1. (a) Fee Schedules all tow companies. Before January 31 of each year, a towing company must submit to the department a schedule showing each towing fee the towing company charges or collects in connection with nonconsent towing. The filing required by this section must clearly separate fees for incident management tows from the fees charged for private property tows.

   1. (1) The fee schedule must be clearly legible, using black ink and in 12-point font and include:

      1. (A) the name and license number of the towing company on file with the department; and
      2. (B) the effective date(s) of the fees.
   2. (2) If different fees are assessed for different geographic areas, a clear delineation between fees assessed for one area and fees assessed for another.
2. (b) If a political subdivision begins regulating nonconsent tow fees, the towing company must report the fees to the department before the 30th day after the municipal ordinance goes into effect.
3. (c) Any changes in nonconsent tow fees regulated by a political subdivision must be reported to the department by the towing company before the 30th day after the effective date of the change.
4. (d) Complete lists required. Each time a towing company files a nonconsent towing fee schedule, the towing company must include a complete list of all nonconsent towing fees charged by the towing company. Partial towing fee schedules are not acceptable. Each filing is a complete schedule of all nonconsent towing fees of the company.
5. (e) If a municipality establishes private property tow fees that are less than the private property tow fees authorized by §86.455, the fee schedule must separately identify those municipalities and list each authorized fee.
6. (f) If a municipality establishes private property tow fees that are greater than the private property tow fees authorized by this section, the private property tow fee schedule may not exceed each fee authorized by §86.455.

Source Note:The provisions of this §86.500 adopted to be effective April 15, 2008, 33 TexReg 2940; amended to be effective May 3, 2010, 35 TexReg 3486; amended to be effective September 1, 2010, 35 TexReg 7788.