By: Uher H.B. No. 1866
73R3773 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation and operation of tow trucks.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 2, Chapter 1135, Acts of the 70th
1-5 Legislature, Regular Session, 1987 (Article 6687-9b, Vernon's Texas
1-6 Civil Statutes), is amended by adding Subsections (d), (e), and (f)
1-7 to read as follows:
1-8 (d) The commissioner shall by rule establish the
1-9 registration fee authorized by Subsection (b) of this section. The
1-10 registration fee may not exceed an amount that is sufficient, when
1-11 added to other fees collected under this Act, to recover the actual
1-12 costs to the department of administering the registration of tow
1-13 trucks under this Act.
1-14 (e) The commissioner shall remit all fees collected for the
1-15 registration of tow trucks under this Act to the comptroller for
1-16 deposit in the general revenue fund.
1-17 (f) The operator of a tow truck shall carry the certificate
1-18 of registration in the tow truck for which it was issued and shall
1-19 display the certificate of registration for the tow truck on the
1-20 request of any peace officer.
1-21 SECTION 2. Section 3, Chapter 1135, Acts of the 70th
1-22 Legislature, Regular Session, 1987 (Article 6687-9b, Vernon's Texas
1-23 Civil Statutes), is amended to read as follows:
1-24 Sec. 3. Powers and Duties of Commissioner. The commissioner
2-1 shall adopt rules establishing requirements for the registration
2-2 and operation of tow trucks. The rules shall include <regarding
2-3 only the> minimum insurance requirements for the operation of tow
2-4 trucks and minimum safety standards regarding the operation of tow
2-5 trucks.
2-6 SECTION 3. Section 8(a), Chapter 1135, Acts of the 70th
2-7 Legislature, Regular Session, 1987 (Article 6687-9b, Vernon's Texas
2-8 Civil Statutes), is amended to read as follows:
2-9 (a) A person commits an offense if the person operates <for
2-10 compensation> a tow truck that does not have a valid certificate of
2-11 registration as required <issued> under this Act for the tow truck.
2-12 SECTION 4. Section 10, Chapter 1135, Acts of the 70th
2-13 Legislature, Regular Session, 1987 (Article 6687-9b, Vernon's Texas
2-14 Civil Statutes), is amended to read as follows:
2-15 Sec. 10. RAILROAD COMMISSION JURISDICTION. The <Nothing in
2-16 this Act shall limit any authority of the> Railroad Commission of
2-17 Texas may not <to> regulate tow trucks <motor carriers under
2-18 Chapter 314, Acts of the 41st Legislature, Regular Session, 1929,
2-19 as amended (Article 911b, Vernon's Texas Civil Statutes). The
2-20 requirements of this Act shall be in addition to that authority>.
2-21 SECTION 5. Section 1-1/4, Chapter 314, Acts of the 41st
2-22 Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
2-23 Civil Statutes), is amended to read as follows:
2-24 Sec. 1-1/4. The term "Specialized Motor Carrier" and
2-25 "Specialized Equipment" shall not include wrecker type vehicles
2-26 <used incidental to or as an adjunct to the carrying on of the
2-27 primary business of buying, selling, exchanging, repairing,
3-1 storing, servicing or wrecking motor vehicles>.
3-2 SECTION 6. Section 5i, Chapter 88, General Laws, Acts of the
3-3 41st Legislature, 2nd Called Session, 1929 (Article 6675a-5i,
3-4 Vernon's Texas Civil Statutes), is repealed.
3-5 SECTION 7. This Act takes effect September 1, 1993.
3-6 SECTION 8. The importance of this legislation and the
3-7 crowded condition of the calendars in both houses create an
3-8 emergency and an imperative public necessity that the
3-9 constitutional rule requiring bills to be read on three several
3-10 days in each house be suspended, and this rule is hereby suspended.