1-1 By: Bosse, Wise (Senate Sponsor - Cain) H.B. No. 1681
1-2 (In the Senate - Received from the House April 30, 2001;
1-3 April 30, 2001, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 9, 2001, reported favorably by the
1-5 following vote: Yeas 6, Nays 0; May 9, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the regulation of tow trucks by political subdivisions
1-9 of this state.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 643.201, Transportation Code, is amended
1-12 to read as follows:
1-13 Sec. 643.201. TOW TRUCK REGULATION BY POLITICAL SUBDIVISIONS
1-14 [MUNICIPALITY]. (a) In addition to the registration requirements
1-15 of Subchapter B, a political subdivision of this state
1-16 [municipality] may regulate the operation of a tow truck to the
1-17 extent allowed by federal law.
1-18 (b) A political subdivision [municipality] may not require
1-19 the registration of a tow truck that performs consent tows in the
1-20 political subdivision [municipality] unless the owner of the tow
1-21 truck has a place of business in the territory of the political
1-22 subdivision [municipality].
1-23 (c) A political subdivision [municipality] may require the
1-24 registration of a tow truck that performs a nonconsent tow in the
1-25 political subdivision [municipality], regardless of whether the
1-26 owner of the tow truck has a place of business in the territory of
1-27 the political subdivision [municipality].
1-28 (d) A political subdivision [municipality] may not require a
1-29 person who holds a driver's license or commercial driver's license
1-30 to obtain a license or permit for operating a tow truck unless the
1-31 person performs nonconsent tows in the territory of the political
1-32 subdivision [municipality]. A fee charged for a license or permit
1-33 may not exceed $15.
1-34 (e) In this section:
1-35 (1) "Commercial driver's license" has the meaning
1-36 assigned by Section 522.003.
1-37 (2) "Consent tow" means any tow [the towing] of a
1-38 motor vehicle initiated by the owner or operator of the vehicle or
1-39 by a person who has possession, custody, or control of the vehicle.
1-40 The term does not include a tow of a motor vehicle initiated by a
1-41 peace officer investigating a traffic accident or a traffic
1-42 incident that involves [with the consent of the owner or operator
1-43 of] the vehicle.
1-44 (3) "Driver's license" has the meaning assigned by
1-45 Section 521.001.
1-46 (4) "Nonconsent tow" means any tow [the towing] of a
1-47 motor vehicle that is not a consent tow [without the consent of the
1-48 owner or operator of the vehicle].
1-49 SECTION 2. This Act takes effect September 1, 2001.
1-50 * * * * *