| 1 | 1 | | 89R4275 RDR-D |
|---|
| 2 | 2 | | By: LaHood H.B. No. 5499 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to towing fee studies and the amount of nonconsent towing |
|---|
| 10 | 10 | | fees in certain political subdivisions; authorizing an increase in |
|---|
| 11 | 11 | | existing fees. |
|---|
| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 13 | 13 | | SECTION 1. Section 2308.203, Occupations Code, is amended |
|---|
| 14 | 14 | | to read as follows: |
|---|
| 15 | 15 | | Sec. 2308.203. TOWING FEE STUDIES; RATE ADJUSTMENT |
|---|
| 16 | 16 | | REQUIRED. (a) The governing body of a political subdivision that |
|---|
| 17 | 17 | | regulates nonconsent tow fees shall conduct or contract to conduct |
|---|
| 18 | 18 | | a study on the fees for nonconsent tows originating in the territory |
|---|
| 19 | 19 | | of the political subdivision at least once every two years |
|---|
| 20 | 20 | | [establish procedures by which a towing company may request that a |
|---|
| 21 | 21 | | towing fee study be performed]. |
|---|
| 22 | 22 | | (b) Not later than 30 days after receiving the results of a |
|---|
| 23 | 23 | | towing fee study described by Subsection (a), the [The] governing |
|---|
| 24 | 24 | | body of the political subdivision shall establish or amend the |
|---|
| 25 | 25 | | allowable fees for nonconsent tows at amounts that represent the |
|---|
| 26 | 26 | | fair value of the services of a towing company and are reasonably |
|---|
| 27 | 27 | | related to any financial or accounting information provided to the |
|---|
| 28 | 28 | | governing body. |
|---|
| 29 | 29 | | (c) If a political subdivision does not establish or amend |
|---|
| 30 | 30 | | the allowable fees for nonconsent tows as required by Subsection |
|---|
| 31 | 31 | | (b), the amount of fees that may be charged or collected in |
|---|
| 32 | 32 | | connection with a nonconsent tow originating in the territory of |
|---|
| 33 | 33 | | the political subdivision: |
|---|
| 34 | 34 | | (1) defaults to the fee for a nonconsent tow |
|---|
| 35 | 35 | | established by commission rule under Section 2308.0575; and |
|---|
| 36 | 36 | | (2) may not be established or amended by the governing |
|---|
| 37 | 37 | | body of the political subdivision as authorized by Subsection (b) |
|---|
| 38 | 38 | | until another towing fee study is conducted. |
|---|
| 39 | 39 | | (d) Subsection (c) applies only to a political subdivision |
|---|
| 40 | 40 | | in a county with a population of one million or more. |
|---|
| 41 | 41 | | SECTION 2. Section 2308.505, Occupations Code, is amended |
|---|
| 42 | 42 | | by amending Subsection (a) and adding Subsection (c) to read as |
|---|
| 43 | 43 | | follows: |
|---|
| 44 | 44 | | (a) A person commits an offense if the person: |
|---|
| 45 | 45 | | (1) violates an ordinance, resolution, order, rule, or |
|---|
| 46 | 46 | | regulation of a political subdivision adopted under Section |
|---|
| 47 | 47 | | 2308.201, 2308.202, or 2308.2085 for which the political |
|---|
| 48 | 48 | | subdivision does not prescribe the penalty; |
|---|
| 49 | 49 | | (2) charges or collects a fee in a political |
|---|
| 50 | 50 | | subdivision that regulates the operation of tow trucks under |
|---|
| 51 | 51 | | Section 2308.201 or 2308.202 or booting under Section 2308.2085 |
|---|
| 52 | 52 | | that is not authorized or is greater than the authorized amount of |
|---|
| 53 | 53 | | the fee; |
|---|
| 54 | 54 | | (3) [charges or collects a fee greater than the amount |
|---|
| 55 | 55 | | authorized under Section 2308.204; |
|---|
| 56 | 56 | | [(4) charges or collects a fee in excess of the amount |
|---|
| 57 | 57 | | filed with the department under Section 2308.206; |
|---|
| 58 | 58 | | [(5)] violates Section 2308.205; or |
|---|
| 59 | 59 | | (4) [(6)] violates a rule of the department applicable |
|---|
| 60 | 60 | | to a tow truck, towing company, or booting company. |
|---|
| 61 | 61 | | (c) It is a defense to prosecution under Subsection (a)(2) |
|---|
| 62 | 62 | | that the person charges or collects a fee in a political subdivision |
|---|
| 63 | 63 | | that regulates the operation of tow trucks under Section 2308.202 |
|---|
| 64 | 64 | | in an amount that is authorized under Section 2308.203(c)(1). |
|---|
| 65 | 65 | | SECTION 3. The change in law made by this Act to Section |
|---|
| 66 | 66 | | 2308.505, Occupations Code, applies only to an offense committed on |
|---|
| 67 | 67 | | or after the effective date of this Act. An offense committed |
|---|
| 68 | 68 | | before the effective date of this Act is governed by the law in |
|---|
| 69 | 69 | | effect on the date the offense was committed, and the former law is |
|---|
| 70 | 70 | | continued in effect for that purpose. For purposes of this section, |
|---|
| 71 | 71 | | an offense was committed before the effective date of this Act if |
|---|
| 72 | 72 | | any element of the offense occurred before that date. |
|---|
| 73 | 73 | | SECTION 4. This Act takes effect September 1, 2025. |
|---|