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.