89R6032 AND-F     By: Alvarado S.B. No. 1175       A BILL TO BE ENTITLED   AN ACT   relating to the biennial adjustment of certain towing fees and   maximum charges.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 2308.0575, Occupations Code, is amended   to read as follows:          Sec. 2308.0575.  BIENNIAL ADJUSTMENT OF CERTAIN [RULES ON]   FEES AND MAXIMUM CHARGES[; CONTRACT FOR STUDY; CONFIDENTIAL   INFORMATION].  (a) In this section, "consumer price index" means   the Consumer Price Index for All Urban Consumers (CPI-U) published   by the Bureau of Labor Statistics of the United States Department of   Labor.          (b)  To protect the public health and safety and subject to   Subsection (c), in each odd-numbered year the commission, not later   than November 1, by rule may adjust [shall establish]:                (1)  the fees that may be charged in connection with a   private property tow;                (2)  the maximum amount that may be charged for fees,   other than tow fees, that may be assessed by a towing company in   connection with a private property tow; and                (3)  a maximum amount that may be charged for the   following private property tows:                      (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.          (c)  The commission may adjust fees and maximum charge   amounts under Subsection (b) by an amount equal to the amount of the   applicable fee or charge amount in effect on December 31 of the   preceding year multiplied by the percentage increase or decrease in   the consumer price index during the most immediate preceding state   fiscal biennium.          (d)  If a fee or maximum charge amount is adjusted under this   section, the commission shall publish the adjusted fee or amount on   the department's Internet website.          (e)  A fee or maximum charge amount adjusted under this   section is effective beginning the January 1 following the adoption   of a rule under this section.          (f)  If a fee or maximum charge amount is decreased under   this section, the operator of a vehicle towing company, as defined   by Section 2308.002, shall begin charging the adjusted fee or   amount on the effective date of the decrease.  If a fee or maximum   charge amount is increased under this section, the operator may   begin charging the adjusted fee or amount at any time on or after   the effective date of the increase.          [(b)  In adopting rules under Subsection (a), the commission   shall contract for a study that:                [(1)  examines towing fee studies conducted by   municipalities in this state; and                [(2)  analyzes the cost of towing services by company,   the consumer price index, the geographic area, and individual cost   components.          [(c)  The commission may structure the maximum amounts that   may be charged for private property tows based on hourly or flat   fees or by geographic location.          [(d)  The commission shall maintain the confidentiality of   information contained in a study conducted under this section that   is claimed to be confidential for competitive purposes and may not   release information that identifies a person or company.  The   confidential information is exempt from disclosure under Chapter   552, Government Code.          [(e)  To protect the confidentiality of the information, the   commission shall aggregate the information to the maximum extent   possible considering the purpose of the study.          [(f)  The department shall contract to conduct a study on   private property towing fees under this section at least once every   two years.]          SECTION 2.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.