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.