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Senate Bill 702 |
Senate Author: Carona |
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Effective: See below |
House Sponsor: Jackson, Jim |
Senate Bill 702 amends the Occupations Code to require the Texas Commission of Licensing and Regulation to adopt rules by April 1, 2010, for the issuance of a dual license to authorize a person to work at a vehicle storage facility and perform towing operations. The bill requires the Texas Department of Licensing and Regulation (TDLR) to issue such a license to an applicant who meets certain requirements established under the Vehicle Storage Facility Act and the Texas Towing Act and any applicable rules adopted under the acts. The bill amends the Vehicle Storage Facility Act to require a vehicle storage facility that accepts a vehicle that is towed under the act to report to the local law enforcement agency with jurisdiction over the area from which the vehicle was towed within two hours after receiving the vehicle, and it specifies the information that must be reported. The bill also requires a vehicle storage facility to post all storage fees and to post a sign indicating that nonconsent tow fees schedules are available on request.
Senate Bill 702 amends the Texas Towing Act to require an applicant for an incident management towing operator's license, a private property towing operator's license, or a consent towing operator's license to hold a valid driver's license issued by a state in the United States, rather than be a licensed Texas driver, and to be certified by a program approved by TDLR, rather than by a certain national program, as applicable. The bill authorizes TDLR to issue a 90-day training license to an applicant for a towing operator's license who is engaged in the process of learning and assisting in the operation of a tow truck under the supervision of a licensed tow truck operator, and it requires the commission to adopt rules by April 1, 2010, to set the fee, establish the qualifications, and provide for the issuance of the license. The bill expands provisions relating to drug testing of towing operators to include alcohol testing. The bill requires the commission by rule to adopt not later than April 1, 2010, a model alcohol and drug testing policy for use by a towing company, and it specifies that a towing company is not required to comply with the alcohol and drug testing policy until January 1, 2010. The bill also includes a vehicle that is leaking a fluid that presents a hazard or threat to persons or property among the circumstances under which the owner or operator of a vehicle is prohibited from leaving the vehicle unattended on a parking facility. In addition, Senate Bill 702 requires a law enforcement agency directing a towing company or tow operator to remove an abandoned vehicle that has damaged a fence on private property in a rural area and that is located on the property to provide the towing company or tow operator with the name and telephone number of the property owner or the owner's agent if such information has been provided to the agency. The bill requires a towing company or tow operator provided with such information to contact the property owner or the owner's agent before entering the property to tow the vehicle.
Senate Bill 702 takes effect September 1, 2009, except for provisions relating to dual and training licenses, which take effect June 1, 2010.