1-1 By: Rosson S.B. No. 452
1-2 (In the Senate - Filed February 23, 1993; February 24, 1993,
1-3 read first time and referred to Committee on State Affairs;
1-4 March 17, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; March 17, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Harris of Dallas x
1-10 Rosson x
1-11 Carriker x
1-12 Henderson x
1-13 Leedom x
1-14 Lucio x
1-15 Luna x
1-16 Nelson x
1-17 Patterson x
1-18 Shelley x
1-19 Sibley x
1-20 West x
1-21 Whitmire x
1-22 COMMITTEE SUBSTITUTE FOR S.B. No. 452 By: Henderson
1-23 A BILL TO BE ENTITLED
1-24 AN ACT
1-25 relating to the regulation and operation of tow trucks and storage
1-26 facilities; providing penalties.
1-27 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-28 SECTION 1. Subsection (b), Section 5.05, Chapter 741, Acts
1-29 of the 67th Legislature, Regular Session, 1981 (Article 4477-9a,
1-30 Vernon's Texas Civil Statutes), is amended to read as follows:
1-31 (b) If a garagekeeper or storage facility acquires
1-32 possession of a motor vehicle for a purpose other than repair, the
1-33 garagekeeper or storage facility is entitled to towing,
1-34 preservation, and notification charges and to reasonable storage
1-35 fees, in addition to storage fees earned pursuant to contract, for
1-36 a maximum of five <7> days only until notification is mailed to the
1-37 last known registered owner and all lien holders of record as
1-38 provided by Subsection (a) of this section. After such notice is
1-39 mailed, storage fees may continue until the vehicle is removed and
1-40 all accrued charges are paid. A garagekeeper who fails to report
1-41 the possession of an abandoned vehicle to the police department
1-42 within 48 hours <7 days> after it becomes abandoned may no longer
1-43 claim reimbursement for storage of the vehicle.
1-44 SECTION 2. Subdivision (1), Subsection (a), Section 5i,
1-45 Chapter 88, General Laws, Acts of the 41st Legislature, 2nd Called
1-46 Session, 1929 (Article 6675a-5i, Vernon's Texas Civil Statutes), is
1-47 amended to read as follows:
1-48 (1) "Tow truck" means a motor vehicle, tow dolly, or
1-49 mechanical device adapted or used to tow, winch, or otherwise move
1-50 <disabled> motor vehicles.
1-51 SECTION 3. Subsection (b), Section 5i, Chapter 88, General
1-52 Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
1-53 (Article 6675a-5i, Vernon's Texas Civil Statutes), is amended to
1-54 read as follows:
1-55 (b) The department shall design and provide for the issuance
1-56 of <special> license plates for commercial motor vehicles used as
1-57 tow trucks. The license plates shall bear the words "Tow Truck."
1-58 SECTION 4. Section 2, Vehicle Storage Facility Act (Article
1-59 6687-9a, Revised Statutes), is amended by amending Subdivision (3)
1-60 and adding Subdivision (7) to read as follows:
1-61 (3) "Vehicle storage facility" means a garage, parking
1-62 lot, or any type of facility owned by a person other than a
1-63 governmental entity for storing or parking 10 or more vehicles a
1-64 year.
1-65 (7) "Preservation" means an action taken by or at the
1-66 direction of the owner or operator of a vehicle storage facility
1-67 that is necessary to preserve, protect, or service a vehicle stored
1-68 or parked at the facility.
2-1 SECTION 5. Subsections (a) and (c), Section 13, Vehicle
2-2 Storage Facility Act (Article 6687-9a, Revised Statutes), are
2-3 amended to read as follows:
2-4 (a) The operator of a vehicle storage facility who receives
2-5 a vehicle that has been towed to the facility for storage shall,
2-6 not later than the fifth <seventh> day but not before 24 hours
2-7 after the date the operator receives the vehicle, send a written
2-8 notice to the registered owner and the primary lienholder of the
2-9 vehicle. The operator of the storage facility may charge the owner
2-10 of the vehicle a reasonable fee for sending the notice required by
2-11 this subsection. <This subsection does not apply to notice for a
2-12 vehicle that is removed by the owner before the seventh day after
2-13 the date the operator receives the vehicle.>
2-14 (c) A notice is considered to be timely filed if the
2-15 postmark shows that it was mailed within the five-day <seven-day>
2-16 period provided by Subsection (a) of this section.
2-17 SECTION 6. Subsection (b), Section 14, Vehicle Storage
2-18 Facility Act (Article 6687-9a, Revised Statutes), is amended to
2-19 read as follows:
2-20 (b) The operator of a vehicle storage facility is entitled
2-21 to <may not> charge an owner <more than> $10 for preservation of a
2-22 stored motor vehicle.
2-23 SECTION 7. Section 15, Vehicle Storage Facility Act (Article
2-24 6687-9a, Revised Statutes), is amended to read as follows:
2-25 Sec. 15. USE OF FEES. The commissioner shall remit all fees
2-26 collected under this article to the State Treasurer for deposit in
2-27 the State Treasury to the credit of a fund to be used<, subject to
2-28 legislative appropriation,> for administering this article.
2-29 SECTION 8. Section 17, Vehicle Storage Facility Act (Article
2-30 6687-9a, Revised Statutes), is amended by amending Subsection (b)
2-31 and adding Subsection (c) to read as follows:
2-32 (b) A person convicted of an offense under this section
2-33 shall be punished by a fine of not less than $200 and not more than
2-34 $500 <An offense under this section is a Class C misdemeanor>.
2-35 (c) A person commits a separate offense for each day the
2-36 person acts in violation of this section.
2-37 SECTION 9. Subdivision (4), Section 1, Chapter 1135, Acts of
2-38 the 70th Legislature, Regular Session, 1987 (Article 6687-9b,
2-39 Vernon's Texas Civil Statutes), is amended to read as follows:
2-40 (4) "tow truck" means a motor vehicle, tow dolly, or
2-41 mechanical device adapted or used to tow, winch, or otherwise move
2-42 <disabled> motor vehicles.
2-43 SECTION 10. Subsection (a), Section 2, Chapter 1135, Acts of
2-44 the 70th Legislature, Regular Session, 1987 (Article 6687-9b,
2-45 Vernon's Texas Civil Statutes), is amended to read as follows:
2-46 (a) Except as provided by Section 5 and Section 11A of this
2-47 Act, a person may not operate a tow truck in this state unless the
2-48 tow truck is registered with the department as provided by this
2-49 Act.
2-50 SECTION 11. Subsection (a), Section 4, Chapter 1135, Acts of
2-51 the 70th Legislature, Regular Session, 1987 (Article 6687-9b,
2-52 Vernon's Texas Civil Statutes), is amended to read as follows:
2-53 (a) A <To be eligible for registration under this Act, a>
2-54 tow truck covered by this Act must be labeled on both sides of the
2-55 tow truck with the name, city <address>, and telephone number of
2-56 the tow truck business of the tow truck owner.
2-57 SECTION 12. Section 8, Chapter 1135, Acts of the 70th
2-58 Legislature, Regular Session, 1987 (Article 6687-9b, Vernon's Texas
2-59 Civil Statutes), is amended to read as follows:
2-60 Sec. 8. OFFENSES; PENALTIES <PENALTY>. (a) A person
2-61 commits an offense if the person:
2-62 (1) violates a rule adopted by the commissioner under
2-63 this Act; or
2-64 (2) operates <for compensation> a tow truck that does
2-65 not have:
2-66 (A) a valid certificate of registration issued
2-67 under this Act; and
2-68 (B) a valid tow truck license plate attached to
2-69 the rear of the tow truck that is clearly visible from the rear of
2-70 the truck.
3-1 (b) A person convicted of a violation of this section shall
3-2 be punished by a fine of not less than $200 and not more than $500
3-3 <An offense under this section is a Class C misdemeanor>.
3-4 (c) A person commits a separate offense for each day the
3-5 person acts in violation of this section.
3-6 SECTION 13. Section 11, Chapter 1135, Acts of the 70th
3-7 Legislature, Regular Session, 1987 (Article 6687-9b, Vernon's Texas
3-8 Civil Statutes), is amended to read as follows:
3-9 Sec. 11. <EFFECTIVE DATE FOR REGISTRATION> REQUIREMENT OF
3-10 DRIVER'S LICENSE. (a) A person who holds a valid driver's license
3-11 or a valid commercial driver's license may not be required by a
3-12 municipality in this state to obtain a license from the
3-13 municipality or political subdivision for the operation of a tow
3-14 truck. A municipality may require a municipal driver's license for
3-15 a tow truck operator performing private property tows within the
3-16 boundaries of the municipality without regard to the location of
3-17 the place of business of the tow truck owner. A license fee may
3-18 not exceed $15.
3-19 (b) In this section:
3-20 (1) "Driver's license" has the meaning assigned by
3-21 Section 1, Chapter 173, Acts of the 47th Legislature, Regular
3-22 Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes),
3-23 including subsequent amendments to that definition.
3-24 (2) "Commercial driver's license" has the meaning
3-25 assigned by Section 3, Texas Commercial Driver's License Act
3-26 (Article 6687b-2, Revised Statutes), including subsequent
3-27 amendments to that definition <is engaged in business as a tow
3-28 truck owner on September 1, 1987, is not required to obtain a
3-29 certificate of registration under this Act for that tow truck until
3-30 February 1, 1988>.
3-31 SECTION 14. Chapter 1135, Acts of the 70th Legislature,
3-32 Regular Session, 1987 (Article 6687-9b, Vernon's Texas Civil
3-33 Statutes), is amended by adding Section 11A to read as follows:
3-34 Sec. 11A. EXCLUSIONS; EXEMPTIONS. (a) The following
3-35 vehicles are excluded from regulation under this Act and exempted
3-36 from registration under this Act:
3-37 (1) a tow truck that is:
3-38 (A) registered under the motor vehicle
3-39 registration laws of another state;
3-40 (B) operated in connection with and based at a
3-41 towing business located in another state;
3-42 (C) registered with a department or agency of
3-43 another state;
3-44 (D) regulated under the laws of another state
3-45 that, as to the operation of tow trucks, establish standards that
3-46 equal or exceed the requirements of this Act; and
3-47 (E) operated only temporarily or occasionally on
3-48 the highways of this state;
3-49 (2) a tow truck owned by and used exclusively in the
3-50 service of the United States, the State of Texas, a county, a city,
3-51 or a school district;
3-52 (3) a light commercial vehicle having a manufacturer's
3-53 rated carrying capacity of one ton or less to which a chain, strap,
3-54 or rented tow bar or towing device is affixed and that is operated
3-55 by an individual not in an automotive-related or
3-56 motor-vehicle-related business;
3-57 (4) a vehicle that is towing a race car, a motor
3-58 vehicle for exhibition, or an antique motor vehicle and is not
3-59 being operated as a part of a business or profession;
3-60 (5) a recreational vehicle, as defined by the Texas
3-61 Commercial Driver's License Act (Article 6687b-2, Revised
3-62 Statutes), including subsequent amendments to that definition,
3-63 towing another vehicle for a noncommercial purpose;
3-64 (6) a commercial transport vehicle that is capable of
3-65 hauling four or more motor vehicles;
3-66 (7) a vehicle used only for towing motorcycles and
3-67 incapable of towing any other type of vehicle; and
3-68 (8) non-tow-truck vehicles or tow devices used by
3-69 rental car agencies to move vehicles for customer use.
3-70 (b) The commissioner shall adopt rules to administer this
4-1 section.
4-2 SECTION 15. Chapter 1135, Acts of the 70th Legislature,
4-3 Regular Session, 1987 (Article 6687-9b, Vernon's Texas Civil
4-4 Statutes), is amended by adding Section 11B to read as follows:
4-5 Sec. 11B. FEES. Fees collected under this Act shall be
4-6 remitted to the comptroller for deposit to the credit of an account
4-7 in the general revenue fund, which shall be designated by the
4-8 comptroller. Money in the account may be appropriated only to the
4-9 department for the enforcement of this Act.
4-10 SECTION 16. Subsection (c), Section 3, Chapter 42, General
4-11 Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
4-12 (Article 6701d-11, Vernon's Texas Civil Statutes), is amended by
4-13 adding Subdivision (8) to read as follows:
4-14 (8) The length limitations of this subsection do not
4-15 apply to the combination of a tow truck and another vehicle or
4-16 vehicle combination if:
4-17 (A) the other vehicle or vehicle combination
4-18 cannot be normally or safely driven or was abandoned on a highway;
4-19 and
4-20 (B) the tow truck is towing the other vehicle or
4-21 vehicle combination directly from its location on the highway to
4-22 the nearest authorized place of repair, terminal, or destination of
4-23 unloading.
4-24 SECTION 17. (a) This Act takes effect September 1, 1993.
4-25 (b) The changes in law made by Sections 8 and 12 of this Act
4-26 apply only to an offense committed on or after that date. An
4-27 offense committed before the effective date of this Act is covered
4-28 by the law in effect when the offense was committed, and the former
4-29 law is continued in effect for that purpose. For purposes of this
4-30 section, an offense was committed before the effective date of this
4-31 Act if any element of the offense occurred before that date.
4-32 SECTION 18. The importance of this legislation and the
4-33 crowded condition of the calendars in both houses create an
4-34 emergency and an imperative public necessity that the
4-35 constitutional rule requiring bills to be read on three several
4-36 days in each house be suspended, and this rule is hereby suspended.
4-37 * * * * *
4-38 Austin,
4-39 Texas
4-40 March 17, 1993
4-41 Hon. Bob Bullock
4-42 President of the Senate
4-43 Sir:
4-44 We, your Committee on State Affairs to which was referred S.B. No.
4-45 452, have had the same under consideration, and I am instructed to
4-46 report it back to the Senate with the recommendation that it do not
4-47 pass, but that the Committee Substitute adopted in lieu thereof do
4-48 pass and be printed.
4-49 Harris of
4-50 Dallas, Chairman
4-51 * * * * *
4-52 WITNESSES
4-53 FOR AGAINST ON
4-54 ___________________________________________________________________
4-55 Name: James Brush x
4-56 Representing: Tx Dept of Licensing & Reg
4-57 City: Austin
4-58 -------------------------------------------------------------------
4-59 Name: Lora Williams x
4-60 Representing: Tx Dept of Licensing & Reg
4-61 City: Austin
4-62 -------------------------------------------------------------------
4-63 Name: Johnnie Rogers x
4-64 Representing: Tx Catrala
4-65 City: Austin
4-66 -------------------------------------------------------------------
4-67 FOR AGAINST ON
4-68 ___________________________________________________________________
4-69 Name: Kenneth Ulmer x
4-70 Representing: HAWA
5-1 City: Houston
5-2 -------------------------------------------------------------------
5-3 Name: Richard King x
5-4 Representing: HAWA
5-5 City: Houston
5-6 -------------------------------------------------------------------
5-7 Name: T. James Luce x
5-8 Representing: Tx Towing & Storage Assoc
5-9 City: Fort Worth
5-10 -------------------------------------------------------------------
5-11 Name: James Hoss x
5-12 Representing: Tx Towing & Storage Assoc
5-13 City: Houston
5-14 -------------------------------------------------------------------
5-15 Name: Cal Enderle x
5-16 Representing: HAWA
5-17 City: Houston
5-18 -------------------------------------------------------------------