| 12 | 12 | | by adding Subsection (b-1) to read as follows: |
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| 13 | 13 | | (b-1) Notwithstanding Subsection (b), this section does not |
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| 14 | 14 | | apply to a county with a population of 800,000 or more that is |
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| 15 | 15 | | adjacent to a county with a population of 3.3 million or more. |
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| 16 | 16 | | SECTION 2. Subchapter E, Chapter 2308, Occupations Code, is |
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| 17 | 17 | | amended by adding Section 2308.2095 to read as follows: |
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| 18 | 18 | | Sec. 2308.2095. COUNTY ADMINISTRATION OF TOW ROTATION LIST |
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| 19 | 19 | | IN CERTAIN COUNTIES. (a) This section applies only to the |
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| 20 | 20 | | unincorporated area of a county with a population of 800,000 or more |
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| 21 | 21 | | that is adjacent to a county with a population of 3.3 million or |
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| 22 | 22 | | more. |
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| 23 | 23 | | (b) A commissioners court may maintain a list of towing |
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| 24 | 24 | | companies to perform nonconsent tows of motor vehicles initiated by |
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| 25 | 25 | | a peace officer investigating a traffic accident or a traffic |
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| 26 | 26 | | incident. The towing companies must operate in a county to which |
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| 27 | 27 | | this section applies. |
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| 28 | 28 | | (c) A commissioners court of a county may delegate to the |
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| 29 | 29 | | sheriff's office of a county the authority under Subsection (b) to |
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| 30 | 30 | | maintain a list of towing companies. |
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| 31 | 31 | | (d) A peace officer initiating a nonconsent tow of a motor |
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| 32 | 32 | | vehicle involved in a traffic accident or traffic incident that the |
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| 33 | 33 | | officer is investigating shall notify the commissioners court or |
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| 34 | 34 | | sheriff's office, as applicable, that the tow is being initiated. |
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| 35 | 35 | | The commissioners court or sheriff's office, as applicable, shall |
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| 36 | 36 | | contact successive towing companies on the tow rotation list until |
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| 37 | 37 | | a company agrees to carry out the tow. |
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| 38 | 38 | | (e) The commissioners court or sheriff's office, as |
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| 39 | 39 | | applicable, may impose an administrative fee on: |
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| 40 | 40 | | (1) a towing company for inclusion on the tow rotation |
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| 41 | 41 | | list; and |
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| 42 | 42 | | (2) the operator of a vehicle subject to a nonconsent |
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| 43 | 43 | | tow performed by a towing company included on the tow rotation list |
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| 44 | 44 | | for facilitating the tow. |
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| 45 | 45 | | (f) The amount of the fees collected under Subsection (e) |
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| 46 | 46 | | may not exceed the amount necessary to implement this section. |
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| 47 | 47 | | (g) The towing company performing the tow shall collect an |
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| 48 | 48 | | administrative fee imposed under Subsection (e)(2) and remit the |
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| 49 | 49 | | fee to the county. A fee collected under this subsection is |
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| 50 | 50 | | separate from a fee collected by the towing company for performing |
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| 51 | 51 | | the tow. |
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| 52 | 52 | | (h) The commissioners court of a county in which a list is |
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| 53 | 53 | | maintained under Subsection (b) shall adopt policies to implement |
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| 54 | 54 | | this section in a manner that ensures: |
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| 55 | 55 | | (1) equal distribution of nonconsent tows among the |
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| 56 | 56 | | towing companies that perform nonconsent tows in the county; and |
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| 57 | 57 | | (2) consumer protection, including fair pricing, for |
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| 58 | 58 | | owners or operators of motor vehicles towed by towing companies on |
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| 59 | 59 | | the tow rotation list. |
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| 60 | 60 | | (i) The commissioners court or sheriff's office, as |
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| 61 | 61 | | applicable, shall make a list maintained under this section |
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| 62 | 62 | | available for public inspection. |
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| 63 | 63 | | (j) In a county in which a list is maintained under |
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| 64 | 64 | | Subsection (b), a person commits an offense if: |
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| 65 | 65 | | (1) the person arrives at the scene of a traffic |
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| 66 | 66 | | accident or traffic incident to perform a nonconsent tow of a motor |
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| 67 | 67 | | vehicle without first being contacted by the commissioners court or |
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| 68 | 68 | | sheriff's office, as applicable; |
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| 69 | 69 | | (2) the person directly or indirectly solicits, on |
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| 70 | 70 | | streets located in the county, towing services, including towing, |
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| 71 | 71 | | removing, repairing, wrecking, storing, trading, selling, or |
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| 72 | 72 | | purchasing related to a vehicle that has been damaged in an accident |
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| 73 | 73 | | to the extent that it cannot be normally and safely driven; or |
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| 74 | 74 | | (3) the person enters the scene of a traffic accident, |
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| 75 | 75 | | traffic incident, or other area under the control of a peace officer |
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| 76 | 76 | | without the permission of the peace officer. |
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| 77 | 77 | | (k) An offense under Subsection (j) is a misdemeanor |
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| 78 | 78 | | punishable by a fine of not less than $1 or more than $200. |
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| 79 | 79 | | SECTION 3. The changes in law made by this Act apply only to |
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| 80 | 80 | | an offense committed on or after the effective date of this Act. An |
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| 81 | 81 | | offense committed before the effective date of this Act is governed |
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| 82 | 82 | | by the law in effect on the date the offense was committed, and the |
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| 83 | 83 | | former law is continued in effect for that purpose. For purposes of |
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| 84 | 84 | | this section, an offense was committed before the effective date of |
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| 85 | 85 | | this Act if any element of the offense occurred before that date. |
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| 86 | 86 | | SECTION 4. This Act takes effect September 1, 2023. |
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