By: Rosson S.B. No. 452
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation and operation of tow trucks and storage
1-2 facilities; providing penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (b), Section 5.05, Chapter 741, Acts
1-5 of the 67th Legislature, Regular Session, 1981 (Article 4477-9a,
1-6 Vernon's Texas Civil Statutes), is amended to read as follows:
1-7 (b) If a garagekeeper or storage facility acquires
1-8 possession of a motor vehicle for a purpose other than repair, the
1-9 garagekeeper or storage facility is entitled to towing,
1-10 preservation, and notification charges and to reasonable storage
1-11 fees, in addition to storage fees earned pursuant to contract, for
1-12 a maximum of five <7> days only until notification is mailed to the
1-13 last known registered owner and all lien holders of record as
1-14 provided by Subsection (a) of this section. After such notice is
1-15 mailed, storage fees may continue until the vehicle is removed and
1-16 all accrued charges are paid. A garagekeeper who fails to report
1-17 the possession of an abandoned vehicle to the police department
1-18 within 48 hours <7 days> after it becomes abandoned may no longer
1-19 claim reimbursement for storage of the vehicle.
1-20 SECTION 2. Subdivision (1), Subsection (a), Section 5i,
1-21 Chapter 88, General Laws, Acts of the 41st Legislature, 2nd Called
1-22 Session, 1929 (Article 6675a-5i, Vernon's Texas Civil Statutes), is
1-23 amended to read as 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. Subsection (b), Section 5i, Chapter 88, General
2-5 Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
2-6 (Article 6675a-5i, Vernon's Texas Civil Statutes), is amended to
2-7 read as follows:
2-8 (b) The department shall design and provide for the issuance
2-9 of <special> license plates for commercial motor vehicles used as
2-10 tow trucks. The license plates shall bear the words "Tow Truck."
2-11 SECTION 4. Section 2, Vehicle Storage Facility Act (Article
2-12 6687-9a, Revised Statutes), is amended by amending Subdivision (3)
2-13 and adding Subdivision (7) to read as follows:
2-14 (3) "Vehicle storage facility" means a garage, parking
2-15 lot, or any type of facility owned by a person other than a
2-16 governmental entity for storing or parking 10 or more vehicles a
2-17 year.
2-18 (7) "Preservation" means an action taken by or at the
2-19 direction of the owner or operator of a vehicle storage facility
2-20 that is necessary to preserve, protect, or service a vehicle stored
2-21 or parked at the facility.
2-22 SECTION 5. Subsections (a) and (c), Section 13, Vehicle
2-23 Storage Facility Act (Article 6687-9a, Revised Statutes), are
2-24 amended to read as follows:
2-25 (a) The operator of a vehicle storage facility who receives
3-1 a vehicle that has been towed to the facility for storage shall,
3-2 not later than the fifth <seventh> day but not before 24 hours
3-3 after the date the operator receives the vehicle, send a written
3-4 notice to the registered owner and the primary lienholder of the
3-5 vehicle. The operator of the storage facility may charge the owner
3-6 of the vehicle a reasonable fee for sending the notice required by
3-7 this subsection. <This subsection does not apply to notice for a
3-8 vehicle that is removed by the owner before the seventh day after
3-9 the date the operator receives the vehicle.>
3-10 (c) A notice is considered to be timely filed if the
3-11 postmark shows that it was mailed within the five-day <seven-day>
3-12 period provided by Subsection (a) of this section.
3-13 SECTION 6. Subsection (b), Section 14, Vehicle Storage
3-14 Facility Act (Article 6687-9a, Revised Statutes), is amended to
3-15 read as follows:
3-16 (b) The operator of a vehicle storage facility is entitled
3-17 to <may not> charge an owner <more than> $10 for preservation of a
3-18 stored motor vehicle.
3-19 SECTION 7. Section 15, Vehicle Storage Facility Act (Article
3-20 6687-9a, Revised Statutes), is amended to read as follows:
3-21 Sec. 15. USE OF FEES. The commissioner shall remit all fees
3-22 collected under this article to the State Treasurer for deposit in
3-23 the State Treasury to the credit of a fund to be used<, subject to
3-24 legislative appropriation,> for administering this article.
3-25 SECTION 8. Section 17, Vehicle Storage Facility Act (Article
4-1 6687-9a, Revised Statutes), is amended by amending Subsection (b)
4-2 and adding Subsection (c) to read as follows:
4-3 (b) A person convicted of an offense under this section
4-4 shall be punished by a fine of not less than $200 and not more than
4-5 $500 <An offense under this section is a Class C misdemeanor>.
4-6 (c) A person commits a separate offense for each day the
4-7 person acts in violation of this section.
4-8 SECTION 9. Subdivision (4), Section 1, Chapter 1135, Acts of
4-9 the 70th Legislature, Regular Session, 1987 (Article 6687-9b,
4-10 Vernon's Texas Civil Statutes), is amended to read as follows:
4-11 (4) "Tow truck" means a motor vehicle, tow dolly, or
4-12 mechanical device adapted or used to tow, winch, or otherwise move
4-13 <disabled> motor vehicles.
4-14 SECTION 10. Subsection (a), Section 2, Chapter 1135, Acts of
4-15 the 70th Legislature, Regular Session, 1987 (Article 6687-9b,
4-16 Vernon's Texas Civil Statutes), is amended to read as follows:
4-17 (a) Except as provided by Section 5 and Section 11A of this
4-18 Act, a person may not operate a tow truck in this state unless the
4-19 tow truck is registered with the department as provided by this
4-20 Act.
4-21 SECTION 11. Subsection (a), Section 4, Chapter 1135, Acts of
4-22 the 70th Legislature, Regular Session, 1987 (Article 6687-9b,
4-23 Vernon's Texas Civil Statutes), is amended to read as follows:
4-24 (a) A <To be eligible for registration under this Act, a>
4-25 tow truck covered by this Act must be labeled on both sides of the
5-1 tow truck with the name, city <address>, and telephone number of
5-2 the tow truck business of the tow truck owner.
5-3 SECTION 12. Section 8, Chapter 1135, Acts of the 70th
5-4 Legislature, Regular Session, 1987 (Article 6687-9b, Vernon's Texas
5-5 Civil Statutes), is amended to read as follows:
5-6 Sec. 8. OFFENSES; PENALTIES <PENALTY>. (a) A person
5-7 commits an offense if the person:
5-8 (1) violates a rule adopted by the commissioner under
5-9 this Act; or
5-10 (2) operates <for compensation> a tow truck that does
5-11 not have:
5-12 (A) a valid certificate of registration issued
5-13 under this Act; and
5-14 (B) a valid tow truck license plate attached to
5-15 the rear of the tow truck that is clearly visible from the rear of
5-16 the truck.
5-17 (b) A person convicted of a violation of this section shall
5-18 be punished by a fine of not less than $200 and not more than $500
5-19 <An offense under this section is a Class C misdemeanor>.
5-20 (c) A person commits a separate offense for each day the
5-21 person acts in violation of this section.
5-22 SECTION 13. Section 11, Chapter 1135, Acts of the 70th
5-23 Legislature, Regular Session, 1987 (Article 6687-9b, Vernon's Texas
5-24 Civil Statutes), is amended to read as follows:
5-25 Sec. 11. <EFFECTIVE DATE FOR REGISTRATION> REQUIREMENT OF
6-1 DRIVER'S LICENSE. (a) A person who holds a valid driver's license
6-2 or a valid commercial driver's license may not be required by a
6-3 municipality in this state to obtain a license from the
6-4 municipality or political subdivision for the operation of a tow
6-5 truck. A municipality may require a municipal driver's license for
6-6 a tow truck operator performing private property tows within the
6-7 boundaries of the municipality without regard to the location of
6-8 the place of business of the tow truck owner. A license fee may
6-9 not exceed $15.
6-10 (b) In this section:
6-11 (1) "Driver's license" has the meaning assigned by
6-12 Section 1, Chapter 173, Acts of the 47th Legislature, Regular
6-13 Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes),
6-14 including subsequent amendments to that definition.
6-15 (2) "Commercial driver's license" has the meaning
6-16 assigned by Section 3, Texas Commercial Driver's License Act
6-17 (Article 6687b-2, Revised Statutes), including subsequent
6-18 amendments to that definition <is engaged in business as a tow
6-19 truck owner on September 1, 1987, is not required to obtain a
6-20 certificate of registration under this Act for that tow truck until
6-21 February 1, 1988>.
6-22 SECTION 14. Chapter 1135, Acts of the 70th Legislature,
6-23 Regular Session, 1987 (Article 6687-9b, Vernon's Texas Civil
6-24 Statutes), is amended by adding Section 11A to read as follows:
6-25 Sec. 11A. EXCLUSIONS; EXEMPTIONS. (a) The following
7-1 vehicles are excluded from regulation under this Act and exempted
7-2 from registration under this Act:
7-3 (1) a tow truck that is:
7-4 (A) registered under the motor vehicle
7-5 registration laws of another state;
7-6 (B) operated in connection with and based at a
7-7 towing business located in another state;
7-8 (C) registered with a department or agency of
7-9 another state;
7-10 (D) regulated under the laws of another state
7-11 that, as to the operation of tow trucks, establish standards that
7-12 equal or exceed the requirements of this Act; and
7-13 (E) operated only temporarily or occasionally on
7-14 the highways of this state;
7-15 (2) a tow truck owned by and used exclusively in the
7-16 service of the United States, the State of Texas, a county, a city,
7-17 or a school district;
7-18 (3) a light commercial vehicle having a manufacturer's
7-19 rated carrying capacity of one ton or less to which a chain, strap,
7-20 or rented tow bar or towing device is affixed and that is operated
7-21 by an individual not in an automotive-related or
7-22 motor-vehicle-related business;
7-23 (4) a vehicle that is towing a race car, a motor
7-24 vehicle for exhibition, or an antique motor vehicle and is not
7-25 being operated as a part of a business or profession;
8-1 (5) a recreational vehicle, as defined by the Texas
8-2 Commercial Driver's License Act (Article 6687b-2, Revised
8-3 Statutes), including subsequent amendments to that definition,
8-4 towing another vehicle for a noncommercial purpose;
8-5 (6) a commercial transport vehicle that is capable of
8-6 hauling four or more motor vehicles;
8-7 (7) a vehicle used only for towing motorcycles and
8-8 incapable of towing any other type of vehicle;
8-9 (8) non-tow-truck vehicles or tow devices used by
8-10 rental car agencies to move vehicles for customer use;
8-11 (9) a tow truck used to tow a vehicle that is used in
8-12 agricultural operations or for agricultural purposes; and
8-13 (10) a tow truck operated in and by a resident of a
8-14 county with a population of 150,000 or fewer if the tow truck is
8-15 not for hire and is conspicuously labeled "Not for hire" on both
8-16 sides.
8-17 (b) The commissioner shall adopt rules to administer this
8-18 section.
8-19 SECTION 15. Chapter 1135, Acts of the 70th Legislature,
8-20 Regular Session, 1987 (Article 6687-9b, Vernon's Texas Civil
8-21 Statutes), is amended by adding Section 11B to read as follows:
8-22 Sec. 11B. FEES. Fees collected under this Act shall be
8-23 remitted to the comptroller for deposit to the credit of an account
8-24 in the general revenue fund, which shall be designated by the
8-25 comptroller. Money in the account may be appropriated only to the
9-1 department for the enforcement of this Act.
9-2 SECTION 16. Subsection (c), Section 3, Chapter 42, General
9-3 Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
9-4 (Article 6701d-11, Vernon's Texas Civil Statutes), is amended by
9-5 adding Subdivision (8) to read as follows:
9-6 (8) The length limitations of this subsection do not
9-7 apply to the combination of a tow truck and another vehicle or
9-8 vehicle combination if:
9-9 (A) the other vehicle or vehicle combination
9-10 cannot be normally or safely driven or was abandoned on a highway;
9-11 and
9-12 (B) the tow truck is towing the other vehicle or
9-13 vehicle combination directly from its location on the highway to
9-14 the nearest authorized place of repair, terminal, or destination of
9-15 unloading.
9-16 SECTION 17. (a) This Act takes effect September 1, 1993.
9-17 (b) The changes in law made by Sections 8 and 12 of this Act
9-18 apply only to an offense committed on or after that date. An
9-19 offense committed before the effective date of this Act is covered
9-20 by the law in effect when the offense was committed, and the former
9-21 law is continued in effect for that purpose. For purposes of this
9-22 section, an offense was committed before the effective date of this
9-23 Act if any element of the offense occurred before that date.
9-24 SECTION 18. The importance of this legislation and the
9-25 crowded condition of the calendars in both houses create an
10-1 emergency and an imperative public necessity that the
10-2 constitutional rule requiring bills to be read on three several
10-3 days in each house be suspended, and this rule is hereby suspended.