Anti-Regulation Bill Passes in Texas

The Texas Regulatory Consistency Act (HB 2127) (“TRCA”) has passed the House and most recently the Senate, and is now heading towards Governor Abbott’s desk for the last remaining step to passing. Abbott is expected to sign it, as he supports the Bill, along with Business Lobbying Groups.

This controversial bill, passed along partisan lines, with Republicans in support and Democrats against, overhauls city and county regulation of licensed occupations in Texas. If signed by Gov. Abbott, it will go into effect on September 1, 2023.

According to the Southwest Tow Operators, “The TRCA allows a person licensed under the Texas Occupations Code (such as a towing company or a vehicle storage facility) to sue certain governmental actors (such as counties, municipalities, and county or municipal officials) for passing or maintaining an ordinance, order, or rule that results in an injury in fact to the licensed person.”

They further assert that, “The bill’s purpose is to provide statewide consistency by returning sovereign regulatory powers to the state where those powers belong in accordance with the Texas Constitution. The bill says unless the state specifically delegated power to a city or county to regulate an industry, any ordinance, order, or rule regulating the licensee’s conduct is void and of no effect. If the city or county persists in enforcing the offending regulation, the licensee can sue the city or county to have the ordinance declared void. The affected licensee can also recover its attorney’s fees and costs in the suit.”

Source: Facebook, Southwest Tow Operators

Tow Truck Bribery Scheme Lands Officer in Prison

Michael Perri, a former Queens police officer who owned a tow truck and automobile business, was sentenced to 33 months in prison. He was found guilty of conspiring with two other police officers, James Davneiro and Giancarlo Osma, to steer work to his repair shop.

Under this illicit arrangement, Davneiro and Osma were instructed to redirect damaged vehicles from car accidents to Perri’s establishment, disregarding the established procedures within the NYPD that ensured fair treatment for all towing and automobile businesses within the assigned area. The standard procedure, known as the Directed Accident Response Program (DARP), utilizes a computer system to randomly assign an appropriate towing company to the accident scene.

By sidestepping the DARP system, Davneiro and Osma enabled Perri’s business to receive preferential treatment.

Perri compensated the two officers with over $50,000 in bribes for their assistance in directing all accident-related business to his establishment. In November 2022, Perri pleaded guilty to charges of conspiring to use interstate facilities to commit bribery. Apart from the $158,000 he has already forfeited to the government, Perri has been ordered to pay an additional fine of $25,000. Davneiro and Osma have agreed to forfeit $25,000 $26,011, respectively.

Source: longisland.com

Senator Doug Mastriano (R), who spearheaded legislation in support of Pennsylvania’s Blue Lights Law, held an event in front of the Pennsylvania Capitol to highlight the new law and bring awareness to PA’s Slow Down Move Over Laws. He also spoke of introducing new SDMO signage on highways that would show the faces and give tribute to fallen towers. During his speech, Mastriano was dressed in a yellow safety vest and surrounded by tow trucks with blue flashing lights alongside other representatives of the industry.

“Enabling tow truck drivers to use blue lights will protect roadside assistance workers as they help stranded drivers,” Mastriano emphasized. “We want our tow truck drivers to make it home to their families at the end of the day.”

Mastriano cited studies conducted by the Texas Department of Transportation and University of Michigan which claimed drivers routinely ignored yellow or orange lights. Recent studies show that blue lights elicit a better response from drivers, are more visible in hazardous conditions, and give distracted drivers more time to see and react when approaching a potential accident.

Source: gettysburgtimes.com

Birmingham Tackles Predatory Towing

Birmingham, Alabama plans on implementing a new towing ordinance that is currently being drafted to address the public outcry over the challenges of finding parking in downtown Birmingham and aggressive towing practices. City leaders, with the support of the Mayor, say they are aware of the problem and are working to eliminate the issue. The Birmingham parking authority is also developing a plan for better parking, stressing they are still gathering feedback and thoughts.

Source: wbrc.com