TITLE: Relating to Texas Commission of Licensing and Regulation rules on fees for nonconsent vehicle tows and a study on those fees.

SUMMARY: Relating to Texas Commission of Licensing and Regulation rules on fees for nonconsent vehicle tows and a study on those fees.

FULL TEXT:
AN ACT relating to Texas Commission of Licensing and Regulation rules on fees for nonconsent vehicle tows and a study on those fees. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Sections 2308.0575(a), (c), and (f), Occupations Code, are amended to read as follows: (a) To protect the public health and safety, the commission by rule shall establish: (1) the fees that may be charged in connection with a nonconsent [private property] tow; (2) the maximum amount that may be charged for fees, other than tow fees, that may be assessed by a towing company in connection with a nonconsent [private property] tow; and (3) a maximum amount that may be charged for the following nonconsent [private property] tows: (A) standard light-duty tows of motor vehicles with a gross weight rating of 10,000 pounds or less; (B) medium-duty tows of motor vehicles with a gross weight rating of more than 10,000 pounds, but less than 25,000 pounds; and (C) heavy-duty tows of motor vehicles with a gross weight rating that exceeds 25,000 pounds. (c) The commission may structure the maximum amounts that may be charged for nonconsent [private property] tows based on hourly or flat fees or by geographic location. (f) The department shall contract to conduct a study on nonconsent [private property] towing fees under this section at least once every two years. SECTION 2. Section 2308.202, Occupations Code, is amended to read as follows: Sec. 2308.202. REGULATION BY POLITICAL SUBDIVISIONS OF FEES FOR NONCONSENT TOWS. The governing body of a political subdivision may regulate the fees that may be charged or collected in connection with a nonconsent tow originating in the territory of the political subdivision if the nonconsent [private property] tow fees: (1) are authorized by commission rule; and (2) do not exceed the maximum amount authorized by commission rule. SECTION 3. This Act takes effect September 1, 2017.