The commission must set private-property tow fees and fee caps, the department must contract for a towing-fee study every two years, and the commission must keep certain study information confidential.
Sec. 2308.0575. RULES ON FEES; CONTRACT FOR STUDY; CONFIDENTIAL INFORMATION. (a) To protect the public health and safety, the commission by rule 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. (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. Added by Acts 2009, 81st Leg., R.S., Ch. 1310 (H.B. 2571), Sec. 3, eff. September 1, 2010.