HBA-KMH H.B. 1708 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1708
By: Maxey
Transportation
3/29/1999
Introduced


BACKGROUND AND PURPOSE 

In 1995, Congress deregulated the towing industry, stripping municipalities
and counties of the ability to regulate towing companies that tow vehicles
from private property without the consent of the vehicle owner or operator.
Shortly thereafter, an amendment was passed authorizing the regulation of
fees for nonconsensual tows.  H.B. 1708 provides regulations for fees for
nonconsensual tows. This bill also provides both criminal and
administrative penalties for a violation of this section. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter E, Chapter 643, Transportation Code, by
adding Section 643.203, as follows: 

Sec.  643.203.  MAXIMUM CHARGE FOR NONCONSENT TOW.  (a) Applies this
section to vehicle, as defined by Section 541.201 (Vehicles), that is towed
from public or private property by a towing company without the consent of
the owner or operator of the vehicle. 

(b) Sets forth the maximum amounts  a towing company, as defined by Section
684.001 (Definitions), may charge for a tow under varying circumstances. 

(c) Authorizes a towing company to impose a fee not to exceed $30 when a
vehicle is hooked up by a tow truck to allow for the vehicle to be
transported legally over a public road or highway. 

(d) Requires the towing company to issue to the owner or operator of the
towed vehicle a receipt for a fee charged under this section and keep a
copy of the receipt at the towing company's place of business. 

(e) Increases the maximum fee under Subsection (b) by $10 and under
Subsection (c) by $5 on January 1 of each odd-numbered year.  Requires the
department to publish a schedule of the maximum fees authorized after each
increase under this subsection. 

(f) Provides that it is a Class A misdemeanor to violate this section.

SECTION 2.  Amends Section 643.251(a), Transportation Code, to include
Section 643.203 in the list of sections for which an administrative penalty
under this section applies. 

SECTION 3.  Amends Section 684.001(5), Transportation Code, to make a
nonsubstantive change. 

SECTION 4.  Effective date: September 1, 1999.

SECTION 5.  Emergency clause.