By Bosse H.B. No. 1681
77R3479 JD-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of tow trucks by political subdivisions
1-3 of this state.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 643.201, Transportation Code, is amended
1-6 to read as follows:
1-7 Sec. 643.201. TOW TRUCK REGULATION BY POLITICAL SUBDIVISIONS
1-8 [MUNICIPALITY]. (a) In addition to the registration requirements
1-9 of Subchapter B, a political subdivision of this state
1-10 [municipality] may regulate the operation of a tow truck to the
1-11 extent allowed by federal law.
1-12 (b) A political subdivision [municipality] may not require
1-13 the registration of a tow truck that performs consent tows in the
1-14 political subdivision [municipality] unless the owner of the tow
1-15 truck has a place of business in the territory of the political
1-16 subdivision [municipality].
1-17 (c) A political subdivision [municipality] may require the
1-18 registration of a tow truck that performs a nonconsent tow in the
1-19 political subdivision [municipality], regardless of whether the
1-20 owner of the tow truck has a place of business in the territory of
1-21 the political subdivision [municipality].
1-22 (d) A political subdivision [municipality] may not require a
1-23 person who holds a driver's license or commercial driver's license
1-24 to obtain a license or permit for operating a tow truck unless the
2-1 person performs nonconsent tows in the territory of the political
2-2 subdivision [municipality]. A fee charged for a license or permit
2-3 may not exceed $15.
2-4 (e) In this section:
2-5 (1) "Commercial driver's license" has the meaning
2-6 assigned by Section 522.003.
2-7 (2) "Consent tow" means any tow [the towing] of a
2-8 motor vehicle initiated by the owner or operator of the vehicle or
2-9 by a person who has possession, custody, or control of the vehicle.
2-10 The term does not include a tow of a motor vehicle initiated by a
2-11 peace officer investigating a traffic accident or a traffic
2-12 incident that involves [with the consent of the owner or operator
2-13 of] the vehicle.
2-14 (3) "Driver's license" has the meaning assigned by
2-15 Section 521.001.
2-16 (4) "Nonconsent tow" means any tow [the towing] of a
2-17 motor vehicle that is not a consent tow [without the consent of the
2-18 owner or operator of the vehicle].
2-19 SECTION 2. This Act takes effect September 1, 2001.