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<br />November 10, 2008 <br />page 2 <br /> <br />The second question asked was whether the City can classify a tow <br />as "non-consent", when the police allow a vehicle owner to request <br />the final destination of the tow. There were related concerns <br />about allowing vehicles to be towed outside the general area. <br /> <br />The City Attorney's office is satisfied that a tow is still deemed <br />"non-consent", even when the police allow the vehicle owner to <br />choose the destination of the towed vehicle, because Texas <br />Occupation Code Section 2308.002, defines a "con~ent to'l.t" as any <br />tow "ini tiated by the owner or operator of the vehicle or by a <br />person who has possession, custody, or control of the vehicle. The <br />term :!does -n0t include.....a~tow of a motor vehicle ini tia ted by a peace <br />o~fi9E::_J;:. investigating a tralrn::--accroent-ar-atraffie-Tiicldent that <br />involves the vehicle." (emphasis added) <br /> <br />-_. <br /> <br />Also, Section 2308.205 states that "a towing company that makes a <br />non consent tow shall tow the vehicle to a vehicle storage facility <br />that is operated by a person who holds a license to operate the <br />facility under Chapter 2303, unless the towing company agrees to <br />take the vehicle to a location designated by the vehicle's owner." <br />The clear implication of this statute is that even when allowance <br />is made for the vehicle owner to request where the vehicle is <br />taken, the tow is still considered "non consent". <br /> <br />Finally, as to the authority of the City to prescribe per mile fees <br />for out of town tows, Occupations Code Section 2308.202 states that <br />"the governing body of a political subdivision may regulate the <br />fees that may be charged or collected in connection with a non- <br />consent tow originating in the territory of the pOlitical <br />subdivision. <br /> <br />Thank you, and should you have any questions, please do not <br />hesitate to give me a call. <br /> <br />Yours very truly, <br /> <br />~/~ <br /> <br />Clark T. Askins <br />Assistant City Attorney <br />City of La Porte <br /> <br />CTA: sw <br />Attachment <br />cc: Mr. Ron Bottoms, City Manager <br />Mr. John Joerns, Assistant City Manager <br />Ms. Martha A. Gillett, city Secretary <br />Mr. Knox W. Askins, City Attorney <br />