Kleberg considers crackdown on towing fees, county judge says
PADRE ISLAND NATIONAL SEASHORE - Kleberg County is looking into regulating tow truck fees after complaints last weekend of $2,500 tows from the Padre Island National Seashore.
County Judge Pete de la Garza said Thursday he would ask Texas Association of Counties lawyers for an opinion whether the county can regulate fees on the National Seashore. State law says cities and counties can set caps for fees, though de la Garza said he wants to make sure that applies to the federal park within Kleberg County.
"If that code pans out to be correct, my Commissioners Court would have no problem at all setting fees and regulating them," de la Garza said. "This is becoming a big problem. Any time an entity is not regulated it can be abused."
Chief Ranger DeDe Mladuckyof the National Seashore said Friday the provision should apply to federal land, though she welcomed a second opinion.
Cities and counties can regulate fees for non-consent tows, or those in which the vehicle's owner did not call the wrecker service, such as a tow for illegal parking or parking in a private lot, or from an accident scene.
A bill that has passed both houses of the Legislature would provide more state regulation of fees. The Texas Towing and Storage Association supports the measure.
County and municipal regulation is spotty, according to a legislative analysis of the bill.
The problem was brought to light during the 2008 Texas vs. Oklahoma football game at the Cotton Bowl, where many fans had their cars towed and complained about excessive fees, insufficient information about towing companies and questionable signs. They also complained about the state's inability to take action against the towing companies.
The incident on the National Seashore over Memorial Day weekend has sparked local interest in towing regulations.
The City of Corpus Christi limits fees for non-consent tows to $90, or $200 for larger wreckers, plus fees for impounding, using dollies, pulling cars out of ditches or water, towing long distances, and storage. Nueces County does not regulate fees.
Four trucks belonging to fishermen who were parked illegally at the Bird Island Basin boat ramp in Kleberg County were towed by Sanford's Wrecker Service. The fishermen were billed $2,500 apiece.
Sanford Amey, owner of Sanford's Wrecker Service, has said he charges by the pound and that he has expensive equipment and the charges reflect the difficulty of the job. Because Kleberg County doesn't regulate fees, a towing business can charge a rate within the fee range it has sent the Texas Department of Licensing and Regulation. Amey has informed the state that his fees can be up to $20,000.
Capt. Sam Garcia of the Kleberg County Sheriff's Office said the department receives complaints about every two or three months about overcharging by one of the 15 wrecker services on its rotation. Law enforcement agencies keep lists of companies to call for towing.
Amey's two companies remain on the rotation at the National Seashore and the Corpus Christi Police Department. Mladucky said park rangers continue to investigate whether the company violated any procedures and should be removed from the list.
Aaron Rios, who oversees towing for the Corpus Christi Police Department, said he couldn't say whether complaints against Amey's companies have been lodged with the department. The agency gathers evidence and holds hearings about complaints, and companies can be put on probation or permanently removed from the list if they violate procedures, Rios said.
Rios, who has overseen towing since 1999, said no companies in that time have been removed permanently. One of Amey's companies has been on probation before but was reinstated, Rios said. He couldn't remember the complaint.
The state has 10 complaints filed against the two companies since 2007.
(article link http://www.caller.com/news/2009/may/29/kleberg-considers-crackdown-towing-fees-county-jud/
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