1-1 By: Harris of Tarrant S.B. No. 958
1-2 (In the Senate - Filed March 11, 1993; March 15, 1993, read
1-3 first time and referred to Committee on State Affairs;
1-4 May 12, 1993, reported favorably by the following vote: Yeas 7,
1-5 Nays 0; May 12, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Harris of Dallas x
1-9 Rosson x
1-10 Carriker x
1-11 Henderson x
1-12 Leedom x
1-13 Lucio x
1-14 Luna x
1-15 Nelson x
1-16 Patterson x
1-17 Shelley x
1-18 Sibley x
1-19 West x
1-20 Whitmire x
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the registration of tow trucks and the transfer of
1-24 registration to the Railroad Commission of Texas.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Sections 1, 2, 3, 4, 6, and 7, Chapter 1135, Acts
1-27 of the 70th Legislature, Regular Session, 1987 (Article 6687-9b,
1-28 Vernon's Texas Civil Statutes), are amended to read as follows:
1-29 Sec. 1. Definitions. In this Act:
1-30 (1) "Commission" means the Railroad Commission of
1-31 Texas <Commission of Licensing and Regulation>.
1-32 (2) <"Commissioner" means the commissioner of
1-33 licensing and regulation.>
1-34 <(3) "Department" means the Texas Department of
1-35 Licensing and Regulation.>
1-36 <(4)> "Tow truck" means a motor vehicle or mechanical
1-37 device adapted or used to tow, winch, or otherwise move disabled
1-38 motor vehicles.
1-39 (3) <(5)> "Tow truck owner" means a person engaged in
1-40 the business of using a tow truck to tow, winch, or otherwise move
1-41 a motor vehicle.
1-42 Sec. 2. Registration Requirement. (a) Except as provided
1-43 by Section 5 of this Act, a person may not operate a tow truck in
1-44 this state unless the tow truck is registered with the
1-45 commission <department> as provided by this Act.
1-46 (b) The commission <commissioner> shall issue a certificate
1-47 of registration to a tow truck owner whose vehicle meets the
1-48 registration requirements prescribed by rule of the
1-49 commission <commissioner> and who pays the registration fee.
1-50 (c) A certificate of registration issued under this Act is
1-51 not transferable.
1-52 (d) Registration fees collected under this Act shall be
1-53 deposited in a special account in the general revenue fund to be
1-54 known as the tow truck registration account, which may be
1-55 appropriated only to the commission for the registration and
1-56 regulation of tow trucks.
1-57 Sec. 3. POWERS AND DUTIES OF COMMISSION <COMMISSIONER>. The
1-58 commission <commissioner> shall adopt rules, in the interest of
1-59 public safety, that provide requirements for registration and
1-60 maintenance of registration under this Act. Rules adopted under
1-61 this section must include <regarding only the> minimum insurance
1-62 requirements for the operation of tow trucks and minimum safety
1-63 standards regarding the operation of tow trucks.
1-64 Sec. 4. IDENTIFICATION REQUIREMENT. (a) To be eligible for
1-65 registration under this Act, a tow truck must be labeled on both
1-66 sides of the tow truck with the name, address, and telephone number
1-67 of the tow truck owner.
1-68 (b) The commission <commissioner> shall adopt rules relating
2-1 to the identification requirement imposed under this section.
2-2 Sec. 6. RENEWAL. A certificate of registration is valid for
2-3 the period set by the commission and may be renewed by paying to
2-4 the commission <commissioner> the required renewal fee.
2-5 Sec. 7. DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.
2-6 (a) The commission <commissioner> may deny, suspend, revoke, or
2-7 reinstate a certificate of registration.
2-8 (b) The commission <commissioner> shall adopt rules
2-9 establishing the procedures for denial, suspension, revocation, or
2-10 reinstatement of a certificate of registration for failure to
2-11 follow the <insurance and minimum safety> requirements established
2-12 by the commission <commissioner>.
2-13 (c) Proceedings relating to the denial, suspension, or
2-14 revocation of a certificate of registration issued under this Act
2-15 are subject to the Administrative Procedure and Texas Register Act
2-16 (Article 6252-13a, Vernon's Texas Civil Statutes).
2-17 SECTION 2. Section 11, Chapter 1135, Acts of the 70th
2-18 Legislature, Regular Session, 1987 (Article 6687-9b, Vernon's Texas
2-19 Civil Statutes), is repealed.
2-20 SECTION 3. (a) A rule adopted by the Texas Commission of
2-21 Licensing and Regulation or the commissioner of licensing and
2-22 regulation under Chapter 1135, Acts of the 70th Legislature,
2-23 Regular Session, 1987 (Article 6687-9b, Vernon's Texas Civil
2-24 Statutes), before the effective date of this Act remains in effect
2-25 as a rule of the Railroad Commission of Texas until superseded by a
2-26 rule of the Railroad Commission of Texas.
2-27 (b) A certificate of registration that is valid on the
2-28 effective date of this Act remains valid until it expires or until
2-29 the Railroad Commission of Texas suspends or revokes the
2-30 registration.
2-31 (c) A proceeding to suspend or revoke a certificate of
2-32 registration issued under Chapter 1135, Acts of the 70th
2-33 Legislature, Regular Session, 1987 (Article 6687b, Vernon's Texas
2-34 Civil Statutes), pending before the Texas Commission of Licensing
2-35 and Regulation on the effective date of this Act is transferred
2-36 without change in status to the Railroad Commission of Texas on the
2-37 effective date of this Act.
2-38 (d) All records of the Texas Commission of Licensing and
2-39 Regulation involving the registration of tow trucks under Chapter
2-40 1135, Acts of the 70th Legislature, Regular Session, 1987 (Article
2-41 6687-9b, Vernon's Texas Civil Statutes), shall be, on the effective
2-42 date of this Act, transferred to the Railroad Commission of Texas.
2-43 SECTION 4. This Act takes effect September 1, 1993.
2-44 SECTION 5. The importance of this legislation and the
2-45 crowded condition of the calendars in both houses create an
2-46 emergency and an imperative public necessity that the
2-47 constitutional rule requiring bills to be read on three several
2-48 days in each house be suspended, and this rule is hereby suspended.
2-49 * * * * *
2-50 Austin,
2-51 Texas
2-52 May 12, 1993
2-53 Hon. Bob Bullock
2-54 President of the Senate
2-55 Sir:
2-56 We, your Committee on State Affairs to which was referred S.B.
2-57 No. 958, have had the same under consideration, and I am instructed
2-58 to report it back to the Senate with the recommendation that it do
2-59 pass and be printed.
2-60 Harris of
2-61 Dallas, Chairman
2-62 * * * * *
2-63 WITNESSES
2-64 FOR AGAINST ON
2-65 ___________________________________________________________________
2-66 Name: Danny Hankins x
2-67 Representing: A-1 Wrecker Service
2-68 City: Ft Worth
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2-70 Name: James Hoss x
3-1 Representing: Texas Towing & Storage Assn
3-2 City: Houston
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