S.B. No. 958
AN ACT
1-1 relating to the registration of tow trucks and the transfer of
1-2 registration to the Railroad Commission of Texas; imposing fees and
1-3 transferring appropriations.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 1, 2, 3, 4, 6, and 7, Chapter 1135, Acts
1-6 of the 70th Legislature, Regular Session, 1987 (Article 6687-9b,
1-7 Vernon's Texas Civil Statutes), are amended to read as follows:
1-8 Sec. 1. Definitions. In this Act:
1-9 (1) "Commission" means the Railroad Commission of
1-10 Texas <Commission of Licensing and Regulation>.
1-11 (2) <"Commissioner" means the commissioner of
1-12 licensing and regulation.>
1-13 <(3) "Department" means the Texas Department of
1-14 Licensing and Regulation.>
1-15 <(4)> "Tow truck" means a motor vehicle or mechanical
1-16 device adapted or used to tow, winch, or otherwise move disabled
1-17 motor vehicles.
1-18 (3) <(5)> "Tow truck owner" means a person engaged in
1-19 the business of using a tow truck to tow, winch, or otherwise move
1-20 a motor vehicle.
1-21 Sec. 2. Registration Requirement. (a) Except as provided
1-22 by Section 5 of this Act, a person may not operate a tow truck in
1-23 this state unless the tow truck is registered with the commission
1-24 <department> as provided by this Act.
2-1 (b) The commission <commissioner> shall issue a certificate
2-2 of registration to a tow truck owner whose vehicle meets the
2-3 registration requirements prescribed by rule of the commission
2-4 <commissioner> and who pays the registration fee set by the
2-5 commission in an amount sufficient to recover the commission's
2-6 costs of administering this Act.
2-7 (c) A certificate of registration issued under this Act is
2-8 not transferable.
2-9 (d) Registration fees collected under this Act shall be
2-10 deposited in a special account in the general revenue fund to be
2-11 known as the tow truck registration account, which may be
2-12 appropriated only to the commission for the registration and
2-13 regulation of tow trucks.
2-14 Sec. 3. POWERS AND DUTIES OF COMMISSION <COMMISSIONER>. The
2-15 commission <commissioner> shall adopt rules, in the interest of
2-16 public safety, that provide requirements for registration and
2-17 maintenance of registration under this Act. Rules adopted under
2-18 this section must include <regarding only the> minimum insurance
2-19 requirements for the operation of tow trucks and minimum safety
2-20 standards regarding the operation of tow trucks.
2-21 Sec. 4. IDENTIFICATION REQUIREMENT. (a) To be eligible for
2-22 registration under this Act, a tow truck must be labeled on both
2-23 sides of the tow truck with the name, address, and telephone number
2-24 of the tow truck owner.
2-25 (b) The commission <commissioner> shall adopt rules relating
2-26 to the identification requirement imposed under this section.
2-27 Sec. 6. RENEWAL. A certificate of registration is valid for
3-1 the period set by the commission and may be renewed by paying to
3-2 the commission <commissioner> the required renewal fee.
3-3 Sec. 7. DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.
3-4 (a) The commission <commissioner> may deny, suspend, revoke, or
3-5 reinstate a certificate of registration.
3-6 (b) The commission <commissioner> shall adopt rules
3-7 establishing the procedures for denial, suspension, revocation, or
3-8 reinstatement of a certificate of registration for failure to
3-9 follow the <insurance and minimum safety> requirements established
3-10 by the commission <commissioner>.
3-11 (c) Proceedings relating to the denial, suspension, or
3-12 revocation of a certificate of registration issued under this Act
3-13 are subject to the Administrative Procedure and Texas Register Act
3-14 (Article 6252-13a, Vernon's Texas Civil Statutes).
3-15 SECTION 2. Section 4, Vehicle Storage Facility Act (Article
3-16 6687-9a, Revised Statutes), is amended by adding Subsection (c) to
3-17 read as follows:
3-18 (c) The commission may impose and collect a fee for a
3-19 license in an amount sufficient to recover the commission's costs
3-20 of administering this Act. Fees collected under this subsection
3-21 shall be deposited in a special account in the general revenue fund
3-22 that may be appropriated only to the commission for the
3-23 administration of this Act.
3-24 SECTION 3. (a) Any appropriation made to the Texas
3-25 Department of Licensing and Regulation for the biennium ending
3-26 August 31, 1995, for the administration of Chapter 1135, Acts of
3-27 the 70th Legislature, Regular Session, 1987 (Article 6687-9b,
4-1 Vernon's Texas Civil Statutes), is transferred to the Railroad
4-2 Commission of Texas for the same period and the same purpose.
4-3 (b) Any appropriation made to the Texas Department of
4-4 Licensing and Regulation for the biennium ending August 31, 1995,
4-5 for the administration of the Vehicle Storage Facility Act (Article
4-6 6687-9a, Revised Statutes), is transferred to the Railroad
4-7 Commission of Texas for the same period and the same purpose.
4-8 SECTION 4. Section 2 and Subsection (b) of Section 3 of this
4-9 Act are contingent on S.B. No. 452, Acts of the 73rd Legislature,
4-10 Regular Session, 1993, becoming law. If that legislation does not
4-11 become law, Section 2 and Subsection (b) of Section 3 have no
4-12 effect.
4-13 SECTION 5. Section 11, Chapter 1135, Acts of the 70th
4-14 Legislature, Regular Session, 1987 (Article 6687-9b, Vernon's Texas
4-15 Civil Statutes), is repealed.
4-16 SECTION 6. (a) A rule adopted by the Texas Commission of
4-17 Licensing and Regulation or the commissioner of licensing and
4-18 regulation under Chapter 1135, Acts of the 70th Legislature,
4-19 Regular Session, 1987 (Article 6687-9b, Vernon's Texas Civil
4-20 Statutes), before the effective date of this Act remains in effect
4-21 as a rule of the Railroad Commission of Texas until superseded by a
4-22 rule of the Railroad Commission of Texas.
4-23 (b) A certificate of registration that is valid on the
4-24 effective date of this Act remains valid until it expires or until
4-25 the Railroad Commission of Texas suspends or revokes the
4-26 registration.
4-27 (c) A proceeding to suspend or revoke a certificate of
5-1 registration issued under Chapter 1135, Acts of the 70th
5-2 Legislature, Regular Session, 1987 (Article 6687b, Vernon's Texas
5-3 Civil Statutes), pending before the Texas Commission of Licensing
5-4 and Regulation on the effective date of this Act is transferred
5-5 without change in status to the Railroad Commission of Texas on the
5-6 effective date of this Act.
5-7 (d) All records of the Texas Commission of Licensing and
5-8 Regulation involving the registration of tow trucks under Chapter
5-9 1135, Acts of the 70th Legislature, Regular Session, 1987 (Article
5-10 6687-9b, Vernon's Texas Civil Statutes), shall be, on the effective
5-11 date of this Act, transferred to the Railroad Commission of Texas.
5-12 SECTION 7. This Act takes effect September 1, 1993.
5-13 SECTION 8. The importance of this legislation and the
5-14 crowded condition of the calendars in both houses create an
5-15 emergency and an imperative public necessity that the
5-16 constitutional rule requiring bills to be read on three several
5-17 days in each house be suspended, and this rule is hereby suspended.