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


Office of House Bill AnalysisH.B. 1681
By: Bosse
Transportation
2/27/2001
Introduced



BACKGROUND AND PURPOSE 

Since the federal deregulation of the commercial trucking industry,
communities have experienced problems related to the vehicle towing
industry.  Recent court decisions have left a local government's authority
to regulate towing in question.  In addition, the current definition of a
consent tow has been construed to include a tow from the scene of a traffic
accident, which may lead 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 a political subdivision of the state, rather than
only a municipality.  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.  Any tow of a motor vehicle that is not a consent tow is a
nonconsent tow. 

EFFECTIVE DATE

September 1, 2001.