89S10165 AJZ-D By: Hinojosa of Hidalgo S.B. No. 42 A BILL TO BE ENTITLED AN ACT relating to consent towing fees charged during a declared disaster. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 2308, Occupations Code, is amended by adding Subchapter L to read as follows: SUBCHAPTER L. MISCELLANEOUS PROVISIONS Sec. 2308.551. CONSENT TOW FEES DURING DECLARED DISASTER. (a) A towing company may not take advantage of a disaster declared by the governor under Chapter 418, Government Code, or by the president of the United States by demanding an exorbitant or excessive price for a consent tow. (b) A county judge may establish: (1) the fees that a towing company may charge in connection with a consent tow during a declared disaster described by Subsection (a) in the county; (2) the maximum amount a towing company may charge for fees, other than tow fees, in connection with a consent tow during a declared disaster described by Subsection (a) in the county; and (3) a maximum amount that a towing company may charge for the following consent tows during a declared disaster described by Subsection (a) in the county: (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. SECTION 2. This Act takes effect on the 91st day after the last day of the legislative session.