Comal County adopts local towing order after extensive public comment; rotation list, discipline matrix, and county-only billing clarified

Comal County Commissioners on Nov. 6 adopted Order No. 552, a local regulation governing wrecker and towing services used for county-ordered tows (including evidentiary tows, county-owned vehicle tow requests and abandoned vehicles). The order establishes a process for accepting applications to a county rotation list, defines who is eligible for that list, sets response-time expectations, and creates a discipline matrix for noncompliance.

Staff framed the order as compatible with Texas Department of Licensing and Regulation (TDLR) oversight while adding county-specific requirements. "As you know, we've been working on this, for quite some time," staff said, and emphasized that TDLR licenses and vehicle-storage-facility (VSF) standards factor into the county's approach.

Key provisions adopted

- Rotation list and application deadline: Interested TDLR-licensed towing companies that also independently own a vehicle storage facility located in Comal County may submit a fully executed application to the Comal County Sheriff's Office by Dec. 1. The sheriff will forward recommended agreements to the court prior to Feb. 1 for formal execution. The rotation assignment will list two towing companies per week to be called on alternating calls, with a backup list for additional needs or large scenes.

- Eligibility and definition: The order includes a county definition that requires an applicant to independently own a VSF in Comal County to qualify for the county rotation list; the court accepted the definition as presented. Several public commenters asked that the county use the TDLR definition instead, arguing the county requirement could restrict competition.

- Fees and billing: The order directs that county-ordered tows be billed at amounts not to exceed allowable TDLR fees, and allows adjustments for unforeseeable or justifiable circumstances requiring extra resources (for example, vehicle fires or severe mechanical failures). Staff displayed the current TDLR private-tow fees during the presentation.

- Discipline matrix and implementation: The order sets escalating enforcement steps (written reprimands, suspension, termination) for violations such as failing to answer dispatch calls or TDLR violations. The sheriff and county staff said the sheriff’s office will manage dispatching and work with providers to implement the rotation process and related software systems.

Public comment and concerns

Multiple tow-industry representatives spoke during the public-comment period:

- JJ Hernandez (Interstate Towing) asked about equipment requirements and whether the sheriff's office would perform equipment checks; staff answered that implementation details would be handled by the sheriff’s office and are not enumerated in the order.

- A towing-industry speaker objected that the county’s definition diverges from TDLR’s definition and urged using TDLR’s standard; he argued the county requirement for a locally owned VSF would favor certain companies and adversely affect operators in other precincts.

- Rodrigo Amaya (prospective operator and former DOT trooper) raised safety and legal concerns, warning that removing zones could increase response times and create risks on county roadways.

- Armando Hernandez (Hernandez Service Center) urged strict vetting and said local law enforcement can assist with background checks.

Responses from sheriff and commissioners

The sheriff told the court that implementation will be workable and that the sheriff’s office is already coordinating with agencies and vendors to operate the rotation and review implementation after the first year. Commissioners said the order is a starting point that can be revised after experience and asked providers to document issues so the court and sheriff’s office can consider changes.

Action taken

The court voted to adopt Order No. 552 and authorized staff and the sheriff’s office to accept applications and begin implementing the rotation process. The order includes a provision for an annual review of the program to consider needed adjustments.

Speakers (attributed)

- County staff (presenter) - Commissioner Webb (sponsor) - Sheriff (speaker) - JJ Hernandez — Owner, Interstate Towing (public comment) - Rodrigo Amaya — Prospective business owner, former DOT trooper (public comment) - Armando Hernandez — Hernandez Service Center (public comment)

Authorities

- Texas Department of Licensing and Regulation (TDLR) regulations — referenced as the state standard for towing and VSF licensing. - Order No. 552 — "Local regulations of wrecker and towing services" (as presented to the court).

Actions

- Motion: Approve Order No. 552 establishing county procedures for towing company rotation, discipline and billing for county-ordered tows; mover: Commissioner Webb; second: Commissioner Leacotte; outcome: approved.

Clarifying details

- Application deadline to the sheriff: Dec. 1 (applications accepted for placement on the county rotation list). The sheriff will submit recommended agreements to the commissioners prior to Feb. 1 for approval. - Rotation assignment: Two towing companies assigned per rotation week to be called on alternating calls; sheriff’s office may request additional companies as needed for large scenes or emergencies. - Response times: Order adjusts prior expectations (transcript shows previous times changed to 45 minutes for light/medium and 75 minutes for heavy, to reflect countywide response planning). - Discipline matrix: Escalating written reprimands, suspension, and potential termination for failures to meet contract obligations; TDLR compliance remains required.

Provenance

- topicintro: transcript block starting at 00:24:17: "Judge, commissioners, I'll provide some background for this. As you know, we've been working on this, for quite some time." (block 1457.64) - topfinish: transcript block starting at 00:48:40: "All opposed, same sign. Motion carries." (block 2920.4648)

Searchable_tags:["towing","Order 552","TDLR","sheriff","public safety"]