| 1 | 1 | | 89R6032 AND-F |
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| 2 | 2 | | By: Alvarado S.B. No. 1175 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the biennial adjustment of certain towing fees and |
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| 10 | 10 | | maximum charges. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 2308.0575, Occupations Code, is amended |
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| 13 | 13 | | to read as follows: |
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| 14 | 14 | | Sec. 2308.0575. BIENNIAL ADJUSTMENT OF CERTAIN [RULES ON] |
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| 15 | 15 | | FEES AND MAXIMUM CHARGES[; CONTRACT FOR STUDY; CONFIDENTIAL |
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| 16 | 16 | | INFORMATION]. (a) In this section, "consumer price index" means |
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| 17 | 17 | | the Consumer Price Index for All Urban Consumers (CPI-U) published |
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| 18 | 18 | | by the Bureau of Labor Statistics of the United States Department of |
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| 19 | 19 | | Labor. |
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| 20 | 20 | | (b) To protect the public health and safety and subject to |
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| 21 | 21 | | Subsection (c), in each odd-numbered year the commission, not later |
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| 22 | 22 | | than November 1, by rule may adjust [shall establish]: |
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| 23 | 23 | | (1) the fees that may be charged in connection with a |
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| 24 | 24 | | private property tow; |
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| 25 | 25 | | (2) the maximum amount that may be charged for fees, |
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| 26 | 26 | | other than tow fees, that may be assessed by a towing company in |
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| 27 | 27 | | connection with a private property tow; and |
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| 28 | 28 | | (3) a maximum amount that may be charged for the |
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| 29 | 29 | | following private property tows: |
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| 30 | 30 | | (A) standard light-duty tows of motor vehicles |
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| 31 | 31 | | with a gross weight rating of 10,000 pounds or less; |
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| 32 | 32 | | (B) medium-duty tows of motor vehicles with a |
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| 33 | 33 | | gross weight rating of more than 10,000 pounds, but less than 25,000 |
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| 34 | 34 | | pounds; and |
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| 35 | 35 | | (C) heavy-duty tows of motor vehicles with a |
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| 36 | 36 | | gross weight rating that exceeds 25,000 pounds. |
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| 37 | 37 | | (c) The commission may adjust fees and maximum charge |
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| 38 | 38 | | amounts under Subsection (b) by an amount equal to the amount of the |
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| 39 | 39 | | applicable fee or charge amount in effect on December 31 of the |
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| 40 | 40 | | preceding year multiplied by the percentage increase or decrease in |
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| 41 | 41 | | the consumer price index during the most immediate preceding state |
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| 42 | 42 | | fiscal biennium. |
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| 43 | 43 | | (d) If a fee or maximum charge amount is adjusted under this |
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| 44 | 44 | | section, the commission shall publish the adjusted fee or amount on |
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| 45 | 45 | | the department's Internet website. |
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| 46 | 46 | | (e) A fee or maximum charge amount adjusted under this |
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| 47 | 47 | | section is effective beginning the January 1 following the adoption |
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| 48 | 48 | | of a rule under this section. |
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| 49 | 49 | | (f) If a fee or maximum charge amount is decreased under |
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| 50 | 50 | | this section, the operator of a vehicle towing company, as defined |
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| 51 | 51 | | by Section 2308.002, shall begin charging the adjusted fee or |
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| 52 | 52 | | amount on the effective date of the decrease. If a fee or maximum |
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| 53 | 53 | | charge amount is increased under this section, the operator may |
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| 54 | 54 | | begin charging the adjusted fee or amount at any time on or after |
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| 55 | 55 | | the effective date of the increase. |
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| 56 | 56 | | [(b) In adopting rules under Subsection (a), the commission |
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| 57 | 57 | | shall contract for a study that: |
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| 58 | 58 | | [(1) examines towing fee studies conducted by |
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| 59 | 59 | | municipalities in this state; and |
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| 60 | 60 | | [(2) analyzes the cost of towing services by company, |
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| 61 | 61 | | the consumer price index, the geographic area, and individual cost |
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| 62 | 62 | | components. |
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| 63 | 63 | | [(c) The commission may structure the maximum amounts that |
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| 64 | 64 | | may be charged for private property tows based on hourly or flat |
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| 65 | 65 | | fees or by geographic location. |
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| 66 | 66 | | [(d) The commission shall maintain the confidentiality of |
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| 67 | 67 | | information contained in a study conducted under this section that |
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| 68 | 68 | | is claimed to be confidential for competitive purposes and may not |
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| 69 | 69 | | release information that identifies a person or company. The |
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| 70 | 70 | | confidential information is exempt from disclosure under Chapter |
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| 71 | 71 | | 552, Government Code. |
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| 72 | 72 | | [(e) To protect the confidentiality of the information, the |
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| 73 | 73 | | commission shall aggregate the information to the maximum extent |
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| 74 | 74 | | possible considering the purpose of the study. |
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| 75 | 75 | | [(f) The department shall contract to conduct a study on |
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| 76 | 76 | | private property towing fees under this section at least once every |
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| 77 | 77 | | two years.] |
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| 78 | 78 | | SECTION 2. This Act takes effect immediately if it receives |
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| 79 | 79 | | a vote of two-thirds of all the members elected to each house, as |
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| 80 | 80 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 81 | 81 | | Act does not receive the vote necessary for immediate effect, this |
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| 82 | 82 | | Act takes effect September 1, 2025. |
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