By: Black H.B. No. 2656
73R4271 JD-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation and operation of tow trucks and storage
1-3 facilities; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 5.05(b), Chapter 741, Acts of the 67th
1-6 Legislature, Regular Session, 1981 (Article 4477-9a, Vernon's Texas
1-7 Civil Statutes), is amended to read as follows:
1-8 (b) If a garagekeeper or storage facility acquires
1-9 possession of a motor vehicle for a purpose other than repair, the
1-10 garagekeeper or storage facility is entitled to towing,
1-11 preservation, and notification charges and to reasonable storage
1-12 fees, in addition to storage fees earned pursuant to contract, for
1-13 a maximum of five <7> days only until notification is mailed to the
1-14 last known registered owner and all lien holders of record as
1-15 provided by Subsection (a) of this section. After such notice is
1-16 mailed, storage fees may continue until the vehicle is removed and
1-17 all accrued charges are paid. A garagekeeper who fails to report
1-18 the possession of an abandoned vehicle to the police department
1-19 within 48 hours <7 days> after it becomes abandoned may no longer
1-20 claim reimbursement for storage of the vehicle.
1-21 SECTION 2. Section 5i(a)(1), Chapter 88, General Laws, Acts
1-22 of the 41st Legislature, 2nd Called Session, 1929 (Article
1-23 6675a-5i, Vernon's Texas Civil Statutes), is amended to read as
1-24 follows:
2-1 (1) "Tow truck" means a motor vehicle, tow dolly, or
2-2 mechanical device adapted or used to tow, winch, or otherwise move
2-3 disabled motor vehicles.
2-4 SECTION 3. Section 5i(b), Chapter 88, General Laws, Acts of
2-5 the 41st Legislature, 2nd Called Session, 1929 (Article 6675a-5i,
2-6 Vernon's Texas Civil Statutes), is amended to read as follows:
2-7 (b) The department shall design and provide for the issuance
2-8 of <special> license plates for commercial motor vehicles used as
2-9 tow trucks. The license plates shall bear the words "Tow Truck."
2-10 SECTION 4. Section 2, Vehicle Storage Facility Act (Article
2-11 6687-9a, Revised Statutes), is amended by amending Subdivision (3)
2-12 and adding Subdivision (7) to read as follows:
2-13 (3) "Vehicle storage facility" means a garage, parking
2-14 lot, or any type of facility owned by a person other than a
2-15 governmental entity for storing or parking 10 or more vehicles a
2-16 year.
2-17 (7) "Preservation" means an action taken by or at the
2-18 direction of the owner or operator of a vehicle storage facility
2-19 that is necessary to preserve, protect, or service a vehicle stored
2-20 or parked at the facility.
2-21 SECTION 5. Sections 13(a) and (c), Vehicle Storage Facility
2-22 Act (Article 6687-9a, Revised Statutes), are amended to read as
2-23 follows:
2-24 (a) The operator of a vehicle storage facility who receives
2-25 a vehicle that has been towed to the facility for storage shall,
2-26 not later than the fifth <seventh> day but not before 24 hours
2-27 after the date the operator receives the vehicle, send a written
3-1 notice to the registered owner and the primary lienholder of the
3-2 vehicle. The operator of the storage facility may charge the owner
3-3 of the vehicle a reasonable fee for sending the notice required by
3-4 this subsection. <This subsection does not apply to notice for a
3-5 vehicle that is removed by the owner before the seventh day after
3-6 the date the operator receives the vehicle.>
3-7 (c) A notice is considered to be timely filed if the
3-8 postmark shows that it was mailed within the five-day <seven-day>
3-9 period provided by Subsection (a) of this section.
3-10 SECTION 6. Section 14(b), Vehicle Storage Facility Act
3-11 (Article 6687-9a, Revised Statutes), is amended to read as follows:
3-12 (b) The operator of a vehicle storage facility is entitled
3-13 to <may not> charge an owner <more than> $10 for preservation of a
3-14 stored motor vehicle.
3-15 SECTION 7. Section 15, Vehicle Storage Facility Act (Article
3-16 6687-9a, Revised Statutes), is amended to read as follows:
3-17 Sec. 15. Use of Fees. The commissioner shall remit all fees
3-18 collected under this article to the State Treasurer for deposit in
3-19 the State Treasury to the credit of a fund to be used<, subject to
3-20 legislative appropriation,> for administering this article.
3-21 SECTION 8. Section 17, Vehicle Storage Facility Act (Article
3-22 6687-9a, Revised Statutes), is amended by amending Subsection (b)
3-23 and adding Subsection (c) to read as follows:
3-24 (b) A person convicted of an offense under this section
3-25 shall be punished by a fine of not less than $200 and not more than
3-26 $500 <An offense under this section is a Class C misdemeanor>.
3-27 (c) A person commits a separate offense for each day the
4-1 person acts in violation of this section.
4-2 SECTION 9. Section 1(4), Chapter 1135, Acts of the 70th
4-3 Legislature, Regular Session, 1987 (Article 6687-9b, Vernon's Texas
4-4 Civil Statutes), is amended to read as follows:
4-5 (4) "Tow truck" means a motor vehicle, tow dolly, or
4-6 mechanical device adapted or used to tow, winch, or otherwise move
4-7 disabled motor vehicles.
4-8 SECTION 10. Section 2(a), Chapter 1135, Acts of the 70th
4-9 Legislature, Regular Session, 1987 (Article 6687-9b, Vernon's Texas
4-10 Civil Statutes), is amended to read as follows:
4-11 (a) Except as provided by Section 5 and Section 11A of this
4-12 Act, a person may not operate a tow truck in this state unless the
4-13 tow truck is registered with the department as provided by this
4-14 Act.
4-15 SECTION 11. Section 4(a), Chapter 1135, Acts of the 70th
4-16 Legislature, Regular Session, 1987 (Article 6687-9b, Vernon's Texas
4-17 Civil Statutes), is amended to read as follows:
4-18 (a) A <To be eligible for registration under this Act, a>
4-19 tow truck covered by this Act must be labeled on both sides of the
4-20 tow truck with the certificate of registration number and the name,
4-21 city <address>, and telephone number of the tow truck business of
4-22 the tow truck owner.
4-23 SECTION 12. Section 8, Chapter 1135, Acts of the 70th
4-24 Legislature, Regular Session, 1987 (Article 6687-9b, Vernon's Texas
4-25 Civil Statutes), is amended to read as follows:
4-26 Sec. 8. Offenses; Penalties <Penalty>. (a) A person
4-27 commits an offense if the person:
5-1 (1) violates a rule adopted by the commissioner under
5-2 this Act; or
5-3 (2) operates <for compensation> a tow truck that does
5-4 not have:
5-5 (A) a valid certificate of registration issued
5-6 under this Act; and
5-7 (B) a valid tow truck license plate attached to
5-8 the rear of the tow truck that is clearly visible from the rear of
5-9 the truck.
5-10 (b) A person convicted of a violation of this section shall
5-11 be punished by a fine of not less than $200 and not more than $500
5-12 <An offense under this section is a Class C misdemeanor>.
5-13 (c) A person commits a separate offense for each day the
5-14 person acts in violation of this section.
5-15 SECTION 13. Section 11, Chapter 1135, Acts of the 70th
5-16 Legislature, Regular Session, 1987 (Article 6687-9b, Vernon's Texas
5-17 Civil Statutes), is amended to read as follows:
5-18 Sec. 11. <Effective Date for Registration> Requirement of
5-19 Driver's License. (a) A person who holds a valid driver's license
5-20 or a valid commercial driver's license may not be required by a
5-21 municipality in this state to obtain a license from the
5-22 municipality or political subdivision for the operation of a tow
5-23 truck.
5-24 (b) In this section:
5-25 (1) "Driver's license" has the meaning assigned by
5-26 Section 1, Chapter 173, Acts of the 47th Legislature, Regular
5-27 Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes),
6-1 including subsequent amendments to that definition.
6-2 (2) "Commercial driver's license" has the meaning
6-3 assigned by Section 3, Texas Commercial Driver's License Act
6-4 (Article 6687b-2, Revised Statutes), including subsequent
6-5 amendments to that definition <is engaged in business as a tow
6-6 truck owner on September 1, 1987, is not required to obtain a
6-7 certificate of registration under this Act for that tow truck until
6-8 February 1, 1988>.
6-9 SECTION 14. Chapter 1135, Acts of the 70th Legislature,
6-10 Regular Session, 1987 (Article 6687-9b, Vernon's Texas Civil
6-11 Statutes), is amended by adding Section 11A to read as follows:
6-12 Sec. 11A. EXCLUSIONS; EXEMPTIONS. (a) The following
6-13 vehicles are excluded from regulation under this Act and exempted
6-14 from registration under this Act:
6-15 (1) a tow truck that is:
6-16 (A) registered under the motor vehicle
6-17 registration laws of another state;
6-18 (B) operated in connection with and based at a
6-19 towing business located in another state;
6-20 (C) registered with a department or agency of
6-21 another state;
6-22 (D) regulated under the laws of another state
6-23 that, as to the operation of tow trucks, establish standards that
6-24 equal or exceed the requirements of this Act; and
6-25 (E) operated only temporarily or occasionally on
6-26 the highways of this state;
6-27 (2) a tow truck owned by and used exclusively in the
7-1 service of the United States, the State of Texas, a county, a city,
7-2 or a school district;
7-3 (3) a light commercial vehicle having a manufacturer's
7-4 rated carrying capacity of one ton or less to which a chain, strap,
7-5 or rented tow bar or towing device is affixed and that is operated
7-6 by an individual not in an automotive-related or motor
7-7 vehicle-related business;
7-8 (4) a vehicle that is towing a race car, a motor
7-9 vehicle for exhibition, or an antique motor vehicle and is not
7-10 being operated as a part of a business or profession;
7-11 (5) a recreational vehicle, as defined by the Texas
7-12 Commercial Driver's License Act (Article 6687b-2, Revised
7-13 Statutes), including subsequent amendments to that definition,
7-14 towing another vehicle for a noncommercial purpose; and
7-15 (6) a commercial transport vehicle that is capable of
7-16 hauling four or more motor vehicles.
7-17 (b) The commissioner shall adopt rules to administer this
7-18 section.
7-19 SECTION 15. Chapter 1135, Acts of the 70th Legislature,
7-20 Regular Session, 1987 (Article 6687-9b, Vernon's Texas Civil
7-21 Statutes), is amended by adding Section 11B to read as follows:
7-22 Sec. 11B. FEES. Fees collected under this Act shall be
7-23 remitted to the comptroller for deposit to the credit of an account
7-24 in the general revenue fund, which shall be designated by the
7-25 comptroller. Money in the account may be appropriated only to the
7-26 department for the enforcement of this Act.
7-27 SECTION 16. Section 3(c), Chapter 42, General Laws, Acts of
8-1 the 41st Legislature, 2nd Called Session, 1929 (Article 6701d-11,
8-2 Vernon's Texas Civil Statutes), is amended by adding Subdivision
8-3 (8) to read as follows:
8-4 (8) The length limitations of this subsection do not
8-5 apply to the combination of a tow truck and another vehicle or
8-6 vehicle combination if:
8-7 (A) the other vehicle or vehicle combination
8-8 cannot be normally or safely driven, or was abandoned on a highway;
8-9 and
8-10 (B) the tow truck is towing the other vehicle or
8-11 vehicle combination directly from its location on the highway to
8-12 the nearest authorized place of repair, terminal, or destination of
8-13 unloading.
8-14 SECTION 17. (a) This Act takes effect September 1, 1993.
8-15 (b) The changes in law made by Sections 8 and 12 of this Act
8-16 apply only to an offense committed on or after that date. An
8-17 offense committed before the effective date of this Act is covered
8-18 by the law in effect when the offense was committed, and the former
8-19 law is continued in effect for that purpose. For purposes of this
8-20 section, an offense was committed before the effective date of this
8-21 Act if any element of the offense occurred before that date.
8-22 SECTION 18. The importance of this legislation and the
8-23 crowded condition of the calendars in both houses create an
8-24 emergency and an imperative public necessity that the
8-25 constitutional rule requiring bills to be read on three several
8-26 days in each house be suspended, and this rule is hereby suspended.