Tow Trucks

HB 849 amends Occupations Code, Chapter 2303; amends Transportation Code and adds Chapter 643, Transportation Code, effective September 1, 2003.

An impoundment fee is increased from $10 to $20 by the operator of a vehicle storage facility or governmental vehicle storage facility. The annual vehicle fee for tow trucks increases to $25.

Non-Consent Tow. A "non-consent tow" is the towing of a vehicle without the consent of the owner or operator of the vehicle.

• TxDOT requests each tow truck carrier to inform the Motor Carrier Division if they perform any non-consent tows by completing a Supplemental Motor Carrier Application.
• If a tow truck operator performs a "non-consent tow," the tow truck owner must maintain on-hook cargo insurance of at least $50,000 per truck.
• The governing body of a political subdivision may regulate the fees that are charged or collected in connection with a non-consent tow that originates in the territory of the political subdivision. In an area in which no political subdivision regulates the fees charged or collected for a non-consent tow from private property, a towing company may charge and collect an amount not to exceed 150% of the fee that the towing company would have been authorized to charge for a non-consent tow made at the request of a peace officer of the political subdivision where the private property is located.
• If the vehicle to be towed for a non-consent tow is in excess of 26,000 pounds GVW and is towed from private property, the towing company may charge and collect an amount not to exceed 125% of the fee that the towing company would have been authorized to charge for a non-consent tow made at the request of a peace officer of the political subdivision where the private property is located.
• Before January 31 of each year, a towing company shall file with the Texas Department of Transportation, Motor Carrier Division, a schedule showing each towing fee charged or collected on a non-consent tow. If a political subdivision begins regulating non-consent tows or changes its fee schedule, it must be reported by the towing company before the 30th day after the regulation is effective or amended.
• Towing and storage fees shall be clearly posted at a licensed vehicle storage facility which accepts a "non-consent tow."
• New definition of "abandoned nuisance vehicle" is added to mean a motor vehicle at least 10 years old and is of a condition only to be junked, crushed or dismantled.

SB 1063 amends Transportation Code effective September 1, 2003. The Texas Department of Transportation (TxDOT) shall notify the DPS and other law enforcement agencies of each motor carrier whose certificate of registration is revoked for failing to maintain liability insurance coverage. A law enforcement officer may detain or impound any commercial vehicle that operates without liability insurance until the coverage is filed with TxDOT. A "Motor Carrier" is an individual or other legal entity that controls, operates, or directs the operation of one or more vehicles that transport persons or cargo over a road or highway in this state.