Governor Signs HB2571 Into Law

Come this September 1st, vehicle owners and operators will have greater abilities to recover increased financial damages because of illegal towing by towing companies and parking facilities.

In addition to these new changes in the Texas Towing Law, law enforcement agencies will be able to file a Class B Misdemeanor against wrecker drivers who repeatedly tow vehicles without probable cause. Instead of a simple ticket as now, we expect wrecker drivers and parking facility owners/managers to be arrested and transported to Jail.

After September 1st, 2009, if you pay $200 to retrieve your vehicle that has been towed without your consent from a private parking lot, the parking facility and/or towing company will be liable for $1000.00 instead of the current $300.00, plus triple damages, for violating the Texas Towing Law.

I expect those towing companies and parking facilities to obey the law with these increased penalties, civil and criminal. It may take a couple of years before they learn it is wise to follow the law instead of taking that chance that a vehicle owner or operator or some law enforcement agency is not up on the changes in State Law.

Come September 1, 2010, there will the a maximum tow fee for nonconsent towing throughout the State of Texas.

Breaking News: Senate Passes HB2571, Goes To Governor

I am so pleased that the Texas Legislature has answered the thousands of victims who's vehicles were illegal towed all over our State by passing HB2571. Those wrecker drivers who over and over again take advantage of motorists will be subject to immediate arrest for their criminal acts. Their tow truck will be impounded and TDLR will suspend the operator's license.

The towing scams involving tractor trailers, forcing their operators to pay in access of a $1000.00, when their trucks were outright stolen, based on the fact the towing company "gave" kickbacks to the property owner/manager in exchange for the authorization to tow vehicles from their property.

The recent towing scam in Austin, involving Central Towing, to which it's owner was arrested, is a prime example of how law enforcement agencies across the State should address the criminal illegal towing in their community.

Come May 1, 2010, the Texas Department of Licensing & Regulation will established maximum fees towing companies can charge vehicle owners or operators. This should stop the abusive charges that many vehicle owners cannot afford.

Once again, the Texas Towing Law, which originated in 1992 has been amended once again that will finally hold towing companies and parking facility owners criminally responsible for the action. In addition, a parking facility will be liable to a vehicle owner for $1000.00 plus triple damages for violating the Towing Law, Occupation Code 2308.251, in addition to attorney fees. This alone should make property managers think twice before asking for or accepting something free from a towing company.

This is a win win for parking facility owners and towing companies, as competition will become fair, because sacrificing their integrity for the sake of profit, will cost violators their freedom and huge sums of money.

Vehicle owners will have even more rights now, as the vehicle storage facility will be required to provide the name of the "person" who authorized the tow.

For further information on how HB2571 will drastically change the landscape of the Texas Towing Law, click here for that information.

Two More Wrecker Drivers Arrested

Two local towing companies had to retrieve their tow trucks from the city impound, after their drivers were arrested for outstanding warrants. One wrecker driver had 1 traffic and 4 city ordinance violation warrants, while the other had two felony theft (illegal tow) warrants and 5 traffic warrants.

Wrecker drivers towing vehicles from private parking lot within the city limits of Austin best heed the warning, because APD knows the rules and is enforcing them.

So, the next time, you demand money your not entitled to, just remember that person could be an undercover police officer.

Towing Company Owner Arrested This Morning

Donald Creamer, President of Central Towing Inc of Austin, Texas was arrested this morning at 9:00am by Austin Police Officers at Mopac and William Cannon. Creamer is currently sitting in the Travis County Jail with a $10,000.00 bond. Now is the time, for any victim burned by this towing company, to contact the Austin Police Department at 512-974-5000 or 311.

There is no reason not to believe their are more victims of illegal towing by the company.

Felony Arrest Warrant Issued for Central Towing Inc President/Owner

The towing scam that happened over a three day period at a Whataburger located in Austin, Texas during the South by Southwest Music Festival that involved Central Towing Inc, TDLR License No. 05672220C, has resulted in a felony arrest warrant being issued today for its company President, Donald Creamer. (D1DC-09301068)

The President of the Austin Towing Association, Reid Courtney, told me recently in a telephone call, that Central was not a member of their organization, yet the Creamers, Donald and Catherine attend association meetings. Regardless, Central Towing is listed within the Austin Towing Association website.

This criminal conduct by Central Towing's owners, employees, spotters and drivers are no different than their counterparts, who operate a very unscrupulous business. Their day is coming, when they also will have an arrest warrant with their name on it.

Towing companies who prey on consumers and operate outside the law will be prosecuted to the fullest extent of the law in Austin, Texas.

It's always wise to call 311 or 512-974-5000 and file an offense report for an illegal tow, if towed from a parking facility within the city limits of Austin, because of ongoing criminal activity by select towing companies.

The Texas Department of Licensing & Regulation is aware of this warrant being issued and the actions of this company should result in sanctions and fines. I know the Texas Attorney General is further pursuing action against Central's owners for a previous towing company that was shutdown.

Changes Coming Soon To Address Corrupt Towing Companies & Wrecker Drivers

This week has been somewhat productive; the Texas House of Representatives passed HB 2571 in a record vote 147 to 0. In case some of you are not aware of what HB 2571 is, its legislation aimed at addressing predatory towing practices by wrecker drivers, parking facility owners or managers and towing companies who prey on motorists daily.

These predatory towing issues is not new, rather we have known about the problem for several years, we just haven't had legislators who thought the issues were not of importance.

One of the key factors in both HB 2571 and SB 1431, is the criminal penalty has been increased from the current Class C misdemeanor to a Class B misdemeanor. This factor in itself is going have a major impact on these criminal enterprises purporting themselves as towing companies, as any law enforcement person can arrest violators immediately, instead of issuing a ticket, as done now.

Also, another request of mine, which both the Senate and House agreed, is to increase damages for statutory violation against the parking facility, from $300 to $1000 plus three times what was paid to retrieve vehicle from storage lot.

Therefore, I am quite pleased with both versions House and Senate, except to provision that would allow a registered sex offender to obtain a license.

Towing Legislation Soon to Become Law

I recall back mid January when our legislators were getting ready for the session, the best time I have always found, to visit with certain members to sponsor legislation aimed at protecting consumers, being vehicles or operators.Before the session began, many legislators' constituents were being financially victimized by towing companies and vehicle storage facilities in the districts.

Something had to be done, to stop the vicious assault on Texan by towing companies, in some places in Texas, like Montgomery, Williamson, Tarrant, Jefferson, Galveston, Harris and many more refused to acknowledge criminal illegal towing was happening in their jurisdiction.

While non-consent towing is a necessary solution for keeping fire lanes cleared and parking spaces open in downtown areas, there’s a darker, criminal element to the towing industry. And, county commissioners and peace officers can play important roles in combating those who are abusing the system and victimizing residents. Commissioners courts can regulate non-consent tow and storage fees in their jurisdictions, and peace officers can investigate claims from offense reports.

“All law enforcement agencies need to do that. Take a report for $20,000 after their cars were hijacked from apartment complex or business parking lots, even though owners of those lots never asked for the car to be towed. I've heard of tow truck companies setting traps for drivers, parking vehicles in private lots so that it appears as though cars there won’t be towed, then watching the lot until it begins filling up and towing all the takers.

I list his cell phone number on our Web site just so I can give information to victims. I estimated that I talked to 15,000 people last year, all complaining about illegal tows or excessive fees (my site generates more than 10,000 page views a month). Johnson gives callers standard advice: Take photographs of the parking lot and signage, and file an offense report with the local 311 service or law enforcement agency. Often,I hears reports from residents who say they were told they can’t file an offense report because it’s private property or a civil complaint. I always tells victims that an illegal tow is a criminal offense and only the courts can decide whether a crime has been committed.

“When you call 3-1-1, you tell them you want to file an offense report for an illegal tow, you tell them the space you parked in was an illegal tow. You don’t know whether it’s illegal until a detective investigates it.”

BILL ANALYSIS SB 1431, I encourage everyone to read it and tell you friends to call your legislators and urge them to vote "FOR" in law. It will make a difference, law enforcement will no longer be able to standby and allow a wrecker driver to commit a Class B Misdemeanor offense.

The day is coming when people like Dick and Amy Milstead Ellzey, Joann and Dan Messina, John Deloach, Thomas Mora, Jess Horton and drivers with their mindset, will be handcuffed and taken to jail for violating State Law.

Another Texas Towing & Storage Advisory Board Member Violating Vehicle Storage Facility Act

Now, another TDLR (Texas Department of Licensing & Regulations) Advisory Board Member, Joann Messina has been found to be violating the very rules and regulations they advise the very agency that regulates them. In the latest incident, which appears to be standard practice for her unscrupulous business, is not providing the name of the person, their address, city, state, zip code and phone number of the person who authorized the removal of a nonconsent tow. Messina like Milstead-Ellzey and other unscrupulous towing company operators who prey on Texans, should be ashamed of themselves.

By looking at the receipt provided to the consumer, being the victim in this case, Messina's company failed to provide the full printed name of the tow truck operator, his/her TDLR license number and the name of the "person" who authorized the tow, both violations of State Law.

Messina and other towing companies do anything to shield who authorized the removal by providing the name of the parking facility, instead of the required full name of the person. Without this information, completing the written request for a tow hearing is often filed incomplete. The majority of towing companies in Texas operate a very legitimate business, but towing companies like Southwest Auto Tow, Milstead, Central, Assured, A&A, Ideal and many others operate knowing they violate State law daily.

Messina should resign from this advisory board with her cohort Amy Millstead Ellzey, neither follow State Law and victimize the public on a daily basis. Hopefully HB2571 and SB1431 is signed into the law by the Governor, so people like these two can be arrested for their continued criminal conduct!

Central Towing Inc Wrecker Driver Pleads Guilty

In the latest illegal towing incident involving Central Towing Inc, their driver Jose T Flores, TDLR license number 8465 plead guilty this morning in Austin Municipal Court for towing vehicles illegally without the consent of owner or operator from the parking lot of 900 West 23rd Street.

This continuing criminal conduct by Central Towing Inc preying on Texas consumers for financial gain is exposing their dishonesty.

The cause number to this latest case in Municipal Court is 6929709.

It was through the outreach that brought this case to Court, both through the investigative process of the Austin Police Department Wrecker Enforcement Unit, the victim and Texas Towing Compliance.

The SXSW Towing Scandal Deepens

SXSW - Whataburger Towing Scandal

I would say that for the most part, that Donald and Catherine Creamer, owners of Central Towing Inc of Austin, committed larceny on a grand style. I have known these two individuals since the late 80's and for them either them to say they were unaware the Whataburger parking lot located at 601 Barton Springs Road was not in compliance with State Law, is to far fetched. The reason I believe this, is why did they switch the red and white towing signs that were not in compliance with signs that were in compliance, only after I exposed their criminal activity on this blog.

But, this company has a history of deceiving consumers, not to mention taxing entities.

This incident could be the final straw for Central Towing Inc because they are no different than Lone Star Auto Services of Dallas that TDLR fined $411,000.

The Texas Attorney General wants any victim of illegal towing, such as this incident, to file a complaint with their agency, so they can shutdown companies like Central Towing Inc. The Creamers already have a history with the Attorney General surrounding their shady business practices in the past.

We cannot allow any member company of the Austin Towing Association to commit numerous felony offenses against our citizens and do nothing, as happened in the past.

Whataburger Restaurants LP has exposed their corporation to Deceptive Trade Practice Litigation that could be costly due to the large number of victims, over the past two years. This in my opinion would an excellent class action for an attorney looking to make some money.