TDLR Alert

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TDLR has published proposed rule changes for Chapter 85, Vehicle Storage Facilities and for Chapter 86, Vehicle Towing and Booting. Both of these proposed rule changes have to do with FEES. It is very important that you read them carefully and submit any comments to TDLR in WRITING before November 17. Comments can be emailed to erule.comments@tdlr.texas.gov. Southwest Tow Operators will be sending you our comments on the proposed changes in the next week. Your input is very important to us and to TDLR. Please take the time to comment in writing.

Vehicle Storage Facilities:

The proposed rules will implement an “Environmental Hazard” fee for VSF’s (not towing, or accident clean up related).

The VSF proposed rules can be found at http://www.tdlr.texas.gov/towing/vsfproprules.htm.

Vehicle Towing:

The Texas Department of Licensing and Regulation (Department) proposes amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 86, §86.455, regarding the Vehicle Towing and Booting program.

The proposed amendments are necessary to implement Texas Occupations Code, §2308.0575(f) which requires the Department to conduct a study on private property towing fees at least once every two years. The proposed increases to the maximum amounts that may be charged for private property tows were calculated based on changes in the Consumer Price Index (CPI) for 2013 and 2014. The specific cost components used in the calculation include: (1) motor vehicle maintenance and repair; (2) vehicle insurance; and (3) gasoline (Southern States). 

If other cost components are more industry specific, the Department encourages commenters to identify the other cost components and provide cites to the sources of the alternative CPI adjustments.

The proposed amendments to §86.455 are a result of the mandated study and increase the maximum amount that may be charged for private property light duty tows ($255), medium duty tows ($357), and heavy duty tows ($459 per unit, not to exceed $918). The proposed amendments also increase the amounts that may be charged by tow companies for dropping the vehicle instead of towing it to a licensed vehicle storage facility.

The maximum amount that may be charged dropping the vehicle in place is $127 for light duty tows, $178 for medium duty tows, and $229 for heavy duty tows.