73R8478 JD-F
By Rosson S.B. No. 452
Substitute the following for S.B. No. 452:
By Bosse C.S.S.B. No. 452
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. Subsection (b), Section 5.05, Chapter 741, Acts
1-6 of the 67th Legislature, Regular Session, 1981 (Article 4477-9a,
1-7 Vernon's Texas 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. Subdivision (1), Subsection (a), Section 5i,
1-22 Chapter 88, General Laws, Acts of the 41st Legislature, 2nd Called
1-23 Session, 1929 (Article 6675a-5i, Vernon's Texas Civil Statutes), is
1-24 amended to read as follows:
2-1 (1) "Tow truck" means a motor vehicle or mechanical
2-2 device adapted or used to tow, winch, or otherwise move <disabled>
2-3 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
2-26 a vehicle that has been towed to the facility for storage shall,
2-27 not later than the fifth <seventh> day but not before 24 hours
3-1 after the date the operator receives the vehicle, send a written
3-2 notice to the registered owner and the primary lienholder of the
3-3 vehicle. The operator of the storage facility may charge the owner
3-4 of the vehicle a reasonable fee for sending the notice required by
3-5 this subsection. <This subsection does not apply to notice for a
3-6 vehicle that is removed by the owner before the seventh day after
3-7 the date the operator receives the vehicle.>
3-8 (c) A notice is considered to be timely filed if the
3-9 postmark shows that it was mailed within the five-day <seven-day>
3-10 period provided by Subsection (a) of this section.
3-11 SECTION 6. Subsection (b), Section 14, Vehicle Storage
3-12 Facility Act (Article 6687-9a, Revised Statutes), is amended to
3-13 read as follows:
3-14 (b) The operator of a vehicle storage facility is entitled
3-15 to <may not> charge an owner <more than> $10 for preservation of a
3-16 stored motor vehicle.
3-17 SECTION 7. Section 15, Vehicle Storage Facility Act (Article
3-18 6687-9a, Revised Statutes), is amended to read as follows:
3-19 Sec. 15. USE OF FEES. The commissioner shall remit all fees
3-20 collected under this article to the State Treasurer for deposit in
3-21 the State Treasury to the credit of a fund to be used<, subject to
3-22 legislative appropriation,> for administering this article.
3-23 SECTION 8. Section 17, Vehicle Storage Facility Act (Article
3-24 6687-9a, Revised Statutes), is amended to read as follows:
3-25 Sec. 17. OFFENSES; PENALTIES <PENALTY>. (a) A person
3-26 commits an offense if the person:
3-27 (1) operates a vehicle storage facility that does not
4-1 have a valid license issued under this article; or
4-2 (2) violates any rule adopted by the commissioner
4-3 under this article.
4-4 (b) A person convicted of an offense under this section
4-5 shall be punished by a fine of not less than $200 and not more than
4-6 $500 <An offense under this section is a Class C misdemeanor>.
4-7 (c) A person commits a separate offense for each day the
4-8 person acts in violation of this section.
4-9 SECTION 9. Subdivision (4), Section 1, Chapter 1135, Acts of
4-10 the 70th Legislature, Regular Session, 1987 (Article 6687-9b,
4-11 Vernon's Texas Civil Statutes), is amended to read as follows:
4-12 (4) "Tow truck" means a motor vehicle or mechanical
4-13 device adapted or used to tow, winch, or otherwise move <disabled>
4-14 motor vehicles.
4-15 SECTION 10. Subsection (a), Section 2, Chapter 1135, Acts of
4-16 the 70th Legislature, Regular Session, 1987 (Article 6687-9b,
4-17 Vernon's Texas Civil Statutes), is amended to read as follows:
4-18 (a) Except as provided by Section 5 and Section 11A of this
4-19 Act, a person may not operate a tow truck in this state unless the
4-20 tow truck is registered with the department as provided by this
4-21 Act.
4-22 SECTION 11. Subsection (a), Section 4, Chapter 1135, Acts of
4-23 the 70th Legislature, Regular Session, 1987 (Article 6687-9b,
4-24 Vernon's Texas Civil Statutes), is amended to read as follows:
4-25 (a) A <To be eligible for registration under this Act, a>
4-26 tow truck covered by this Act must be labeled on both sides of the
4-27 tow truck with the name, city <address>, and telephone number of
5-1 the tow truck business of the tow truck owner.
5-2 SECTION 12. Section 8, Chapter 1135, Acts of the 70th
5-3 Legislature, Regular Session, 1987 (Article 6687-9b, Vernon's Texas
5-4 Civil Statutes), is amended to read as follows:
5-5 Sec. 8. OFFENSES; PENALTIES <PENALTY>. (a) A person
5-6 commits an offense if the person:
5-7 (1) violates a rule adopted by the commissioner under
5-8 this Act; or
5-9 (2) operates <for compensation> a tow truck that does
5-10 not have:
5-11 (A) a valid certificate of registration issued
5-12 under this Act; and
5-13 (B) a valid tow truck license plate attached to
5-14 the rear of the tow truck that is clearly visible from the rear of
5-15 the truck.
5-16 (b) A person convicted of a violation of this section shall
5-17 be punished by a fine of not less than $200 and not more than $500
5-18 <An offense under this section is a Class C misdemeanor>.
5-19 (c) A person commits a separate offense for each day the
5-20 person acts in violation of this section.
5-21 SECTION 13. Section 11, Chapter 1135, Acts of the 70th
5-22 Legislature, Regular Session, 1987 (Article 6687-9b, Vernon's Texas
5-23 Civil Statutes), is amended to read as follows:
5-24 Sec. 11. <EFFECTIVE DATE FOR REGISTRATION> REQUIREMENT OF
5-25 DRIVER'S LICENSE. (a) A person who holds a valid driver's license
5-26 or a valid commercial driver's license may not be required by a
5-27 municipality or political subdivision in this state to obtain a
6-1 license from the municipality or political subdivision for the
6-2 operation of a tow truck. A municipality may require a municipal
6-3 license for a tow truck operator performing private property tows
6-4 within the boundaries of the municipality without regard to the
6-5 location of the place of business of the tow truck owner. A
6-6 license fee may not exceed $15.
6-7 (b) In this section:
6-8 (1) "Driver's license" has the meaning assigned by
6-9 Section 1, Chapter 173, Acts of the 47th Legislature, Regular
6-10 Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes),
6-11 including subsequent amendments to that definition.
6-12 (2) "Commercial driver's license" has the meaning
6-13 assigned by Section 3, Texas Commercial Driver's License Act
6-14 (Article 6687b-2, Revised Statutes), including subsequent
6-15 amendments to that definition <is engaged in business as a tow
6-16 truck owner on September 1, 1987, is not required to obtain a
6-17 certificate of registration under this Act for that tow truck until
6-18 February 1, 1988>.
6-19 SECTION 14. Chapter 1135, Acts of the 70th Legislature,
6-20 Regular Session, 1987 (Article 6687-9b, Vernon's Texas Civil
6-21 Statutes), is amended by adding Section 11A to read as follows:
6-22 Sec. 11A. EXCLUSIONS; EXEMPTIONS. (a) The following
6-23 vehicles are excluded from regulation under this Act and exempted
6-24 from registration under this Act:
6-25 (1) a tow truck that is:
6-26 (A) registered under the motor vehicle
6-27 registration laws of another state;
7-1 (B) operated in connection with and based at a
7-2 towing business located in another state;
7-3 (C) registered with a department or agency of
7-4 another state;
7-5 (D) regulated under the laws of another state
7-6 that, as to the operation of tow trucks, establish standards that
7-7 equal or exceed the requirements of this Act; and
7-8 (E) operated only temporarily or occasionally on
7-9 the highways of this state;
7-10 (2) a tow truck owned by and used exclusively in the
7-11 service of the United States, the State of Texas, a county, a city,
7-12 or a school district;
7-13 (3) a light commercial vehicle having a manufacturer's
7-14 rated carrying capacity of one ton or less to which a chain, strap,
7-15 or rented tow bar or towing device is affixed and that is operated
7-16 by an individual not in an automotive-related or
7-17 motor-vehicle-related business;
7-18 (4) a vehicle that is towing a race car, a motor
7-19 vehicle for exhibition, or an antique motor vehicle and is not
7-20 being operated as a part of a business or profession;
7-21 (5) a recreational vehicle, as defined by the Texas
7-22 Commercial Driver's License Act (Article 6687b-2, Revised
7-23 Statutes), including subsequent amendments to that definition,
7-24 towing another vehicle for a noncommercial purpose;
7-25 (6) a commercial transport vehicle that is capable of
7-26 hauling four or more motor vehicles;
7-27 (7) a vehicle used only for towing motorcycles and
8-1 incapable of towing any other type of vehicle;
8-2 (8) non-tow-truck vehicles or tow devices used by
8-3 rental car agencies to move vehicles for customer use; and
8-4 (9) non-tow-truck vehicles or tow devices used in
8-5 agricultural operations or for agricultural purposes.
8-6 (b) The commissioner shall adopt rules to administer this
8-7 section.
8-8 SECTION 15. Chapter 1135, Acts of the 70th Legislature,
8-9 Regular Session, 1987 (Article 6687-9b, Vernon's Texas Civil
8-10 Statutes), is amended by adding Section 11B to read as follows:
8-11 Sec. 11B. FEES. Fees collected under this Act shall be
8-12 remitted to the comptroller for deposit to the credit of an account
8-13 in the general revenue fund, which shall be designated by the
8-14 comptroller. Money in the account may be appropriated only to the
8-15 department for the enforcement of this Act.
8-16 SECTION 16. Subsection (c), Section 3, Chapter 42, General
8-17 Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
8-18 (Article 6701d-11, Vernon's Texas Civil Statutes), is amended by
8-19 adding Subdivision (8) to read as follows:
8-20 (8) The length limitations of this subsection do not
8-21 apply to the combination of a tow truck and another vehicle or
8-22 vehicle combination if:
8-23 (A) the other vehicle or vehicle combination
8-24 cannot be normally or safely driven or was abandoned on a highway;
8-25 and
8-26 (B) the tow truck is towing the other vehicle or
8-27 vehicle combination directly from its location on the highway to
9-1 the nearest authorized place of repair, terminal, or destination of
9-2 unloading.
9-3 SECTION 17. (a) This Act takes effect September 1, 1993.
9-4 (b) The changes in law made by Sections 8 and 12 of this Act
9-5 apply only to an offense committed on or after that date. An
9-6 offense committed before the effective date of this Act is covered
9-7 by the law in effect when the offense was committed, and the former
9-8 law is continued in effect for that purpose. For purposes of this
9-9 section, an offense was committed before the effective date of this
9-10 Act if any element of the offense occurred before that date.
9-11 SECTION 18. The importance of this legislation and the
9-12 crowded condition of the calendars in both houses create an
9-13 emergency and an imperative public necessity that the
9-14 constitutional rule requiring bills to be read on three several
9-15 days in each house be suspended, and this rule is hereby suspended.