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                                  * * * * *