Enrolled Bill Summary

 

House Bill 2094	House Author:  Hill
Effective:  See below	Senate Sponsor:  Carona

            House Bill 2094 amends the Transportation Code and the Occupations Code to transfer, on January 1, 2008, the functions performed by the Texas Transportation Commission and the Texas Department of Transportation that relate to tow trucks, towing operations, or vehicle storage facilities to the Texas Commission of Licensing and Regulation and the Texas Department of Licensing and Regulation.  The bill revises the Vehicle Storage Facility Act and adds the Texas Towing Act, including provisions to create the Towing and Storage Advisory Board and govern tow truck permit and license requirements, and consolidates existing law into the Act.  The bill provides for an administrative penalty, cease and desist order, injunction, and civil penalty under both Acts and makes it a Class C misdemeanor to violate the permitting or licensing requirements of the Acts.  Not later than April 1, 2008, the Texas Commission of Licensing and Regulation is required to adopt rules relating to an original application for a newly created permit or license under the Acts, including a vehicle storage facility employee license, consent or nonconsent towing permit, and consent towing operator's license.  The Texas Department of Licensing and Regulation is required to study nonconsent towing fees and report the findings and recommendations to the legislature not later than January 1, 2009.  The bill repeals certain provisions relating to tow truck insurance and vehicle storage facilities license violations.  House Bill 2094 takes effect September 1, 2007, except for provisions relating to new criminal penalties, permit requirements, and license requirements under the Texas Towing Act, which take effect September 1, 2008.