89R24078 RDR-D     By: LaHood H.B. No. 5499     Substitute the following for H.B. No. 5499:     By:  Phelan C.S.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; authorizing a fee.          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:                (1)  publish the results of the towing fee study and the   methodology used to conduct the study on the political   subdivision's publicly accessible Internet website; and                (2)  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 750,000 or more.          (e)  In addition to the other fees authorized under this   section, the governing body of a political subdivision may impose   an administrative fee for each nonconsent tow originating in the   political subdivision in an amount reasonably necessary to cover   the political subdivision's cost of conducting a towing fee study   under this section. The political subdivision shall maintain a   separate account for administrative fees collected under this   subsection. Administrative fees collected under this subsection   may be used only by the governing body of the political subdivision   to cover costs associated with conducting or contracting to conduct   a towing fee study under this section.          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) or   (e).          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.