HBA-MSH H.B. 1681 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1681
By: Bosse
Transportation
7/18/2001
Enrolled



BACKGROUND AND PURPOSE 

Since the federal deregulation of the commercial trucking industry,
communities have experienced problems related to the vehicle towing
industry.  Prior to the 77th Legislature, court decisions left a local
government's authority to regulate towing in question.  In addition, the
previous definition of a consent tow had been construed to include a tow
from the scene of a traffic accident, which led to problems in controlling
an accident scene.  House Bill 1681 extends to all political subdivisions
of the state the authority to regulate towing, and clarifies the definition
of a consent tow to exclude tows from the scene of an accident initiated by
a peace officer. 

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. 

ANALYSIS

House Bill 1681 amends the Transportation Code to expand provisions
relating to the regulation of tow trucks, including tow truck registration
and permits, to include all political subdivisions of the state.  The bill
specifies that a consent tow includes any tow of a motor vehicle initiated
by the owner or operator of the vehicle or by a person who has possession,
custody, or control of the vehicle.  A consent tow does not include a tow
of a motor vehicle initiated by a peace officer investigating a traffic
accident or traffic incident that involves the vehicle. 

EFFECTIVE DATE

September 1, 2001.