Posted on 02/11/2005 6:57:30 AM PST by rw4site
Feb. 11, 2005, 1:53AM
AUSTIN - A bill to kill Houston's Safe Clear mandatory freeway towing ordinance got the fast treatment Thursday, catching the city flat-footed.
The bill by Sen. John Whitmire, D-Houston, won unanimous approval in a state Senate committee after a quick hearing. Every member of the full Senate has signed on except Rodney Ellis, D-Houston, who says he is monitoring the Safe Clear program.
A spokesman for Lt. Gov. David Dewhurst, who presides over the Senate, predicted Whitmire's bill will pass the full Senate when it votes next week.
"Thirty out of 31 senators support the bill and Lt. Gov. Dewhurst supports the will of the Senate," said spokesman Mark Miner.
State Rep. Robert Talton, R-Houston, has filed a similar bill in the House.
The measure is one of at least two that arose from hotly debated Houston traffic issues. Rep. Gary Elkins' bill to kill the city's proposed use of cameras to catch red-light violators will go to a House panel Tuesday.
In an unusual move for a local matter as controversial as Safe Clear, the Senate suspended its rules Thursday to take up Whitmire's bill. Because the meeting was not announced in advance, there was little opportunity for people who wanted to testify to make an appearance.
"I think it's an urgent matter that we put an end to this," Whitmire said. "It's a dangerous program. It's insensitive and punitive."
Safe Clear mandates that all stranded vehicles be removed from Houston's freeways by tow truck drivers under exclusive city contracts. Tow trucks are required to arrive within six minutes of police-ordered tows.
Whitmire's bill would prohibit cities from enacting mandatory nonconsent tows. It also would ban exclusive towing contracts on state highways — which Whitmire characterized as "privatizing" and "leasing" sections of state roads.
Drivers should have an opportunity to "timely and safely" repair a vehicle on the shoulder if it does not interfere with traffic, Whitmire said.
He suggested the city adopt a program similar to the county's Motorist Assistance Program, which focuses on getting vehicles safely moving again.
Mayor Bill White and other Safe Clear proponents argue that it helps reduce congestion caused by stalled cars and rubbernecking.
"I certainly think local governments should be given the flexibility to make highways safe," White said Tuesday in response to the Senate committee action.
The City Council has approved measures in response to public outcry about Safe Clear — one calling for free short tows instead of $75 minimum fees, and another allowing the city to pull the towing licenses of wrecker drivers with certain criminal backgrounds.
Councilwoman Ada Edwards noted that Safe Clear has had strong support from the council.
"Now it is interesting to see that people in Austin, some of whom aren't even from Houston, would not want to hear from us on an important local safety issue," she said. "I wish the Senate would act as quickly when it comes to issues like public health and education."
White declined to answer repeated questions about whether he was angered by the fast-track hearing. "I'm not going to get into the business of telling a state legislator what to do," White said.
White said it's unclear to him if the bill would affect Safe Clear even if it passed, because state law prohibits the legislature from creating laws that would negate existing contracts.
Eleven towing companies have one-year exclusive contracts to serve 29 sections of Houston freeways this year, but City Attorney Arturo Michel said the city actually has a five-year contract with these firms, with yearly options to renew. Michel said towing companies could claim that any law could not affect the Safe Clear ordinance for at least five years.
Even if Whitmire's bill is passed and goes into effect in Houston right away, Michel said it would not affect the portions of Safe Clear that deal with quickly clearing disabled cars from moving lanes of traffic.
State Rep. Garnet Coleman, D-Houston, who opposes the bill against Safe Clear, said the Senate committee took the quick action to avoid extensive testimony. Coleman said he believes the House will at least openly vet the bill.
The city hoped to start using cameras to issue civil citations in at least 10 dangerous intersections by April, and to expand the program to as many as 50 intersections.
Under Texas law, running a red light is a Class C misdemeanor that can only be regulated by the state, even though local governments are in charge of enforcement. In 2003, the House overwhelmingly voted not to allow cities to use cameras to issue criminal citations to red-light violators.
But state Rep. Linda Harper-Brown, R-Irving, inserted an amendment in the 2003 transportation bill giving cities the right to regulate transportation matters civilly or criminally.
The bill by Elkins would eliminate that amendment.
"It had unintended consequences," the Houston Republican said. "No one knew it was going to be used as a vehicle to use red-light cameras. No city has the power to override state law."
"It's soundly defeated every time," Elkins said. "The citizenry does not want red-light cameras utilized for police enforcement."
Elkins, who filed the bill in December, said he hopes it is quickly passed out of committee. The earliest he imagines the House will vote on it is early March.
Elkins appears to have wide support. Houston-area representatives co-authoring the bill include Republicans Dwayne Bohac, Wayne Smith and Corbin Van Arsdale and Democrats Coleman, Harold Dutton, Joe Moreno, Melissa Noriega, Senfronia Thompson and Sylvester Turner.
Chronicle reporter Ron Nissimov contributed from Houston.
I'll be away from the PC most of the day. If I get back in time this evening, I may respond to some posts.
Have a good day!
Edwards has said many times if you don't like the laws then you can go to your state representative and get them changed. She is contradicting herself on this issue.
I am against the Mandatory Tow especially if they accept convicted criminals (tow drivers) into the program. Since tow driver are required to take you home.
Houston's Big-Time Democrat Mayor Bill White gets slapped down by fellow democrat John Whitmire!
I live in Houston and I don't think this Clear/Tow city ordinance got enough study on the front-end.
It was hastly passed and most of the people I know don't like it and think it illegible. Now, I think the City Council has modified it somewhat -- to allow for a "free" tow to a destination closer than 1 mile.
Of course, nothing is ever FREE. So if this new version holds, the taxpayers will have to pay for the tows of cars which break down on the free.
All of this because some people think that cars, stalled on the side of the road, make traveling on the freeways more dangerous.
Pray tell, how did we EVER traverse the freeways in olden days when there would be a -- GASP -- car stopped on the side of the road?
Poor proofread skills:
I meant to type "illegal", not "illegible". Funny.
For this sort of program to be done right would cost a lot more money and generate other issues as well.
Whitmire (Whitless) aspires to higher office in the state. He does not stand a chance in heck without heavy support in Houston.
City of Houston is at it again. Now they are going around Taxing people even if you don't live in the city limits. To top it off the city does not provide ANY service of ANY kind. Basically the City is raising sales tax 1% in areas miles outside of the city limits. I can't see how this can fly.
Umm... so, who's going to be left to do any towing?
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