S.B. No. 500
 
 
 
 
AN ACT
  relating to the establishment of a tow truck rotation list in
  certain counties; providing a penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter E, Chapter 643, Transportation Code,
  is amended by adding Section 643.209 to read as follows:
         Sec. 643.209.  TOW ROTATION LIST IN CERTAIN COUNTIES.  (a)  
  In this section, "nonconsent tow" has the meaning assigned by
  Section 643.201.
         (b)  This section applies only to the unincorporated area of
  a county:
               (1)  with a population of 300,000 or more that is
  adjacent to a county with a population of 2.3 million or more;
               (2)  with a population of less than 10,000 that is
  located in a national forest; and
               (3)  adjacent to a county described by Subdivision (2)
  that has a population of less than 75,000.
         (c)  The sheriff's office may maintain a list of towing
  companies to perform nonconsent tows of motor vehicles initiated by
  a peace officer investigating a traffic accident or a traffic
  incident.  The towing companies must operate in a county to which
  this section applies.
         (d)  A peace officer initiating a nonconsent tow of a motor
  vehicle involved in a traffic accident or traffic incident that the
  officer is investigating shall notify the sheriff's office that the
  tow is being initiated.  The sheriff's office shall contact
  successive towing companies on the tow rotation list until a
  company agrees to carry out the tow.
         (e)  The sheriff's office may assess a towing company an
  administrative fee to be included on the tow rotation list in an
  amount not to exceed the amount necessary to implement this
  section.
         (f)  The commissioners court of a county in which a list is
  maintained under Subsection (c) shall adopt policies to implement
  this section in a manner that ensures:
               (1)  equal distribution of nonconsent tows among the
  towing companies that perform nonconsent tows in the county; and
               (2)  consumer protection, including fair pricing, for
  owners or operators of motor vehicles towed by towing companies on
  the tow rotation list.
         (g)  The sheriff's office shall make a list maintained under
  this section available for public inspection.
         (h)  In a county in which a list is maintained under
  Subsection (c), a person commits an offense if:
               (1)  the person arrives at the scene of a traffic
  accident or traffic incident to perform a nonconsent tow of a motor
  vehicle without first being contacted by the sheriff's office;
               (2)  the person directly or indirectly solicits, on
  streets located in the county, towing services, including towing,
  removing, repairing, wrecking, storing, trading, selling, or
  purchasing related to a vehicle that has been damaged in an accident
  to the extent that it cannot be normally and safely driven; or
               (3)  the person enters the scene of a traffic accident,
  traffic incident, or other area under the control of a peace officer
  without the permission of the peace officer.
         (i)  An offense under Subsection (h) is a misdemeanor
  punishable by a fine of not less than $1 or more than $200.
         SECTION 2.  This Act takes effect September 1, 2007.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 500 passed the Senate on
  March 26, 2007, by the following vote: Yeas 29, Nays 0; and that
  the Senate concurred in House amendment on May 9, 2007, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 500 passed the House, with
  amendment, on May 2, 2007, by the following vote: Yeas 147,
  Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor