Senate committee advances bill giving officers discretion to tow when drivers lack license or proof of insurance
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Summary
The Senate Transportation Committee advanced Senate Bill 857 after debate over officer discretion, verification of insurance through state systems and the potential costs to motorists of towing and impound fees.
Senator Schwartner urged the Senate Transportation Committee on Wednesday to approve Senate Bill 857, which “gives law enforcement the discretionary authority to tow a vehicle when the driver is unlicensed, has a suspended, canceled, or revoked license, or is unable to show proof of insurance.”
The bill’s author said the measure is intended to free officers’ time at traffic stops and deter repeat offenders. “This would be an effective tool to both dissuade repeat offenders and free up officers' time at traffic stops,” Senator Schwartner said while laying out the bill for the committee.
In testimony and questions, officials from the Department of Public Safety described how the proposal would work in practice. Ben Urbancic, Texas Highway Patrol assistant chief, told the committee an officer would first check the state insurance verification system and could exercise discretion to tow only if the system showed no proof of financial responsibility. “You know, through the checks and the computer, and they don't have any evidence of financial responsibility, yes, at the discretion of the officer,” Urbancic said.
Committee members pressed witnesses on practical consequences. Senator Hinojosa asked what happens to a driver after a vehicle is towed; witnesses said officers could allow a driver to call someone to pick them up but acknowledged that private towing and storage fees vary widely. “Those fees are set and regulated. ... If it's a truck tractor or semi trailers ... it can be expensive,” a resource witness said when asked about typical retrieval costs.
Members also discussed civil-liability concerns raised by law enforcement. Witnesses described a worry that agencies could face lawsuits if officers ticket a motorist for no insurance or no license and then allow that person to drive away and they later cause a crash. Committee discussion noted that, under the bill, officers would retain discretion and that proof of insurance in the system would typically prevent a tow and related citation.
The measure drew practical questions about scope and enforcement: senators asked whether the statewide insurance verification system is considered accurate (witnesses answered yes), what percentage of traffic stops involve uninsured drivers (a witness said the exact percentage was unknown but cited a general estimate that about 25% of drivers are uninsured), and whether the bill changes an existing requirement to check the system (it does not).
After debate, the committee reported SB 857 favorably to the full Senate with a roll-call recommendation that it do pass (9 ayes, 0 nays).
