Tangled towing laws leave locals in the lurch

McALLEN - Martin Hernandez couldn't find his car.

He'd parked it near Cinemark Movies 6, but the spot where it had been was now empty.

Police told Hernandez, now stranded on the street with his wife, sister-in-law and granddaughter, that AM/PM Towing had taken his vehicle.

At the time, Hernandez had no idea AM/PM illegally posted the signs used to justify the tow or that McAllen police are investigating AM/PM for stealing cars. He was just concerned with the hefty fee.

"I flipped over when the guy said $341," Hernandez said.

He flipped again when he learned AM/PM's regularly tows city vehicles. Numerous calls to AM/PM requesting comment were not returned.

Hernandez filed a police report that night complaining about the exorbitant charge, but he probably wasted his time.

A maze of confusing federal laws bar state and local governments from regulating tow truck companies, with few exceptions. Local cities interpret the laws differently. Edinburg regulates towing fees; McAllen says it can't.

Administrative changes in Austin, meanwhile, make tracking unscrupulous companies difficult.

Even those who take towing companies to court find little relief - in many cases, the companies refuse to pay court-ordered judgments. The cost of taking a company to civil court and forcing payment usually exceeds the expected payout, said McAllen City Attorney Kevin Pagan.

"On the aggregate, it's a big problem," Pagan said. "In our mind, it's exactly the sort of thing we should regulate."

Complaints

McAllen's police, politicians and city workers all receive frequent complaints about towing companies, but say they can only watch them pile up.

In Edinburg, a city ordinance dictates how much towing companies can charge for particular types of towing. Attorneys in each city read the law differently, resulting in vastly different towing fees in lots just miles apart.

"The tow companies told us in no uncertain terms that they would take us to court if we (capped involuntary towing rates)," Pagan said. "We didn't just roll over on this."

Texas law allows cities to limit certain towing fees, but only to the extent permitted by federal law, which appears to ban Texas from regulating at all. That confusion has been little comfort to Hernandez, who a month after filing his complaint has heard nothing.

If Veronica Villarreal's case is any indication, he likely never will.

Three years after All-Texas Towing carted off her red Ford Explorer and a judge ordered the company to refund the $162 fee, All-Texas hasn't paid a cent. A man who answered the phone at All-Texas said he was too busy towing cars damaged by Hurricane Dolly to comment.

In a letter to state and local officials, Villarreal complained everyone seemed powerless to help her - despite a judge's finding that All-Texas didn't post tow-away signs and the lot's owner had no problem with people parking there.

All-Texas continues to tow vehicles in McAllen.

AM/PM still tows city vehicles, which makes at least one McAllen police officer uncomfortable.

"Have we contacted legal concerning the status of AM/PM's towing contract with the city? "As you are aware, they are under investigation by our department for auto thefts and have also conducted illegal/improper tows," wrote Sgt. Eduardo De la Rosa in an e-mail copied to city police and leaders.

"It does not look good for the city ... having AM/PM towing for us if their business practices are continually in question."

Bad Apples

The majority of towing companies follow the law and treat customers fairly, said Joann Messina, co-founder of Southwest Tow Operators, which represents about 450 Texas towing companies.

Still, she advised finding a reputable tow company before leaving home.

New safety regulations, one of the few areas states can control, will require criminal background checks, drug tests and licensing for all tow truck drivers.

"I think we're going to see a big change in the industry in the next few years," said Messina, adding media reports of towing horror stories damage honest towing companies and bias discussions of regulation.

Increased regulation would cause more problems than it would solve, Messina said. Laws wouldn't keep pace with rising gas and insurance prices, hurting towing companies.

"They're looking at the consumer side of it, not the business side of it," Messina said. "It's not the general public (getting towed). It's just the people that don't follow parking rules."

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Dave Hendricks covers general assignments for The Monitor. He can be reached at (956) 683-4454.