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.