89R4275 RDR-D
By: LaHood H.B. No. 5499
A BILL TO BE ENTITLED
AN ACT
relating to towing fee studies and the amount of nonconsent towing
fees in certain political subdivisions; authorizing an increase in
existing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2308.203, Occupations Code, is amended
to read as follows:
Sec. 2308.203. TOWING FEE STUDIES; RATE ADJUSTMENT
REQUIRED. (a) The governing body of a political subdivision that
regulates nonconsent tow fees shall conduct or contract to conduct
a study on the fees for nonconsent tows originating in the territory
of the political subdivision at least once every two years
[establish procedures by which a towing company may request that a
towing fee study be performed].
(b) Not later than 30 days after receiving the results of a
towing fee study described by Subsection (a), the [The] governing
body of the political subdivision shall establish or amend the
allowable fees for nonconsent tows at amounts that represent the
fair value of the services of a towing company and are reasonably
related to any financial or accounting information provided to the
governing body.
(c) If a political subdivision does not establish or amend
the allowable fees for nonconsent tows as required by Subsection
(b), the amount of fees that may be charged or collected in
connection with a nonconsent tow originating in the territory of
the political subdivision:
(1) defaults to the fee for a nonconsent tow
established by commission rule under Section 2308.0575; and
(2) may not be established or amended by the governing
body of the political subdivision as authorized by Subsection (b)
until another towing fee study is conducted.
(d) Subsection (c) applies only to a political subdivision
in a county with a population of one million or more.
SECTION 2. Section 2308.505, Occupations Code, is amended
by amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) A person commits an offense if the person:
(1) violates an ordinance, resolution, order, rule, or
regulation of a political subdivision adopted under Section
2308.201, 2308.202, or 2308.2085 for which the political
subdivision does not prescribe the penalty;
(2) charges or collects a fee in a political
subdivision that regulates the operation of tow trucks under
Section 2308.201 or 2308.202 or booting under Section 2308.2085
that is not authorized or is greater than the authorized amount of
the fee;
(3) [charges or collects a fee greater than the amount
authorized under Section 2308.204;
[(4) charges or collects a fee in excess of the amount
filed with the department under Section 2308.206;
[(5)] violates Section 2308.205; or
(4) [(6)] violates a rule of the department applicable
to a tow truck, towing company, or booting company.
(c) It is a defense to prosecution under Subsection (a)(2)
that the person charges or collects a fee in a political subdivision
that regulates the operation of tow trucks under Section 2308.202
in an amount that is authorized under Section 2308.203(c)(1).
SECTION 3. The change in law made by this Act to Section
2308.505, Occupations Code, applies only to an offense committed on
or after the effective date of this Act. An offense committed
before the effective date of this Act is governed by the law in
effect on the date the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section,
an offense was committed before the effective date of this Act if
any element of the offense occurred before that date.
SECTION 4. This Act takes effect September 1, 2025.