By: Rosson S.B. No. 452
A BILL TO BE ENTITLED
AN ACT
1-1 relating to enforcement and exemptions from registration of certain
1-2 tow trucks.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 1, Texas Tow Truck Act (Article 6687-9b,
1-5 Vernon's Texas Civil Statutes), is amended by amending definitions
1-6 (2) and (4) as follows:
1-7 (2) "Commissioner" means the executive director of the Texas
1-8 Department of Licensing and Regulation <commissioner of licensing
1-9 and regulation>.
1-10 (4) "Tow truck" means a motor vehicle or mechanical device
1-11 adapted or used to tow, winch, or otherwise move <disabled> motor
1-12 vehicles.
1-13 SECTION 2. Section 4, Texas Tow Truck Act (Article 6687-9b,
1-14 Vernon's Texas Civil Statutes), is amended by amending Subsection
1-15 (a) as follows:
1-16 (a) <To be eligible for registration under this Act,> A <a>
1-17 tow truck must be labeled on both sides of the tow truck with the
1-18 certificate of registration number and with the name, city
1-19 <address>, and telephone number of the tow truck company <owner>.
1-20 SECTION 3. Section 8, Texas Tow Truck Act (Article 6675a-5i,
1-21 Vernon's Texas Civil Statutes), is amended by amending Subsection
1-22 (a) and adding a new subsection (b) as follows:
1-23 (a) A person commits an offense if the person operates <for
2-1 compensation> a tow truck that does not have a valid certificate of
2-2 registration issued under this Act.
2-3 (b) A law enforcement official may make an arrest for a
2-4 violation of a rule adopted under this article.
2-5 <b> (c) An offense under this section is a Class C
2-6 misdemeanor.
2-7 SECTION 4. Texas Tow Truck Act (Article 6687-9b, Vernon's
2-8 Texas Civil Statutes) is amended by adding a new Section 9 as
2-9 follows:
2-10 SECTION 9. Exemptions
2-11 (a) Tow trucks or towing devices are exempt from regulation
2-12 under this Act if they are:
2-13 (1) vehicles bearing exempt or military license
2-14 plates;
2-15 (2) rented tow bars or towing devices used by
2-16 individuals who are not engaged in automotive or vehicle related
2-17 businesses and which are being used on a one time basis;
2-18 (3) hobbyist towing race cars, cars for exhibitions,
2-19 or antique automobiles;
2-20 (4) recreational vehicles towing, or being towed by
2-21 their owner;
2-22 (5) considered to be transports that haul four or more
2-23 vehicles; or
2-24 (6) used only for towing motorcycles.
2-25 (b) The commissioner shall adopt rules regarding exemptions
3-1 under this Act.
3-2 SECTION 5. This Act takes effect September 1, 1993.
3-3 SECTION 6. The importance of this legislation and the
3-4 crowded condition of the calendars in both houses create an
3-5 emergency and an imperative public necessity that the
3-6 constitutional rule requiring bills to be read on three several
3-7 days in each house be suspended, and this rule is hereby suspended,
3-8 and that this Act take effect and be in force from and after its
3-9 passage, and it is so enacted.