08-30-11 Wrecker Committee Meeting and Public Hearing

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Towing Administrative Rules Page 10 of 16 (2) means the tows umotor vehicles With ag Foss weight rating � more than 10,000 pounds, but less th, an 25,000 pounds; and (3) heavy-duty means the tows of T-notor vehicles with v gross weight rating that exceeds 25,000 pounds; and (4) drop charge means the maxim that may be charged for the release mthe vehicle before its removal frorn the prop" mparked (b) The maximum amount that may be charged for private property tows is as follows: M light duty tows —$250; xp medium duty tows —s35mand (m heavy duty tows —$wso per unit m" maximum wwpuo. I f the owner, authorized operator, or authorized agent of the owner ofa motorvehicte that is parked without the authorization of the property owner attempts to retrieve the "mmr vehicle before its removal from the property m parked location, the maximum amount that may n^ charged for odrop charge (if the motor vehicle is hooked up) is: (1) light duty tows —s12a (2) medlummuty tows —S1r5; and (d) If an awner, authorized operator, or authorized agent of the owner of vehicle is present before the mmomfrommw or arked location the tow operator shall advise the owner, authorized operator, or authorized agent of the own of a motor vehicle that he or she may offer payment of the towing drop charge. (e) For purposes of this seitfon, a tow company must accept cash, credit cerds and debit cards as payment for the drop charge, mm.mo. Reporting no o/remm -Tow ng Company, (New s April `a.mm8, 3* Tex/Reg 2a40, amen effective May 3, oo,oxxn=Reg*m6; amended effective September /'oo/4»aTexneg,m8) (a) Fee Schedules all tow companies. Before January o, of each year, a towing milpanv Most submit m the department a schedule show each towin fee the towing company charge v, collects /n connection vwm^^m^^°*ot towing. The filing required u' this Section ^w^t clearly separate fees for incident management tows from the fees charged for private property tows. (1) The fee schedule must w,clearly legible usin black ink and m1u-pom font and include (A) the name and license number of the towing company on file with the depaannent� and (8) the effective date(s) of the fees. (2)mdifferent fees are assessed for different geographic areas, a clear delineation between fees assessed for one area and fees assessed for another. (b)xo political subdivision begins regulating ^onmnsant tow fees, the towing company most report the fees m the department before the mthday after the municipal ordinance goes into effect. (c) Any changes mnoom,oaeotmwfeea,vvammabv"=y.ticmouuu/uo/onmvotuemv*teux^m*veo°um°ntuvmatownocom»anvuammmo 3mm day after the effective date ^r the change. k4Complete lists required sachum*^,^nmoommo^own|e*avo / mo schedule, the towing company ost include a complete list m all rmnoonmem towing fees charged uv the towing company, Partial towing fee schedules are not acceptable. Each filing /^m complete schedule of all ^^^wmv^mt towing fees of the company. (e)nmmunicip establishes private prop tow fees that are less than the private property tow fees authorized by §86.455, the fee schedule must separately identify tho municipalities and list each authorized fee. (f) If a municipality establishes private pro tow fees that are greater than the private property tow fees authorized orthis section, the private property tow fee schedule rnuv not exceed each fee authorized »x§8mAeo wo.6oa. Responsibilities w the o*»"mmavt-'moonnowe^, Fee Schedules. (New section adopted effective April /#o008,o3mvmegoo*0) The department will: 0 make filings w acceptable nomconsem towing fees sc available on itsmternet weysite; Cq reject any filing of^vmonvem towing fees Schedules that are not filemmaccordance with this section; and (3) make no determination as to the reasonableness of towing fees. �.650. Towing and Storage Advisory Board. (New section adopted effective April ��xReg 2940,r amended effective Alay42010, 35 TexReg 3486) A4 The advisory board consists of the ten members appointed by the chairman of t commission with the approv of the commission. The ten members include: (1) one representative ofe towing company operating m° co with " population of less than ^*+mmio^ (2) one representative of a toviing company operating in a county with a population of one-million or more; (3) one owner mm vehicle storage facility located ma county with o*opv|°vonv/ less than onm'mm/nm; (4) one owner v/mvmm*/ost^rao^mci|ity located mecounty with ^ population ur one-million o,more; (6) one law enforcement officer x^m^ county with a population of less than ww-w.||w`; (6) one law enforcement officer oomowvvnty°marono/u000mvoe-mm/om^'xw'°� (7) one parking facility owner, http://wNv 6/21/2011