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.