LaHood Towing Bill Sets A Fee Deadline For Large Counties

The text as introduced · 607 words

89R4275 RDR-D

By: LaHood
H.B. No. 5499

A BILL TO BE ENTITLED

AN ACT

relating to towing fee studies and the amount of nonconsent towing

fees in certain political subdivisions; authorizing an increase in

existing fees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 2308.203, Occupations Code, is amended

to read as follows:

Sec. 2308.203. TOWING FEE STUDIES ; RATE ADJUSTMENT

REQUIRED . (a) The governing body of a political subdivision that

regulates nonconsent tow fees shall conduct or contract to conduct

a study on the fees for nonconsent tows originating in the territory

of the political subdivision at least once every two years

[ establish procedures by which a towing company may request that a

towing fee study be performed ].

(b) Not later than 30 days after receiving the results of a

towing fee study described by Subsection (a), the [ The ] governing

body of the political subdivision shall establish or amend the

allowable fees for nonconsent tows at amounts that represent the

fair value of the services of a towing company and are reasonably

related to any financial or accounting information provided to the

governing body.

(c) If a political subdivision does not establish or amend

the allowable fees for nonconsent tows as required by Subsection

(b), the amount of fees that may be charged or collected in

connection with a nonconsent tow originating in the territory of

the political subdivision:

(1) defaults to the fee for a nonconsent tow

established by commission rule under Section 2308.0575; and

(2) may not be established or amended by the governing

body of the political subdivision as authorized by Subsection (b)

until another towing fee study is conducted.

(d) Subsection (c) applies only to a political subdivision

in a county with a population of one million or more.

SECTION 2. Section 2308.505, Occupations Code, is amended

by amending Subsection (a) and adding Subsection (c) to read as

follows:

(a) A person commits an offense if the person:

(1) violates an ordinance, resolution, order, rule, or

regulation of a political subdivision adopted under Section

2308.201, 2308.202, or 2308.2085 for which the political

subdivision does not prescribe the penalty;

(2) charges or collects a fee in a political

subdivision that regulates the operation of tow trucks under

Section 2308.201 or 2308.202 or booting under Section 2308.2085

that is not authorized or is greater than the authorized amount of

the fee;

(3) [ charges or collects a fee greater than the amount

authorized under Section 2308.204;

[ (4) charges or collects a fee in excess of the amount

filed with the department under Section 2308.206;

[ (5) ] violates Section 2308.205; or

(4) [ (6) ] violates a rule of the department applicable

to a tow truck, towing company, or booting company.

(c) It is a defense to prosecution under Subsection (a)(2)

that the person charges or collects a fee in a political subdivision

that regulates the operation of tow trucks under Section 2308.202

in an amount that is authorized under Section 2308.203(c)(1).

SECTION 3. The change in law made by this Act to Section

2308.505, Occupations Code, applies only to an offense committed on

or after the effective date of this Act. An offense committed

before the effective date of this Act is governed by the law in

effect on the date the offense was committed, and the former law is

continued in effect for that purpose. For purposes of this section,

an offense was committed before the effective date of this Act if

any element of the offense occurred before that date.

SECTION 4. This Act takes effect September 1, 2025.