ROADWAY CLEARANCE PROGRAM IN CERTAIN COUNTIES; OFFENSE

(a) In this section, "freeway" has the meaning assigned by Section 541.302, Transportation Code. (b) The commissioners court of a county adjacent to a county with a population of more than 3.3 million by order may establish a program: (1) for maintaining the safe movement of traffic on county freeways; and (2) under which a peace officer designated by the sheriff's office or the commissioners court is authorized to direct, at the scene of an incident or remotely, a towing company, only for the purpose of the program, to: (A) remove from a freeway, including the shoulder of a freeway, a vehicle that is impeding the safe movement of traffic; and (B) relocate the vehicle to the closest safe location for the vehicle to be stored. (c) An order under Subsection (b) must ensure the protection of the public and the safe and efficient operation of towing and storage services in the county. (d) The commissioners court of a county operating a program under this section: (1) may enter into an agreement with a federal agency, state agency, municipality, adjacent county, metropolitan rapid transit authority, or regional planning organization or any other governmental entity for the purpose of carrying out the program; and (2) may apply for grants and other funding to carry out the program. (e) A towing company or towing operator commits an offense if the company or operator violates a provision of an order establishing a program under this section relating to: (1) the presence of a tow truck at the scene of an incident on a freeway or other area under the jurisdiction of the program; or (2) the offering of towing or related services on a freeway or other area under the jurisdiction of the program. (f) An offense under Subsection (e) is a misdemeanor punishable by a fine of not less than $1 or more than $200.