73R4481 DRH-D
By Dutton H.B. No. 2076
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the registration of tow trucks.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 1, 2, 3, 4, 6, and 7, Chapter 1135, Acts
1-5 of the 70th Legislature, Regular Session, 1987 (Article 6687-9b,
1-6 Vernon's Texas Civil Statutes), are amended to read as follows:
1-7 Sec. 1. Definitions. In this Act:
1-8 (1) "Commission" means the Railroad Commission of
1-9 Texas <Commission of Licensing and Regulation>.
1-10 (2) <"Commissioner" means the commissioner of
1-11 licensing and regulation.>
1-12 <(3) "Department" means the Texas Department of
1-13 Licensing and Regulation.>
1-14 <(4)> "Tow truck" means a motor vehicle or mechanical
1-15 device adapted or used to tow, winch, or otherwise move disabled
1-16 motor vehicles.
1-17 (3) <(5)> "Tow truck owner" means a person engaged in
1-18 the business of using a tow truck to tow, winch, or otherwise move
1-19 a motor vehicle.
1-20 Sec. 2. Registration Requirement. (a) Except as provided
1-21 by Section 5 of this Act, a person may not operate a tow truck in
1-22 this state unless the tow truck is registered with the
1-23 commission <department> as provided by this Act.
1-24 (b) The commission <commissioner> shall issue a certificate
2-1 of registration to a tow truck owner whose vehicle meets the
2-2 registration requirements prescribed by rule of the
2-3 commission <commissioner> and who pays the registration fee.
2-4 (c) A certificate of registration issued under this Act is
2-5 not transferable.
2-6 (d) Registration fees collected under this Act shall be
2-7 deposited in a special account in the general revenue fund to be
2-8 known as the tow truck registration account, which may be
2-9 appropriated only to the commission for the registration and
2-10 regulation of tow trucks.
2-11 Sec. 3. POWERS AND DUTIES OF COMMISSION <COMMISSIONER>. The
2-12 commission <commissioner> shall adopt rules, in the interest of
2-13 public safety, that provide requirements for registration and
2-14 maintenance of registration under this Act. Rules adopted under
2-15 this section must include <regarding only the> minimum insurance
2-16 requirements for the operation of tow trucks and minimum safety
2-17 standards regarding the operation of tow trucks.
2-18 Sec. 4. IDENTIFICATION REQUIREMENT. (a) To be eligible for
2-19 registration under this Act, a tow truck must be labeled on both
2-20 sides of the tow truck with the name, address, and telephone number
2-21 of the tow truck owner.
2-22 (b) The commission <commissioner> shall adopt rules relating
2-23 to the identification requirement imposed under this section.
2-24 Sec. 6. RENEWAL. A certificate of registration is valid for
2-25 the period set by the commission and may be renewed by paying to
2-26 the commission <commissioner> the required renewal fee.
2-27 Sec. 7. DENIAL, SUSPENSION, OR REVOCATION OF LICENSE. (a)
3-1 The commission <commissioner> may deny, suspend, revoke, or
3-2 reinstate a certificate of registration.
3-3 (b) The commission <commissioner> shall adopt rules
3-4 establishing the procedures for denial, suspension, revocation, or
3-5 reinstatement of a certificate of registration for failure to
3-6 follow the <insurance and minimum safety> requirements established
3-7 by the commission <commissioner>.
3-8 (c) Proceedings relating to the denial, suspension, or
3-9 revocation of a certificate of registration issued under this Act
3-10 are subject to the Administrative Procedure and Texas Register Act
3-11 (Article 6252-13a, Vernon's Texas Civil Statutes).
3-12 SECTION 2. Section 11, Chapter 1135, Acts of the 70th
3-13 Legislature, Regular Session, 1987 (Article 6687-9b, Vernon's Texas
3-14 Civil Statutes), is repealed.
3-15 SECTION 3. (a) A rule adopted by the Texas Commission of
3-16 Licensing and Regulation or the commissioner of licensing and
3-17 regulation under Chapter 1135, Acts of the 70th Legislature,
3-18 Regular Session, 1987 (Article 6687-9b, Vernon's Texas Civil
3-19 Statutes), before the effective date of this Act remains in effect
3-20 as a rule of the Railroad Commission of Texas until superseded by a
3-21 rule of the Railroad Commission of Texas.
3-22 (b) A certificate of registration that is valid on the
3-23 effective date of this Act remains valid until it expires, or until
3-24 the Railroad Commission of Texas suspends or revokes the
3-25 registration.
3-26 (c) A proceeding to suspend or revoke a certificate of
3-27 registration issued under Chapter 1135, Acts of the 70th
4-1 Legislature, Regular Session, 1987 (Article 6687b, Vernon's Texas
4-2 Civil Statutes), pending before the Texas Commission of Licensing
4-3 and Regulation on the effective date of this Act is transferred
4-4 without change in status to the Railroad Commission of Texas on the
4-5 effective date of this Act.
4-6 (d) All records of the Texas Commission of Licensing and
4-7 Regulation involving the registration of tow trucks under Chapter
4-8 1135, Acts of the 70th Legislature, Regular Session, 1987 (Article
4-9 6687-9b, Vernon's Texas Civil Statutes), shall be, on the effective
4-10 date of this Act, transferred to the Railroad Commission of Texas.
4-11 SECTION 4. This Act takes effect September 1, 1993.
4-12 SECTION 5. The importance of this legislation and the
4-13 crowded condition of the calendars in both houses create an
4-14 emergency and an imperative public necessity that the
4-15 constitutional rule requiring bills to be read on three several
4-16 days in each house be suspended, and this rule is hereby suspended.