In certain counties, the sheriff's office may keep a tow rotation list, must notify/contact towing companies after a nonconsent tow request, and must make the list public; certain unauthorized conduct at collision scenes is an offense.
Sec. 2308.209. TOW ROTATION LIST IN CERTAIN COUNTIES. (a) Repealed by Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 27.002(37), eff. September 1, 2009. (b) This section applies only to the unincorporated area of a county: (1) with a population of 450,000 or more that is adjacent to a county with a population of 3.3 million or more; (2) with a population of less than 9,000 that is located in a national forest; or (3) adjacent to a county described by Subdivision (2) that has a population of less than 75,000. (c) The sheriff's office may maintain a list of towing companies to perform nonconsent tows of motor vehicles initiated by a peace officer investigating a traffic collision or a traffic incident. The towing companies must operate in a county to which this section applies. (d) A peace officer initiating a nonconsent tow of a motor vehicle involved in a traffic collision or traffic incident that the officer is investigating shall notify the sheriff's office that the tow is being initiated. The sheriff's office shall contact successive towing companies on the tow rotation list until a company agrees to carry out the tow. (e) The sheriff's office may assess a towing company an administrative fee to be included on the tow rotation list in an amount not to exceed the amount necessary to implement this section. (f) The commissioners court of a county in which a list is maintained under Subsection (c) shall adopt policies to implement this section in a manner that ensures: (1) equal distribution of nonconsent tows among the towing companies that perform nonconsent tows in the county; and (2) consumer protection, including fair pricing, for owners or operators of motor vehicles towed by towing companies on the tow rotation list. (g) The sheriff's office shall make a list maintained under this section available for public inspection. (h) In a county in which a list is maintained under Subsection (c), a person commits an offense if: (1) the person arrives at the scene of a traffic collision or traffic incident to perform a nonconsent tow of a motor vehicle without first being contacted by the sheriff's office; (2) the person directly or indirectly solicits, on streets located in the county, towing services, including towing, removing, repairing, wrecking, storing, trading, selling, or purchasing related to a vehicle that has been damaged in a collision to the extent that it cannot be normally and safely driven; or (3) the person enters the scene of a traffic collision, traffic incident, or other area under the control of a peace officer without the permission of the peace officer. (i) An offense under Subsection (h) is a misdemeanor punishable by a fine of not less than $1 or more than $200. Added by Acts 2007, 80th Leg., R.S., Ch. 162 (S.B. 500), Sec. 1, eff. September 1, 2007. Transferred from Transportation Code, Section 643.209 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(109), eff. September 1, 2009. Amended by: Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.002(37), eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 108, eff. September 1, 2011. Acts 2015, 84th Leg., R.S., Ch. 102 (H.B. 2213), Sec. 1, eff. May 23, 2015. Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 207, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 138, eff. September 1, 2023.