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Amend CSHB 2094 by striking all below the enacting clause and
substituting the following:
ARTICLE 1. LICENSING AND REGULATION OF TOWING AND VEHICLE STORAGE
SECTION 1.01. Sections 2303.002(2), (3), and (4),
Occupations Code, are amended to read as follows:
(2) "Commission" means the Texas [Transportation]
Commission of Licensing and Regulation.
(3) "Department" means the Texas Department of
Licensing and Regulation [Transportation].
(4) "Executive director [Director]" means the
executive director of the department [or a person designated by the
executive director who is not below the rank of division or special
office director].
SECTION 1.02. Section 2303.051, Occupations Code, is
amended to read as follows:
Sec. 2303.051. RULEMAKING: LICENSE REQUIREMENTS[;
SANCTIONS]. The commission shall adopt rules that:
(1) establish the requirements for a person to be
licensed to operate a vehicle storage facility to ensure that the
facility maintains adequate standards for the care of stored
vehicles; [and]
(2) relate to the administrative sanctions that may be
imposed on a person licensed under this chapter;
(3) govern the administration of this chapter.
SECTION 1.03. Subchapter B, Chapter 2303, Occupations Code,
is amended by adding Sections 2303.055, 2303.056, 2303.057, and
2303.058 to read as follows:
Sec. 2303.055. EXAMINATION OF CRIMINAL CONVICTION. The
department may conduct an examination of any criminal conviction of
an applicant, including by obtaining any criminal history record
information permitted by law.
Sec. 2303.056. PERIODIC AND RISK-BASED INSPECTIONS. (a)
The department may enter and inspect at any time during business
hours:
(1) the place of business of any person regulated
under this chapter; or
(2) any place in which the department has reasonable
cause to believe that a license holder is in violation of this
chapter or in violation of a rule or order of the commission or
executive director.
(b) At least once every two years, the department shall
inspect a vehicle storage facility that holds a license under this
chapter.
(c) The department shall conduct additional inspections
based on a schedule of risk-based inspections using the following
criteria:
(1) the type and nature of the vehicle storage
facility;
(2) the inspection history of the vehicle storage
facility;
(3) any history of violations involving the vehicle
storage facility; and
(4) any other factor determined by the commission by
rule.
(d) The vehicle storage facility shall pay a fee for each
risk-based inspection performed under Subsection (c). The
commission by rule shall set the amount of the fee.
Sec. 2303.057. PERSONNEL. The department may employ
personnel necessary to administer and enforce this chapter.
Sec. 2303.058. ADVISORY BOARD. The Towing and Storage
Advisory Board under Chapter 2308 shall advise the commission in
adopting vehicle storage rules under this chapter.
SECTION 1.04. The heading to Section 2303.101, Occupations
Code, is amended to read as follows:
Sec. 2303.101. FACILITY LICENSE REQUIRED.
SECTION 1.05. Subchapter C, Chapter 2303, Occupations Code,
is amended by adding Section 2303.1015 to read as follows:
Sec. 2303.1015. EMPLOYEE LICENSE REQUIRED. (a) A person
may not work at a vehicle storage facility unless the person holds a
license issued under this chapter.
(b) The commission shall adopt rules governing the
application for and issuance of a license under this section.
SECTION 1.06. Sections 2303.102(a) and (b), Occupations
Code, are amended to read as follows:
(a) The commission by rule shall determine the types of
information to be included in an application for a license under
this chapter on a form prescribed by the executive director.
(b) The rules adopted [by the commission] under this section
must require an [the] application for a facility license [to be made
under oath and] to list:
(1) the name and address of each partner, if the
applicant is a partnership; and
(2) the name and address of the president, secretary,
and treasurer of the corporation, if the applicant is a corporation
[; and
[(3) each conviction of a felony, or of a misdemeanor
punishable by confinement in jail or by a fine exceeding $200, that
was obtained against the applicant or a partner or officer of the
applicant in the three years preceding the date of application].
SECTION 1.07. Section 2303.151(c), Occupations Code, is
amended to read as follows:
(c) It is a defense to an action initiated by the department
for a violation of this section that the operator of the facility
unsuccessfully attempted in writing or electronically to obtain
information from the governmental entity with which the vehicle is
registered.
SECTION 1.08. Section 2303.155(b), Occupations Code, is
amended to read as follows:
(b) The operator of a vehicle storage facility or
governmental vehicle storage facility may charge the owner of a
vehicle stored or parked at the facility:
(1) a notification fee set in a reasonable amount for
providing notice under this subchapter, including notice under
Section 2303.154(c);
(2) an impoundment fee of $20 for any action that:
(A) is taken by or at the direction of the owner
or operator of the facility; and
(B) is necessary to preserve, protect, or service
a vehicle stored or parked at the facility;
(3) a daily storage fee of:
(A) not less than $5 and not more than $20 for
each day or part of a day the vehicle is stored at the facility if
the vehicle is not longer than 25 feet; or
(B) $35 for each day or part of a day the vehicle
is stored at the facility if the vehicle is longer than 25 feet;
[and]
(4) any fee that is required to be submitted to a law
enforcement agency, the agency's authorized agent, or a
governmental entity; and
(5) a fee in an amount set by the commission for the
remediation, recovery, or capture of an environmental or biological
hazard.
SECTION 1.09. Subchapter D, Chapter 2303, Occupations Code,
is amended by adding Section 2303.160 to read as follows:
Sec. 2303.160. DRUG TESTING OF EMPLOYEES. (a) A license
holder shall establish a drug testing policy for employees of the
vehicle storage facility operated by the license holder. A license
holder that establishes a drug testing policy under this subsection
may adopt the model drug testing policy adopted by the commission or
may use another drug testing policy that the department determines
is at least as stringent as the policy adopted by the commission.
(b) The commission by rule shall adopt a model drug testing
policy for use by license holders. The model drug testing policy
must be designed to ensure the safety of the public through
appropriate drug testing and to protect the rights of employees.
The model drug testing policy must:
(1) require at least one scheduled drug test each year
for each employee of a vehicle storage facility who has direct
contact with the public; and
(2) authorize random, unannounced drug testing for
employees described by Subdivision (1).
SECTION 1.10. Section 2303.302, Occupations Code, is
amended to read as follows:
Sec. 2303.302. CRIMINAL PENALTIES. (a) A person commits an
offense if the person:
(1) violates the licensing requirements of [operates a
vehicle storage facility for which a license has not been issued
under] this chapter; or
(2) employs an individual who does not hold an
appropriate license required by [violates a rule adopted by the
commission under] this chapter.
(b) An offense under this section is a Class C misdemeanor
[punishable by a fine of not less than $200 and not more than $500].
[(c) A person commits a separate offense for each day the
person violates this section.]
SECTION 1.11. Subchapter G, Chapter 2303, Occupations Code,
is amended by adding Sections 2303.304 and 2303.305 to read as
follows:
Sec. 2303.304. ADMINISTRATIVE PENALTY. (a) The commission
may impose an administrative penalty on a person under Subchapter
F, Chapter 51, regardless of whether the person holds a
registration, permit, or license under this chapter, if the person
violates:
(1) this chapter or a rule adopted under this chapter;
or
(2) a rule or order of the executive director or
commission.
(b) An administrative penalty may not be imposed unless the
person charged with a violation is provided the opportunity for a
hearing.
Sec. 2303.305. CEASE AND DESIST ORDER; INJUNCTION; CIVIL
PENALTY. (a) The executive director may issue a cease and desist
order as necessary to enforce this chapter if the executive
director determines that the action is necessary to prevent a
violation of this chapter and to protect public health and safety.
(b) The attorney general or executive director may
institute an action for an injunction or a civil penalty under this
chapter as provided by Section 51.352.
SECTION 1.12. Subtitle A, Title 14, Occupations Code, is
amended by adding Chapter 2308 to read as follows:
CHAPTER 2308. VEHICLE TOWING
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2308.001. SHORT TITLE. This chapter may be cited as
the Texas Towing Act.
Sec. 2308.002. DEFINITIONS. In this chapter:
(1) "Advisory board" means the Towing and Storage
Advisory Board.
(2) "Commission" means the Texas Commission of
Licensing and Regulation.
(3) "Consent tow" means any tow of a motor vehicle
initiated by the owner or operator of the vehicle or by a person who
has possession, custody, or control of the vehicle. The term does
not include a tow of a motor vehicle initiated by a peace officer
investigating a traffic accident or a traffic incident that
involves the vehicle.
(4) "Department" means the Texas Department of
Licensing and Regulation.
(5) "Driver's license" has the meaning assigned by
Section 521.001, Transportation Code.
(6) "Nonconsent tow" means any tow of a motor vehicle
that is not a consent tow.
(7) "Parking facility" means public or private
property used, wholly or partly, for restricted or paid vehicle
parking. The term includes:
(A) a restricted space on a portion of an
otherwise unrestricted parking facility; and
(B) a commercial parking lot, a parking garage,
and a parking area serving or adjacent to a business, church,
school, home, apartment complex, property governed by a property
owners' association, or government-owned property leased to a
private person, including:
(i) a portion of the right-of-way of a
public roadway that is leased by a governmental entity to the
parking facility owner; and
(ii) the area between the facility's
property line abutting a county or municipal public roadway and the
center line of the roadway's drainage way or the curb of the
roadway, whichever is farther from the facility's property line.
(8) "Parking facility owner" means:
(A) an owner or operator of a parking facility,
including a lessee, employee, or agent of an owner or operator;
(B) a property owners' association having
control under a dedicatory instrument, as that term is defined in
Section 202.001, Property Code, over assigned or unassigned parking
areas; or
(C) a property owner having an exclusive right
under a dedicatory instrument, as that term is defined in Section
202.001, Property Code, to use a parking space.
(9) "Property owners' association" has the meaning
assigned by Section 202.001, Property Code.
(10) "Public roadway" means a public street, alley,
road, right-of-way, or other public way, including paved and
unpaved portions of the right-of-way.
(11) "Tow truck" means a motor vehicle, including a
wrecker, equipped with a mechanical device used to tow, winch, or
otherwise move another motor vehicle.
(12) "Towing company" means an individual,
association, corporation, or other legal entity that controls,
operates, or directs the operation of one or more tow trucks over a
public roadway in this state but does not include a political
subdivision of the state.
(13) "Unauthorized vehicle" means a vehicle parked,
stored, or located on a parking facility without the consent of the
parking facility owner.
(14) "Vehicle" means a device in, on, or by which a
person or property may be transported on a public roadway. The term
includes an operable or inoperable automobile, truck, motorcycle,
recreational vehicle, or trailer but does not include a device
moved by human power or used exclusively on a stationary rail or
track.
(15) "Vehicle owner" means a person:
(A) named as the purchaser or transferee in the
certificate of title issued for the vehicle under Chapter 501,
Transportation Code;
(B) in whose name the vehicle is registered under
Chapter 502, Transportation Code, or a member of the person's
immediate family;
(C) who holds the vehicle through a lease
agreement;
(D) who is an unrecorded lienholder entitled to
possess the vehicle under the terms of a chattel mortgage; or
(E) who is a lienholder holding an affidavit of
repossession and entitled to repossess the vehicle.
(16) "Vehicle storage facility" means a vehicle
storage facility, as defined by Section 2303.002, that is operated
by a person who holds a license issued under Chapter 2303 to operate
the facility.
Sec. 2308.003. STUDY OF NONCONSENT TOWING FEES. (a) The
department shall study the fees charged by license and permit
holders for nonconsent tows, compliance of license and permit
holders with local regulations governing towing fees, and consumer
complaints related to fees for nonconsent tows. Not later than
January 1, 2009, the department shall report to the legislature the
findings of the study, including any recommendations for state
regulation of towing fees.
(b) This section expires September 1, 2009.
[Sections 2308.004-2308.050 reserved for expansion]
SUBCHAPTER B. ADVISORY BOARD
Sec. 2308.051. TOWING AND STORAGE ADVISORY BOARD. (a) The
advisory board consists of the following members appointed by the
presiding officer of the commission with the approval of the
commission:
(1) one representative of a towing company operating
in a county with a population of less than one million;
(2) one representative of a towing company operating
in a county with a population of one million or more;
(3) one owner of a vehicle storage facility located in
a county with a population of less than one million;
(4) one owner of a vehicle storage facility located in
a county with a population of one million or more;
(5) one parking facility owner;
(6) one law enforcement officer from a county with a
population of less than one million;
(7) one law enforcement officer from a county with a
population of one million or more; and
(8) one representative of property and casualty
insurers who write automobile insurance in this state.
(b) The advisory board must include representation for each
classification of towing.
(c) An appointment to the advisory board shall be made
without regard to the race, color, disability, sex, religion, age,
or national origin of the appointee.
Sec. 2308.052. TERMS; VACANCIES. (a) Advisory board
members serve terms of six years, with the terms of two or three
members, as appropriate, expiring on February 1 of each
odd-numbered year.
(b) A member may not serve more than two full consecutive
terms.
(c) If a vacancy occurs during a term, the presiding officer
of the commission shall appoint a replacement who meets the
qualifications of the vacated position to serve for the remainder
of the term.
Sec. 2308.053. PRESIDING OFFICER. The presiding officer of
the commission shall appoint one of the advisory board members to
serve as presiding officer of the advisory board for a term of one
year. The presiding officer of the advisory board may vote on any
matter before the advisory board.
Sec. 2308.054. COMPENSATION; REIMBURSEMENT OF EXPENSES.
Advisory board members may not receive compensation but are
entitled to reimbursement for actual and necessary expenses
incurred in performing the functions of the advisory board, subject
to the General Appropriations Act.
Sec. 2308.055. MEETINGS. The advisory board shall meet
twice annually and may meet at other times at the call of the
presiding officer of the commission or the executive director.
Sec. 2308.056. GENERAL POWERS AND DUTIES. The executive
director or commission, as appropriate, may take action as
necessary to administer and enforce this chapter.
Sec. 2308.057. RULES. (a) The commission shall adopt
rules for permitting tow trucks and licensing towing operators and
towing companies.
(b) The commission by rule shall adopt standards of conduct
for license and permit holders under this chapter.
Sec. 2308.058. FEES. The commission shall establish and
collect reasonable and necessary fees in amounts sufficient to
cover the costs of administering this chapter.
Sec. 2308.059. PERIODIC AND RISK-BASED INSPECTIONS. (a)
The department may enter and inspect at any time during business
hours:
(1) the place of business of any person regulated
under this chapter; or
(2) any place in which the department has reasonable
cause to believe that a license or permit holder is in violation of
this chapter or in violation of a rule or order of the commission or
executive director.
(b) The department shall conduct additional inspections
based on a schedule of risk-based inspections using the following
criteria:
(1) the type and nature of the towing company or
operator;
(2) the inspection history;
(3) any history of complaints involving the towing
company or operator; and
(4) any other factor determined by the commission by
rule.
(c) The towing company shall pay a fee for each risk-based
inspection performed under this section. The commission by rule
shall set the amount of the fee.
(d) In conducting an inspection under this section, the
department may inspect a vehicle, a facility, business records, or
any other place or thing reasonably required to enforce this
chapter or a rule or order adopted under this chapter.
Sec. 2308.060. POWERS AND DUTIES OF ADVISORY BOARD. The
advisory board shall provide advice and recommendations to the
department on technical matters relevant to the administration and
enforcement of this chapter, including examination content,
licensing standards, and continuing education requirements.
Sec. 2308.061. PERSONNEL. The department may employ
personnel necessary to administer and enforce this chapter.
[Sections 2308.062-2308.100 reserved for expansion]
SUBCHAPTER C. TOW TRUCK PERMIT REQUIREMENTS
Sec. 2308.101. PERMIT REQUIRED. A tow truck may not be used
for consent towing or nonconsent towing on a public roadway in this
state unless an appropriate permit has been issued for the tow truck
under this subchapter. Each tow truck requires a separate permit.
Sec. 2308.102. APPLICATION REQUIREMENTS. (a) An applicant
for a permit under this subchapter must submit to the department:
(1) a completed application on a form prescribed by
the executive director;
(2) evidence of insurance or financial responsibility
required under this subchapter;
(3) the required fees; and
(4) any other information required by the executive
director.
(b) The department may conduct an examination of any
criminal conviction of an applicant, including by obtaining any
criminal history record information permitted by law.
Sec. 2308.103. REQUIREMENTS FOR INCIDENT MANAGEMENT TOWING
PERMIT. (a) An incident management towing permit is required for a
tow truck used to perform any nonconsent tow initiated by a peace
officer, including a tow authorized under Section 545.3051,
Transportation Code.
(b) To be eligible for an incident management towing permit,
an applicant must submit evidence that:
(1) the tow truck is equipped to tow light-duty or
heavy-duty vehicles according to the manufacturer's towing
guidelines;
(2) the applicant has at least $500,000 of liability
insurance for the tow truck; and
(3) the applicant has at least $50,000 of cargo
insurance for the tow truck.
(c) A tow truck permitted under this section may also be
used for private property towing and consent towing.
(d) When a tow truck is used for a nonconsent tow initiated
by a peace officer under Section 545.3051, Transportation Code, the
permit holder is an agent of law enforcement and is subject to
Section 545.3051(e), Transportation Code.
Sec. 2308.104. REQUIREMENTS FOR PRIVATE PROPERTY TOWING
PERMIT. (a) A private property towing permit is required for a tow
truck used to perform a nonconsent tow authorized by a parking
facility owner under this chapter.
(b) To be eligible for a private property towing permit, an
applicant must submit evidence that:
(1) the tow truck is equipped to tow light-duty or
heavy-duty vehicles according to the manufacturer's towing
guidelines;
(2) the applicant has at least $300,000 of liability
insurance for the tow truck; and
(3) the applicant has at least $50,000 of cargo
insurance for the tow truck.
(c) A tow truck permitted under this section may also be
used for consent towing but not for incident management towing.
Sec. 2308.105. REQUIREMENTS FOR CONSENT TOWING PERMIT. (a)
A consent towing permit is required for a tow truck used to perform
a consent tow authorized by the vehicle owner.
(b) To be eligible for a consent towing permit, an applicant
must submit evidence that:
(1) the tow truck is equipped to tow light-duty or
heavy-duty vehicles according to the manufacturer's towing
guidelines; and
(2) the applicant has at least $300,000 of liability
insurance for the tow truck.
(c) A tow truck permitted under this section may not be used
for nonconsent towing, including incident management towing and
private property towing.
Sec. 2308.106. DEPARTMENT APPROVAL; ISSUANCE OF PERMIT.
(a) The department shall issue a permit under this subchapter to an
applicant who meets the requirements for a permit. The department
may deny an application if the applicant has had a permit revoked
under this chapter.
(b) The department shall issue a certificate containing a
single unique permit number for each tow truck, regardless of
whether the permit holder holds more than one permit.
Sec. 2308.107. PERMIT RENEWAL. (a) A permit issued under
this chapter is valid for one year. The department may adopt a
system under which permits expire at different times during the
year.
(b) The department shall notify the permit holder at least
30 days before the date a permit expires. The notice must be in
writing and sent to the permit holder's last known address
according to the records of the department.
(c) A permit holder may renew a permit under this chapter
by:
(1) paying a fee for each tow truck; and
(2) providing to the department evidence of continuing
insurance or financial responsibility in an amount required by this
chapter.
Sec. 2308.108. CAB CARDS. (a) The department shall issue a
cab card for each tow truck issued a permit. The cab card must:
(1) show the permit number of the certificate issued
under Section 2308.106(b);
(2) show the type of permit issued;
(3) show the vehicle unit number;
(4) show the vehicle identification number; and
(5) contain a statement that the vehicle has been
issued a permit under this subchapter.
(b) The department shall issue a cab card when the
department issues or renews a permit under this subchapter.
(c) A permit holder must keep the cab card in the cab of each
permitted tow truck.
(d) The department may order a permit holder to surrender a
cab card if the permit is suspended or revoked under this chapter.
(e) If the department determines that the cab card system
described by Subsections (a) through (c) is not an efficient means
of enforcing this subchapter, the executive director by rule may
adopt an alternative method that is accessible by law enforcement
personnel in the field and provides for the enforcement of the
permit requirements of this subchapter.
(f) A cab card or a permit issued under the alternative
method described in Subsection (e) must be valid for the same
duration as a certificate issued under Section 2308.106.
Sec. 2308.109. DISPLAY OF INFORMATION ON TOW TRUCK. (a) A
permit holder shall display on each permitted tow truck:
(1) the permit holder's name;
(2) the permit holder's telephone number;
(3) the city and state where the permit holder is
located; and
(4) the permit number for the tow truck.
(b) The information required to be displayed must be:
(1) printed in letters and numbers that are at least
two inches high and in a color that contrasts with the color of the
background surface; and
(2) permanently affixed in conspicuous places on both
sides of the tow truck.
Sec. 2308.110. FINANCIAL RESPONSIBILITY. (a) A permit
holder shall maintain liability insurance for each tow truck
according to the requirements under this subchapter.
(b) Unless state law permits a tow truck to be self-insured,
any insurance required for a tow truck must be obtained from an
insurer authorized to do business in this state.
(c) An applicant or permit holder must file with the
department evidence of insurance as required by this subchapter.
(d) A permit holder shall keep evidence of insurance in a
form approved by the department in the cab of each permitted tow
truck.
[Sections 2308.111-2308.150 reserved for expansion]
SUBCHAPTER D. LICENSE REQUIREMENTS
Sec. 2308.151. LICENSE REQUIRED. Unless the person holds
an appropriate license under this subchapter, a person may not:
(1) perform towing operations; or
(2) operate a towing company.
Sec. 2308.152. GENERAL LICENSE APPLICATION REQUIREMENTS.
An applicant for a license under this subchapter must submit to the
department:
(1) a completed application on a form prescribed by
the executive director;
(2) the required fees; and
(3) any other information required by commission rule.
Sec. 2308.153. INCIDENT MANAGEMENT TOWING OPERATOR'S
LICENSE. (a) An incident management towing operator's license is
required to operate a tow truck permitted under Section 2308.103.
(b) An applicant for an incident management towing
operator's license must:
(1) be a licensed Texas driver; and
(2) be certified by the National Drivers Certification
Program of the Towing and Recovery Association of America or
another certification program approved by the department.
Sec. 2308.154. PRIVATE PROPERTY TOWING OPERATOR'S LICENSE.
(a) A private property towing operator's license is required to
operate a tow truck permitted under Section 2308.104.
(b) An applicant for a private property towing operator's
license must:
(1) be a licensed Texas driver; and
(2) be certified by the National Drivers Certification
Program of the Towing and Recovery Association of America or
another certification program approved by the department.
Sec. 2308.155. CONSENT TOWING OPERATOR'S LICENSE. (a) A
consent towing operator's license is required to operate a tow
truck permitted under Section 2308.105.
(b) An applicant for a consent towing operator's license
must be a licensed Texas driver.
Sec. 2308.156. NONTRANSFERABILITY OF LICENSE. A license
issued by the executive director is valid throughout this state and
is not transferable.
Sec. 2308.157. CONTINUING EDUCATION. (a) The commission by
rule shall recognize, prepare, or administer continuing education
programs for license holders. Except as provided by Subsection
(c), each license holder must complete a continuing education
program before the license holder may renew the license holder's
license.
(b) A person recognized by the commission to offer a
continuing education program must:
(1) register with the department; and
(2) comply with rules adopted by the commission
relating to continuing education.
(c) To renew an incident management towing operator's
license the first time, a license holder must complete a
professional development course relating to towing that is
licensed or certified by the National Safety Council or another
course approved and administered by the department under this
section.
Sec. 2308.158. DRUG TESTING OF TOWING OPERATORS. (a) A
towing company shall establish a drug testing policy for towing
operators. A towing company that establishes a drug testing policy
under this subsection may adopt the model drug testing policy
adopted by the commission or may use another drug testing policy
that the department determines is at least as stringent as the
policy adopted by the commission.
(b) The commission by rule shall adopt a model drug testing
policy for use by a towing company. The model drug testing policy
must be designed to ensure the safety of the public through
appropriate drug testing and to protect the rights of employees.
The model drug testing policy must:
(1) require at least one scheduled drug test each year
for each towing operator; and
(2) authorize random, unannounced drug testing for
towing operators.
Sec. 2308.159. LICENSE RENEWAL. (a) A license issued under
this subchapter is valid for one year. The department may adopt a
system under which licenses expire at different times during the
year.
(b) The department shall notify the license holder at least
30 days before the date a license expires. The notice must be in
writing and sent to the license holder's last known address
according to the records of the department.
(c) A license holder may renew a license issued under this
chapter by:
(1) paying a renewal fee; and
(2) completing continuing education as required by
Section 2308.157.
ARTICLE 2. CONSOLIDATION OF LAWS RELATED TO TOWING
SECTION 2.01. Sections 643.201 and 643.203 through 643.208,
Transportation Code, are transferred to Chapter 2308, Occupations
Code, designated as Subchapter E, Chapter 2308, Occupations Code,
renumbered as Sections 2308.201 through 2308.207, Occupations
Code, and amended to read as follows:
SUBCHAPTER E. LOCAL REGULATION OF TOWING
Sec. 2308.201 [643.201]. TOW TRUCK REGULATION BY POLITICAL
SUBDIVISIONS. (a) A [In addition to the registration requirements
of Subchapter B, a] political subdivision of this state may
regulate the operation of a tow truck to the extent allowed by
federal law, except that a political subdivision may not issue a
more restrictive regulation for the use of lighting equipment on a
tow truck than is imposed by Title 7, Transportation Code [this
title].
(b) A political subdivision may not require the
registration of a tow truck that performs consent tows in the
political subdivision unless the owner of the tow truck has a place
of business in the territory of the political subdivision.
(c) A political subdivision may require the registration of
a tow truck that performs a nonconsent tow in the political
subdivision, regardless of whether the owner of the tow truck has a
place of business in the territory of the political subdivision.
(d) A political subdivision may not require a person who
holds a driver's license or commercial driver's license to obtain a
license or permit for operating a tow truck unless the person
performs nonconsent tows in the territory of the political
subdivision. A fee charged for a license or permit may not exceed
$15.
[(e) In this section:
[(1) "Commercial driver's license" has the meaning
assigned by Section 522.003.
[(2) "Consent tow" means any tow of a motor vehicle
initiated by the owner or operator of the vehicle or by a person who
has possession, custody, or control of the vehicle. The term does
not include a tow of a motor vehicle initiated by a peace officer
investigating a traffic accident or a traffic incident that
involves the vehicle.
[(3) "Driver's license" has the meaning assigned by
Section 521.001.
[(4) "Nonconsent tow" means any tow of a motor vehicle
that is not a consent tow.]
Sec. 2308.202 [643.203]. REGULATION BY POLITICAL
SUBDIVISIONS OF FEES FOR NONCONSENT TOWS. The governing body of a
political subdivision shall [may] regulate the fees that may be
charged or collected in connection with a nonconsent tow
originating in the territory of the political subdivision.
Sec. 2308.203 [643.204]. TOWING FEE STUDIES. (a) The
governing body of a political subdivision that regulates nonconsent
tow fees shall establish procedures by which a towing company may
request that a towing fee study be performed.
(b) The governing body of the political subdivision shall
establish or amend the allowable fees for nonconsent tows at
amounts that represent the fair value of the services of a towing
company and are reasonably related to any financial or accounting
information provided to the governing body.
Sec. 2308.204 [643.205]. FEES FOR NONCONSENT TOWS IN OTHER
AREAS. (a) In an area in which no political subdivision regulates
the fees that may be charged or collected for a nonconsent tow from
private property, a towing company may charge and collect a fee for
the tow of a motor vehicle from private property in an amount not to
exceed an amount equal to 150 percent of the fee that the towing
company would have been authorized to charge for a nonconsent tow
made at the request of a peace officer of the political subdivision
in which the private property is located.
(b) A towing company may charge and collect a fee for the tow
of a vehicle, with a gross vehicle weight rating in excess of 26,000
pounds, from private property in an amount not to exceed an amount
equal to 125 percent of the fee that the towing company would have
been authorized to charge for a nonconsent tow made at the request
of a peace officer of the political subdivision in which the private
property is located.
Sec. 2308.205 [643.206]. STORAGE OF TOWED VEHICLES. (a) A
towing company that makes a nonconsent tow shall tow the vehicle to
a vehicle storage facility that is operated by a person who holds a
license to operate the facility under Chapter 2303, [Occupations
Code,] unless the towing company agrees to take the vehicle to a
location designated by the vehicle's owner.
(b) A storage or notification fee imposed in connection with
a motor vehicle towed to a vehicle storage facility is governed by
Chapter 2303[, Occupations Code].
(c) Except as provided by this chapter, Article 18.23, Code
of Criminal Procedure, or Chapter 2303[, Occupations Code], a fee
may not be charged or collected without the prior written consent of
the vehicle owner or operator.
Sec. 2308.206 [643.207]. REQUIRED FILING. (a) Before
January 31 of each year, a towing company shall file with the
department a schedule showing each towing fee that the towing
company charges or collects in connection with a nonconsent tow.
(b) If a political subdivision begins regulating nonconsent
tow fees, the fees shall be reported to the department by the towing
company before the 30th day after the regulation goes into effect.
(c) Any changes in nonconsent tow fees regulated by a
political subdivision shall be reported to the department by the
towing company before the 30th day after the effective date of the
change.
(d) The department shall make towing fee schedules
available on the department's Internet website. The department
shall make no determination as to the reasonableness of a towing fee
schedule.
(e) A license or permit holder may not charge a fee for a
nonconsent tow that is greater than the fee listed in the schedule
most recently submitted to the department under this section.
Sec. 2308.207 [643.208]. REQUIRED POSTING. (a) All
[towing and] storage fees shall be posted at the licensed vehicle
storage facility to which the motor vehicle has been delivered and
shall be posted in view of the person who claims the vehicle.
(b) A vehicle storage facility accepting a nonconsent towed
vehicle shall post a sign in one inch letters stating "Nonconsent
tow fees schedules available on request." The vehicle storage
facility shall provide a copy of a nonconsent towing fees schedule
on request.
SECTION 2.02. Section 684.101, Transportation Code, is
transferred to Subchapter E, Chapter 2308, Occupations Code, and
renumbered as Section 2308.208, Occupations Code, to read as
follows:
Sec. 2308.208 [684.101]. MUNICIPAL ORDINANCE REGULATING
UNAUTHORIZED VEHICLES. A municipality may adopt an ordinance that
is identical to this chapter or that imposes additional
requirements that exceed the minimum standards of this chapter but
may not adopt an ordinance conflicting with this chapter.
SECTION 2.03. Sections 684.011, 684.012, 684.0125,
684.013, 684.014, and 684.015, Transportation Code, are
transferred to Chapter 2308, Occupations Code, designated as
Subchapter F, Chapter 2308, Transportation Code, renumbered as
Sections 2308.251 through 2308.256, Occupations Code, and amended
to read as follows:
SUBCHAPTER F. UNAUTHORIZED VEHICLES
Sec. 2308.251 [684.011]. PROHIBITION AGAINST UNATTENDED
VEHICLES IN CERTAIN AREAS. (a) The owner or operator of a vehicle
may not leave unattended on a parking facility a vehicle that:
(1) is in or obstructs a vehicular traffic aisle,
entry, or exit of the parking facility;
(2) prevents a vehicle from exiting a parking space in
the facility;
(3) is in or obstructs a fire lane marked according to
Subsection (c); or
(4) does not display the special license plates issued
under Section 504.201, Transportation Code, or the disabled parking
placard issued under Chapter 681, Transportation Code, for a
vehicle transporting a disabled person and is in a parking space
that is designated for the exclusive use of a vehicle transporting a
disabled person.
(b) Subsection (a) does not apply to an emergency vehicle
that is owned by, or the operation of which is authorized by, a
governmental entity.
(c) If a government regulation governing the marking of a
fire lane applies to a parking facility, a fire lane in the facility
must be marked as provided by the regulation. If a government
regulation on the marking of a fire lane does not apply to the
parking facility, all curbs of fire lanes must be painted red and be
conspicuously and legibly marked with the warning "FIRE LANE--TOW
AWAY ZONE" in white letters at least three inches tall, at intervals
not exceeding 50 feet.
Sec. 2308.252 [684.012]. REMOVAL AND STORAGE OF
UNAUTHORIZED VEHICLE. (a) A parking facility owner may, without
the consent of the owner or operator of an unauthorized vehicle,
cause the vehicle and any property on or in the vehicle to be
removed and stored at a vehicle storage facility at the vehicle
owner's or operator's expense if:
(1) signs that comply with Subchapter G [C]
prohibiting unauthorized vehicles are located on the parking
facility at the time of towing and for the preceding 24 hours and
remain installed at the time of towing;
(2) the owner or operator of the vehicle has received
actual notice from the parking facility owner that the vehicle will
be towed at the vehicle owner's or operator's expense if it is in or
not removed from an unauthorized space;
(3) the parking facility owner gives notice to the
owner or operator of the vehicle under Subsection (b); or
(4) the vehicle is:
(A) left in violation of Section 2308.251
[684.011] or 2308.253 [684.0125]; or
(B) in or obstructing a portion of a paved
driveway or abutting public roadway used for entering or exiting
the facility [and the removal is approved by a peace officer].
(b) A parking facility owner is considered to have given
notice under Subsection (a)(3) if:
(1) a conspicuous notice has been attached to the
vehicle's front windshield or, if the vehicle has no front
windshield, to a conspicuous part of the vehicle stating:
(A) that the vehicle is in a parking space in
which the vehicle is not authorized to be parked;
(B) a description of all other unauthorized areas
in the parking facility;
(C) that the vehicle will be towed at the expense
of the owner or operator of the vehicle if it remains in an
unauthorized area of the parking facility; and
(D) a telephone number that is answered 24 hours
a day to enable the owner or operator of the vehicle to locate the
vehicle; and
(2) a notice is mailed after the notice is attached to
the vehicle as provided by Subdivision (1) to the owner of the
vehicle by certified mail, return receipt requested, to the last
address shown for the owner according to the vehicle registration
records of the Texas Department of Transportation, or if the
vehicle is registered in another state, the appropriate agency of
that state.
(c) The notice under Subsection (b)(2) must:
(1) state that the vehicle is in a space in which the
vehicle is not authorized to park;
(2) describe all other unauthorized areas in the
parking facility;
(3) contain a warning that the unauthorized vehicle
will be towed at the expense of the owner or operator of the vehicle
if it is not removed from the parking facility before the 15th day
after the postmark date of the notice; and
(4) state a telephone number that is answered 24 hours
a day to enable the owner or operator to locate the vehicle.
(d) The mailing of a notice under Subsection (b)(2) is not
required if after the notice is attached under Subsection (b)(1)
the owner or operator of the vehicle leaves the vehicle in another
location where parking is unauthorized for the vehicle according to
the notice.
Sec. 2308.253 [684.0125]. UNATTENDED VEHICLES ON PARKING
FACILITY OF APARTMENT COMPLEX; REMOVAL AND STORAGE OF VEHICLES.
(a) This section applies only to a parking facility serving or
adjacent to an apartment complex consisting of one or more
residential apartment units and any adjacent real property serving
the apartment complex.
(b) The owner or operator of a vehicle may not leave
unattended on a parking facility a vehicle that:
(1) obstructs a gate that is designed or intended for
the use of pedestrians or vehicles;
(2) obstructs pedestrian or vehicular access to an
area that is used for the placement of a garbage or refuse
receptacle used in common by residents of the apartment complex;
(3) is in or obstructs a restricted parking area or
parking space designated under Subchapter G [C], including a space
designated for the use of employees or maintenance personnel of the
parking facility or apartment complex;
(4) is in a tow away zone, other than a fire lane
covered by Section 2308.251(c) [684.011(c)], that is brightly
painted and is conspicuously and legibly marked with the warning
"TOW AWAY ZONE" in contrasting letters at least three inches tall;
(5) is a semitrailer, trailer, or truck-tractor, as
defined by Chapter 502, Transportation Code, unless the owner or
operator of the vehicle is permitted under the terms of a rental or
lease agreement with the apartment complex to leave the unattended
vehicle on the parking facility; or
(6) is leaking a fluid that presents a hazard or threat
to persons or property.
(c) A parking facility owner may not have an emergency
vehicle described by Section 2308.251(b) [684.011(b)] removed from
the parking facility.
(d) Except as provided by a contract described by Subsection
(e), a parking facility owner may not have a vehicle removed from
the parking facility merely because the vehicle does not display:
(1) an unexpired license plate or registration
insignia issued for the vehicle under Chapter 502, Transportation
Code, or the vehicle registration law of another state or country;
or
(2) a valid vehicle inspection certificate issued
under Chapter 548, Transportation Code, or the vehicle inspection
law of another state or country.
(e) A contract provision providing for the removal from a
parking facility of a vehicle that does not display an unexpired
license plate or registration insignia or a valid inspection
certificate is valid only if the provision requires the owner or
operator of the vehicle to be given at least 10 days' written notice
that the vehicle will be towed from the facility at the vehicle
owner's or operator's expense if it is not removed from the parking
facility. The notice must be:
(1) delivered in person to the owner or operator of the
vehicle; or
(2) sent by certified mail, return receipt requested,
to that owner or operator.
(f) This section may not be construed:
(1) to authorize the owner or operator of a vehicle to
leave an unattended vehicle on property that is not designed or
intended for the parking of vehicles; or
(2) to limit or restrict the enforcement of Chapter
683, Transportation Code, the abandoned motor vehicle law.
(g) A provision of an apartment lease or rental agreement
entered into or renewed on or after January 1, 2004, that is in
conflict or inconsistent with this section is void and may not be
enforced.
Sec. 2308.254 [684.013]. LIMITATION ON PARKING FACILITY
OWNER'S AUTHORITY TO REMOVE UNAUTHORIZED VEHICLE. A parking
facility owner may not have an unauthorized vehicle removed from
the facility except:
(1) as provided by this chapter or a municipal
ordinance that complies with Section 2308.208 [684.101]; or
(2) under the direction of a peace officer or the owner
or operator of the vehicle.
Sec. 2308.255 [684.014]. TOWING COMPANY'S AUTHORITY TO
REMOVE AND STORE UNAUTHORIZED VEHICLE. (a) A towing company that
is insured as provided by Subsection (c) may, without the consent of
an owner or operator of an unauthorized vehicle, remove and store
the vehicle at a vehicle storage facility at the expense of the
owner or operator of the vehicle if:
(1) the towing company has received written
verification from the parking facility owner that:
(A) the parking facility owner has installed the
signs required by Section 2308.252(a)(1) [684.012(a)(1)]; or
(B) the owner or operator received notice under
Section 2308.252(a)(2) [684.012(a)(2)] or the parking facility
owner gave notice complying with Section 2308.252(a)(3)
[684.012(a)(3)]; or
(2) the vehicle is:
(A) left in violation of Section 2308.251
[684.011]; or
(B) in or obstructing a portion of a paved
driveway or abutting public roadway used for entering or exiting
the facility and the removal is approved by a peace officer.
(b) A towing company may not remove an unauthorized vehicle
except under:
(1) this chapter;
(2) a municipal ordinance that complies with Section
2308.208 [684.101]; or
(3) the direction of a peace officer or the owner or
operator of the vehicle.
(c) Only a towing company that is insured against liability
for property damage incurred in towing a vehicle may remove and
store an unauthorized vehicle under this section.
(d) A towing company may remove and store a vehicle under
Subsection (a) only if the parking facility owner:
(1) requests that the towing company remove and store
the specific vehicle; or
(2) has a standing written agreement with the towing
company to enforce parking restrictions in the parking facility
from which the vehicle will be removed.
Sec. 2308.256 [684.015]. VEHICLE STORAGE FACILITY'S DUTY
TO REPORT AFTER ACCEPTING UNAUTHORIZED VEHICLE. (a) A vehicle
storage facility accepting a vehicle that is towed under this
chapter shall within two hours after receiving the vehicle report
to the police department of the municipality in which the parking
facility is located, or, if the parking facility is not located in a
municipality having a police department, to the sheriff of the
county in which the parking facility is located:
(1) a general description of the vehicle;
(2) the state and number of the vehicle's license
plate, if any;
(3) the vehicle identification number of the vehicle,
if it can be ascertained;
(4) the location from which the vehicle was towed; and
(5) the name and location of the vehicle storage
facility where the vehicle is being stored.
(b) The report required by this section must be made by
telephone or delivered personally or by facsimile.
SECTION 2.04. Subchapter C, Chapter 684, Transportation
Code, is transferred to Chapter 2308, Occupations Code, and
redesignated as Subchapter G, Chapter 2308, Occupations Code, and
Sections 684.031 through 684.035, Transportation Code, are
renumbered as Sections 2308.301 through 2308.305, Occupations
Code, and amended to read as follows:
SUBCHAPTER G [C]. SIGNS PROHIBITING UNAUTHORIZED VEHICLES AND
DESIGNATING RESTRICTED AREAS
Sec. 2308.301 [684.031]. GENERAL REQUIREMENTS FOR SIGN
PROHIBITING UNAUTHORIZED VEHICLES. (a) Except as provided by
Subsection (a)(2)(B) and Section 2308.304 [684.034] or 2308.305
[684.035] an unauthorized vehicle may not be towed under Section
2308.252(a)(1) [684.012(a)(1)] unless a sign prohibiting
unauthorized vehicles on a parking facility is:
(1) facing and conspicuously visible to the driver of
a vehicle that enters the facility;
(2) located:
(A) on the right or left side of each driveway or
curb-cut through which a vehicle can enter the facility, including
an entry from an alley abutting the facility; or
(B) at intervals along the entrance so that no
entrance is farther than 25 feet from a sign if:
(i) curbs, access barriers, landscaping, or
driveways do not establish definite vehicle entrances onto a
parking facility from a public roadway other than an alley; and
(ii) the width of an entrance exceeds 35
feet;
(3) permanently mounted on a pole, post, permanent
wall, or permanent barrier;
(4) installed on the parking facility; and
(5) installed so that the bottom edge of the sign is no
lower than five feet and no higher than eight feet above ground
level.
(b) Except as provided by Section 2308.305 [684.035], an
unauthorized vehicle may be towed under Section 2308.252(a)(1)
[684.012(a)(1)] only if each sign prohibiting unauthorized
vehicles:
(1) is made of weather-resistant material;
(2) is at least 18 inches wide and 24 inches tall;
(3) contains the international symbol for towing
vehicles;
(4) contains a statement describing who may park in
the parking facility and prohibiting all others;
(5) bears the words "Unauthorized Vehicles Will Be
Towed at Owner's or Operator's Expense";
(6) contains a statement of the days and hours of
towing enforcement; and
(7) contains a number, including the area code, of a
telephone that is answered 24 hours a day to enable an owner or
operator of a vehicle to locate the vehicle.
Sec. 2308.302 [684.032]. COLOR, LAYOUT, AND LETTERING
HEIGHT REQUIREMENTS. (a) Except as provided by Section 2308.305
[684.035], each sign required by this chapter must comply with the
color, layout, and lettering height requirements of this section.
(b) A bright red international towing symbol, which is a
solid silhouette of a tow truck towing a vehicle on a generally
rectangular white background, at least four inches in height, must
be on the uppermost portion of a sign or on a separate sign placed
immediately above the sign.
(c) The portion of the sign immediately below the
international towing symbol must contain the words "Towing
Enforced" or the information provided by Section 2308.301(b)(4)
[684.031(b)(4)] in lettering at least two inches in height. The
lettering on this portion of the sign must consist of white letters
on a bright red background.
(d) Except as provided by Subsection (e), the next lower
portion of the sign must contain the remaining information required
by Section 2308.301(b) [684.031(b)] displayed in bright red letters
at least one inch in height on a white background.
(e) The bottommost portion of the sign must contain the
telephone number required by Section 2308.301(b) [684.031(b)], in
lettering at least one inch in height and may, if the facility owner
chooses or if an applicable municipal ordinance requires, include
the name and address of the storage facility to which an
unauthorized vehicle will be removed. The lettering on this
portion of the sign must consist of white letters on a bright red
background.
Sec. 2308.303 [684.033]. TELEPHONE NUMBER FOR LOCATING
TOWED VEHICLE REQUIRED. If a parking facility owner posts a sign
described by Sections 2308.301 [684.031] and 2308.302 [684.032],
the owner of a vehicle that is towed from the facility under this
chapter must be able to locate the vehicle by calling the telephone
number on the sign.
Sec. 2308.304 [684.034]. DESIGNATION OF RESTRICTED PARKING
SPACES ON OTHERWISE UNRESTRICTED PARKING FACILITY. A parking
facility owner may designate one or more spaces as restricted
parking spaces on a portion of an otherwise unrestricted parking
facility. Instead of installing a sign at each entrance to the
parking facility as provided by Section 2308.301(a)(2)
[684.031(a)(2)], an owner may place a sign that prohibits
unauthorized vehicles from parking in designated spaces and that
otherwise complies with Sections 2308.301 [684.031] and 2308.302
[684.032]:
(1) at the right or left side of each entrance to a
designated area or group of parking spaces located on the
restricted portion of the parking facility; or
(2) at the end of a restricted parking space so that
the sign, the top of which must not be higher than seven feet above
the ground, is in front of a vehicle that is parked in the space and
the rear of which is at the entrance of the space.
Sec. 2308.305 [684.035]. INDIVIDUAL PARKING RESTRICTIONS
IN RESTRICTED AREA. (a) A parking facility owner who complies with
Sections 2308.301 [684.031] and 2308.302 [684.032] may impose
further specific parking restrictions in an area to which the signs
apply for individual spaces by installing or painting a
weather-resistant sign or notice on a curb, pole, post, permanent
wall, or permanent barrier so that the sign is in front of a vehicle
that is parked in the space and the rear of which is at the entrance
of the space.
(b) The top of the sign or notice may not be higher than
seven feet above the ground.
(c) The sign or notice must include an indication that the
space is reserved for a particular unit number, person, or type of
person.
(d) The letters on the sign or notice must be at least two
inches in height and must contrast to the color of the curb, wall,
or barrier so they can be read during the day and at night. The
letters are not required to be illuminated or made of reflective
material.
SECTION 2.05. Subchapter D, Chapter 684, Transportation
Code, is transferred to Chapter 2308, Occupations Code, and
redesignated as Subchapter H, Chapter 2308, Occupations Code, and
Sections 684.051 through 684.054, Transportation Code, are
renumbered as Sections 2308.351 through 2308.354, Occupations
Code, and amended to read as follows:
SUBCHAPTER H [D]. REGULATION OF PARKING ON CERTAIN PUBLIC ROADWAY
AREAS
Sec. 2308.351 [684.051]. REMOVAL OF UNAUTHORIZED VEHICLE
FROM LEASED RIGHT-OF-WAY. Unless prohibited by the lease, a
parking facility owner or towing company may remove an unauthorized
vehicle parked in a leased area described by Section
2308.002(7)(B)(i) [684.001(1)(B)(i)] if the owner or towing
company gives notice under Section 2308.252(a)(1), (2), or (3)
[684.012(a)(1), (2), or (3)] and otherwise complies with this
chapter.
Sec. 2308.352 [684.052]. REMOVAL OF UNAUTHORIZED VEHICLE
FROM AREA BETWEEN PARKING FACILITY AND PUBLIC ROADWAY. Unless
prohibited by a municipal ordinance, a parking facility owner or
towing company may remove an unauthorized vehicle any part of which
is in an area described by Section 2308.002(7)(B)(ii)
[684.001(1)(B)(ii)] if notice provided by Section 2308.252(a)(2)
or (3) [684.012(a)(2) or (3)] is given and the owner or towing
company has otherwise complied with this chapter.
Sec. 2308.353 [684.053]. REMOVAL UNDER GOVERNMENTAL
ENTITY'S AUTHORITY OF UNAUTHORIZED VEHICLE PARKED IN RIGHT-OF-WAY.
(a) A governmental entity that has jurisdiction over a public
roadway and that has posted one or more signs in the right-of-way
stating that parking is prohibited in the right-of-way may:
(1) remove or contract with a towing company to remove
an unauthorized vehicle parked in the right-of-way of the public
roadway; or
(2) grant written permission to an abutting parking
facility owner to:
(A) post one or more "No parking in R.O.W." signs
along a common property line of the facility and the roadway; and
(B) remove vehicles from the right-of-way of the
public roadway under this chapter.
(b) A sign under Subsection (a)(2) must:
(1) state that a vehicle parked in the right-of-way
may be towed at the expense of the owner or operator of the vehicle;
(2) be placed facing the public roadway:
(A) on the parking facility owner's property not
more than two feet from the common boundary line; and
(B) at intervals so that no point in the boundary
line is less than 25 feet from a sign posted under this subsection;
and
(3) in all other respects comply with Subchapter G
[C].
(c) After signs have been posted under Subsection (b), the
parking facility owner or a towing company may remove an
unauthorized vehicle from the right-of-way subject to the
governmental entity's written permission given under Subsection
(a)(2).
Sec. 2308.354 [684.054]. AUTHORITY FOR REMOVAL OF VEHICLE
FROM PUBLIC ROADWAY. (a) Under an ordinance of a municipality
regulating the parking of vehicles in the municipality, to aid in
the enforcement of the ordinance, an employee designated by the
municipality may be authorized to:
(1) immobilize a vehicle parked in the municipality;
and
(2) remove an immobilized vehicle from a public
roadway in the municipality.
(b) A parking facility owner or towing company may not
remove a vehicle from a public roadway except under:
(1) this chapter or a municipal ordinance that
complies with Section 2308.208 [684.101]; or
(2) the direction of a peace officer or the owner or
operator of the vehicle.
SECTION 2.06. Subchapter E, Chapter 684, Transportation
Code, is transferred to Chapter 2308, Occupations Code, and
redesignated as Subchapter I, Chapter 2308, Occupations Code, and
Sections 684.081 through 684.087, Transportation Code, are
renumbered as Sections 2308.401 through 2308.407, Occupations
Code, to read as follows:
SUBCHAPTER I [E]. REGULATION OF TOWING COMPANIES AND PARKING
FACILITY OWNERS
Sec. 2308.401 [684.081]. PARKING FACILITY OWNER PROHIBITED
FROM RECEIVING FINANCIAL GAIN FROM TOWING COMPANY. (a) A parking
facility owner may not directly or indirectly accept anything of
value from a towing company in connection with the removal of a
vehicle from a parking facility.
(b) A parking facility owner may not have a direct or
indirect monetary interest in a towing company that for
compensation removes unauthorized vehicles from a parking facility
in which the parking facility owner has an interest.
Sec. 2308.402 [684.082]. TOWING COMPANY PROHIBITED FROM
FINANCIAL INVOLVEMENT WITH PARKING FACILITY OWNER. (a) A towing
company may not directly or indirectly give anything of value to a
parking facility owner in connection with the removal of a vehicle
from a parking facility.
(b) A towing company may not have a direct or indirect
monetary interest in a parking facility from which the towing
company for compensation removes unauthorized vehicles.
Sec. 2308.403 [684.083]. LIMITATION ON LIABILITY OF PARKING
FACILITY OWNER FOR REMOVAL OR STORAGE OF UNAUTHORIZED VEHICLE. A
parking facility owner who causes the removal of an unauthorized
vehicle is not liable for damages arising from the removal or
storage of the vehicle if the vehicle:
(1) was removed in compliance with this chapter; and
(2) is:
(A) removed by a towing company insured against
liability for property damage incurred in towing a vehicle; and
(B) stored by a vehicle storage facility insured
against liability for property damage incurred in storing a
vehicle.
Sec. 2308.404 [684.084]. CIVIL LIABILITY OF TOWING COMPANY
OR PARKING FACILITY OWNER FOR VIOLATION OF CHAPTER. (a) A towing
company or parking facility owner who violates this chapter is
liable to the owner or operator of the vehicle that is the subject
of the violation for:
(1) damages arising from the removal or storage of the
vehicle; and
(2) towing or storage fees assessed in connection with
the vehicle's removal or storage.
(b) A vehicle's owner or operator is not required to prove
negligence of a parking facility owner or towing company to recover
under Subsection (a).
(c) A towing company or parking facility owner who
intentionally, knowingly, or recklessly violates this chapter is
liable to the owner or operator of the vehicle that is the subject
of the violation for $300 plus three times the amount of fees
assessed in the vehicle's removal, towing, or storage.
(d) In a suit brought under this chapter, the prevailing
party is entitled to recover reasonable attorney's fees.
Sec. 2308.405 [684.085]. VIOLATION OF CHAPTER; FINE. A
violation of this chapter is a misdemeanor punishable by a fine of
not less than $500 or more than $1,500.
Sec. 2308.406 [684.086]. VIOLATION OF CHAPTER; INJUNCTION.
A violation of this chapter may be enjoined under Subchapter E,
Chapter 17, Business & Commerce Code.
Sec. 2308.407 [684.087]. MINOR SIGN OR LETTERING HEIGHT
VARIATIONS. A minor variation of a required or minimum height of a
sign or lettering is not a violation of this chapter.
SECTION 2.07. Sections 685.002 through 685.010,
Transportation Code, are transferred to Chapter 2308, Occupations
Code, designated as Subchapter J, Chapter 2308, Occupations Code,
renumbered as Sections 2308.451 through 2308.459, Occupations
Code, and amended to read as follows:
SUBCHAPTER J. RIGHTS OF OWNERS AND OPERATORS OF STORED VEHICLES
Sec. 2308.451 [685.002]. PAYMENT OF COST OF REMOVAL AND
STORAGE OF VEHICLE. (a) If in a hearing held under this chapter the
court finds that a person or law enforcement agency authorized,
with probable cause, the removal and storage in a vehicle storage
facility of a vehicle, the person who requested the hearing shall
pay the costs of the removal and storage.
(b) If in a hearing held under this chapter the court does
not find that a person or law enforcement agency authorized, with
probable cause, the removal and storage in a vehicle storage
facility of a vehicle, the person or law enforcement agency that
authorized the removal shall:
(1) pay the costs of the removal and storage; or
(2) reimburse the owner or operator for the cost of the
removal and storage paid by the owner or operator.
Sec. 2308.452 [685.003]. RIGHT OF OWNER OR OPERATOR OF
VEHICLE TO HEARING. The owner or operator of a vehicle that has
been removed and placed in a vehicle storage facility without the
consent of the owner or operator of the vehicle is entitled to a
hearing on whether probable cause existed for the removal and
placement.
Sec. 2308.453 [685.004]. JURISDICTION. A hearing under
this chapter shall be in the justice court having jurisdiction in
the precinct in which the vehicle storage facility is located.
Sec. 2308.454 [685.005]. NOTICE TO VEHICLE OWNER OR
OPERATOR. (a) If before a hearing held under this chapter the
owner or operator of a vehicle pays the costs of the vehicle's
removal or storage, the towing company or vehicle storage facility
that received the payment shall at the time of payment give the
owner or operator written notice of the person's rights under this
chapter.
(b) The operator of a vehicle storage facility that sends a
notice under Subchapter D, Chapter 2303, [Occupations Code,] shall
include with that notice a notice of the person's rights under this
chapter.
Sec. 2308.455 [685.006]. CONTENTS OF NOTICE. The notice
under Section 2308.454 [685.005] must include:
(1) a statement of:
(A) the person's right to submit a request within
14 days for a court hearing to determine whether probable cause
existed to remove the vehicle;
(B) the information that a request for a hearing
must contain; and
(C) any filing fee for the hearing;
(2) the name, address, and telephone number of the
towing company that removed the vehicle;
(3) the name, address, and telephone number of the
vehicle storage facility in which the vehicle was placed;
(4) the name, address, and telephone number of the
person, property owner, or law enforcement agency that authorized
the removal of the vehicle; and
(5) the name, address, and telephone number of the
justice court having jurisdiction in the precinct in which the
vehicle storage facility is located.
Sec. 2308.456 [685.007]. REQUEST FOR HEARING. (a) Except
as provided by Subsection (c), a person entitled to a hearing under
this chapter must deliver a written request for the hearing to the
court before the 14th day after the date the vehicle was removed and
placed in the vehicle storage facility, excluding Saturdays,
Sundays, and legal holidays.
(b) A request for a hearing must contain:
(1) the name, address, and telephone number of the
owner or operator of the vehicle;
(2) the location from which the vehicle was removed;
(3) the date when the vehicle was removed;
(4) the name, address, and telephone number of the
person or law enforcement agency that authorized the removal;
(5) the name, address, and telephone number of the
vehicle storage facility in which the vehicle was placed;
(6) the name, address, and telephone number of the
towing company that removed the vehicle;
(7) a copy of any receipt or notification that the
owner or operator received from the towing company or the vehicle
storage facility; and
(8) if the vehicle was removed from a parking
facility:
(A) one or more photographs that show the
location and text of any sign posted at the facility restricting
parking of vehicles; or
(B) a statement that no sign restricting parking
was posted at the parking facility.
(c) If notice was not given under Section 2308.454
[685.005], the 14-day deadline for requesting a hearing under
Subsection (a) does not apply, and the owner or operator of the
vehicle may deliver a written request for a hearing at any time.
(d) A person who fails to deliver a request in accordance
with Subsection (a) waives the right to a hearing.
Sec. 2308.457 [685.008]. FILING FEE AUTHORIZED. The court
may charge a filing fee of $20 for a hearing under this chapter.
Sec. 2308.458 [685.009]. HEARING. (a) A hearing under this
chapter shall be held before the 14th [10th] working day after the
date the court receives the request for the hearing.
(b) The court shall notify the person who requested the
hearing, [and] the person or law enforcement agency that authorized
the removal of the vehicle, and the vehicle storage facility in
which the vehicle was placed of the date, time, and place of the
hearing in a manner provided by Rule 21a, Texas Rules of Civil
Procedure [by registered or certified mail]. The notice of the
hearing to the person or law enforcement agency that authorized the
removal of the vehicle shall include a copy of the request for
hearing.
(b-1) At a hearing under this section:
(1) the burden of proof is on the person who requested
the hearing; and
(2) hearsay evidence is admissible if it is considered
otherwise reliable by the justice of the peace.
(c) The issues in a hearing under this chapter are:
(1) whether probable cause existed for the removal and
placement of the vehicle;
(2) whether a towing charge imposed or collected in
connection with the removal or placement of the vehicle was greater
than the amount authorized by the political subdivision under
Section 2308.201 [643.201] or 2308.202 [643.203];
(3) whether a towing charge imposed or collected in
connection with the removal or placement of the vehicle was greater
than the amount authorized under Section 2308.203 [643.204] or
2308.204 [643.205]; or
(4) whether a towing charge imposed or collected in
connection with the removal or placement of the vehicle was greater
than the amount filed with the department under Section 2308.206
[643.207].
(d) The court shall make written findings of fact and a
conclusion of law.
(e) The court may award:
(1) court costs to the prevailing party;
(2) the reasonable cost of photographs submitted under
Section 2308.456(b)(8) [685.007(b)(8)] to a vehicle owner or
operator who is the prevailing party; [and]
(3) an amount equal to the amount that the towing
charge exceeded fees regulated by a political subdivision or
authorized by this code or by Chapter 2303; and
(4) reimbursement of fees paid for vehicle towing and
storage [, Occupations Code].
Sec. 2308.459 [685.010]. APPEAL. An appeal from a hearing
under this chapter is governed by the rules of procedure applicable
to civil cases in justice court, except that no appeal bond may be
required by the court.
SECTION 2.08. Subchapter J, Chapter 2308, Occupations Code,
as added by this Act, is amended by adding Section 2308.460 to read
as follows:
Sec. 2308.460. ENFORCEMENT OF AWARD. An award under this
chapter may be enforced by any means available for the enforcement
of a judgment for a debt.
SECTION 2.09. Chapter 2308, Occupations Code, is amended by
adding Subchapter K to read as follows:
SUBCHAPTER K. ENFORCEMENT
Sec. 2308.501. ADMINISTRATIVE PENALTY. (a) The commission
may impose an administrative penalty on a person under Subchapter
F, Chapter 51, regardless of whether the person holds a
registration, permit, or license under this chapter, if the person
violates:
(1) this chapter or a rule adopted under this chapter;
or
(2) a rule or order of the executive director or
commission.
(b) An administrative penalty may not be imposed unless the
person charged with a violation is provided the opportunity for a
hearing.
Sec. 2308.502. CEASE AND DESIST ORDER; INJUNCTION; CIVIL
PENALTY. (a) The executive director may issue a cease and desist
order as necessary to enforce this chapter if the executive
director determines that the action is necessary to prevent a
violation of this chapter and to protect public health and safety.
(b) The attorney general or executive director may
institute an action for an injunction or a civil penalty under this
chapter as provided by Section 51.352.
Sec. 2308.503. SANCTIONS. The department may impose
sanctions as provided by Section 51.353.
Sec. 2308.504. CRIMINAL PENALTY; LICENSING. (a) A person
commits an offense if the person:
(1) violates the permitting or licensing requirements
of this chapter;
(2) performs towing without a license to perform
towing in this state;
(3) employs an individual who does not hold the
appropriate license required by this chapter; or
(4) falsifies a certification or training.
(b) An offense under this section is a Class C misdemeanor.
SECTION 2.10. Section 643.253(d), Transportation Code, is
transferred to Subchapter K, Chapter 2308, Occupations Code,
renumbered as Section 2308.505, Occupations Code, and amended to
read as follows:
Sec. 2308.505. CRIMINAL PENALTY; TOWING. (a) [(d)] A
person commits an offense if the person:
(1) violates an ordinance, resolution, order, rule, or
regulation of a political subdivision adopted under Section
2308.201 [643.201] or 2308.202 [643.203], for which the political
subdivision does not prescribe the penalty;
(2) charges or collects a fee in a political
subdivision that regulates the operation of tow trucks under
Section 2308.201 [643.201] or 2308.202 [643.203] that is not
authorized or is greater than the authorized amount of the fee;
(3) charges or collects a fee greater than the amount
authorized under Section 2308.204 [643.205];
(4) charges or collects a fee in excess of the amount
filed with the department under Section 2308.206 [643.207];
(5) violates Section 2308.205 [643.206]; or
(6) violates a rule of the department applicable to a
tow truck and towing company.
(b) An offense under this section is a misdemeanor
punishable by a fine of not less than $200 or more than $1,000 per
violation.
ARTICLE 3. CONFORMING AMENDMENTS
SECTION 3.01. Article 18.23(e), Code of Criminal Procedure,
is amended to read as follows:
(e) Subchapter J, Chapter 2308, Occupations Code [Chapter
685, Transportation Code], does not apply to a motor vehicle
directed by a law enforcement agency to be towed and stored for an
evidentiary or examination purpose.
SECTION 3.02. Section 101.141(a), Government Code, is
amended to read as follows:
(a) A clerk of a justice court shall collect fees and costs
as follows:
(1) additional court cost in certain civil cases to
establish and maintain an alternative dispute resolution system, if
authorized by the commissioners court of a county with a population
of at least 2.5 million (Sec. 152.005, Civil Practice and Remedies
Code) . . . not to exceed $3;
(2) additional filing fees:
(A) to fund Dallas County civil court facilities
(Sec. 51.705, Government Code) . . . not more than $15; and
(B) for filing any civil action or proceeding
requiring a filing fee, including an appeal, and on the filing of
any counterclaim, cross-action, intervention, interpleader, or
third-party action requiring a filing fee, to fund civil legal
services for the indigent (Sec. 133.153, Local Government Code)
. . . $2;
(3) for filing a suit in Comal County (Sec. 152.0522,
Human Resources Code) . . . $1.50;
(4) fee for hearing on probable cause for removal of a
vehicle and placement in a storage facility if assessed by the court
(Sec. 2308.457, Occupations Code [685.008, Transportation Code])
. . . $20;
(5) court fees and costs, if ordered by the court, for
a suit filed by an inmate in which an affidavit or unsworn
declaration of inability to pay costs is filed by the inmate (Sec.
14.006, Civil Practice and Remedies Code) . . . the lesser of:
(A) 20 percent of the preceding six months'
deposits to the inmate's trust account administered by the Texas
Department of Criminal Justice under Section 501.014, Government
Code; or
(B) the total amount of court fees and costs;
(6) monthly payment for remaining court fees and costs
after the initial payment for a suit in which an affidavit or
unsworn declaration of inability to pay costs is filed by the inmate
(Sec. 14.006, Civil Practice and Remedies Code) . . . the lesser
of:
(A) 10 percent of that month's deposit to the
inmate's trust account administered by the Texas Department of
Criminal Justice under Section 501.014, Government Code; or
(B) the total amount of court fees and costs that
remain unpaid;
(7) the following costs not otherwise charged to the
inmate under Section 14.006, Civil Practice and Remedies Code, if
the inmate has previously filed an action dismissed as malicious or
frivolous (Sec. 14.007, Civil Practice and Remedies Code):
(A) expenses of service of process;
(B) postage; and
(C) transportation, housing, or medical care
incurred in connection with the appearance of the inmate in the
court for any proceeding; and
(8) the cost of a special program that a court may
order a child to attend after a finding that the child committed an
offense, if ordered by the court (Art. 45.057, Code of Criminal
Procedure) . . . costs of the program not to exceed $100.
SECTION 3.03. Section 101.161, Government Code, is amended
to read as follows:
Sec. 101.161. MUNICIPAL COURT FEES AND COSTS. The clerk of
a municipal court shall collect:
(1) a fee for a hearing on probable cause for removal
of a vehicle and placement in a storage facility if assessed by the
court (Sec. 2308.457, Occupations Code [685.008, Transportation
Code]) . . . $20; and
(2) the cost of a special program that a court may
order a child to attend after finding that the child committed an
offense, if ordered by the court (Art. 45.057, Code of Criminal
Procedure) . . . costs of the program not to exceed $100.
SECTION 3.04. Section 2303.155(f), Occupations Code, is
amended to read as follows:
(f) The operator of a vehicle storage facility or
governmental vehicle storage facility may not charge an additional
fee related to the storage of a vehicle other than a fee authorized
by this section or a towing fee authorized by Chapter 2308 [Chapter
643, Transportation Code].
SECTION 3.05. Section 504.508(c), Transportation Code, is
amended to read as follows:
(c) Proof of eligibility for license plates under this
section must include a copy of the permit [registration]
certificate issued by the Texas Department of Licensing and
Regulation [department] for the tow truck.
SECTION 3.06. Section 643.002, Transportation Code, is
amended to read as follows:
Sec. 643.002. EXEMPTIONS. This chapter does not apply to:
(1) a motor vehicle registered under the single state
registration system established under 49 U.S.C. Section 14504(c)
when operating exclusively in interstate or international
commerce;
(2) a motor vehicle registered as a cotton vehicle
under Section 502.277;
(3) a motor vehicle the department by rule exempts
because the vehicle is subject to comparable registration and a
comparable safety program administered by another governmental
entity;
(4) a motor vehicle used to transport passengers
operated by an entity whose primary function is not the
transportation of passengers, such as a vehicle operated by a
hotel, day-care center, public or private school, nursing home, or
similar organization;
(5) a vehicle operating under a private carrier permit
issued under Chapter 42, Alcoholic Beverage Code; [or]
(6) a vehicle operated by a governmental entity; or
(7) a tow truck, as defined by Section 2308.002,
Occupations Code.
SECTION 3.07. Section 643.051(a), Transportation Code, is
amended to read as follows:
(a) A motor carrier may not operate a commercial motor
vehicle, as defined by Section 548.001, [or a tow truck] on a road
or highway of this state unless the carrier registers with the
department under this subchapter.
SECTION 3.08. Section 643.053, Transportation Code, is
amended to read as follows:
Sec. 643.053. FILING OF APPLICATION. An application under
Section 643.052 must be filed with the department and accompanied
by:
(1) an application fee of $100 plus a $10 fee for each
vehicle requiring registration [other than a tow truck or a $25 fee
for each tow truck the motor carrier proposes to operate];
(2) evidence of insurance or financial responsibility
as required by Section 643.103(a); and
(3) any insurance filing fee required under Section
643.103(c).
SECTION 3.09. Sections 643.057(a) and (d), Transportation
Code, are amended to read as follows:
(a) A motor carrier may not operate an additional vehicle
requiring registration unless the carrier pays a registration fee
of $10 for each additional vehicle [other than a tow truck or $25
for each tow truck] and shows the department evidence of insurance
or financial responsibility for the vehicle in an amount at least
equal to the amount set by the department under Section 643.101.
(d) The department may not collect more than $10 in
equipment registration fees for a vehicle [other than a tow truck]
registered under both this subchapter and Chapter 645 [or more than
$25 if the vehicle is a tow truck].
SECTION 3.10. Section 643.058(c), Transportation Code, is
amended to read as follows:
(c) A motor carrier may renew a registration under this
subchapter by:
(1) supplementing the application with any new
information required under Section 643.056;
(2) paying a $10 fee for each vehicle requiring
registration [other than a tow truck or a fee of $25 for each tow
truck the carrier operates]; and
(3) providing the department evidence of continuing
insurance or financial responsibility in an amount at least equal
to the amount set by the department under Section 643.101.
SECTION 3.11. Section 643.061(b), Transportation Code, is
amended to read as follows:
(b) A motor carrier applying for registration under this
section must pay:
(1) a $20 fee for each vehicle registered [other than a
tow truck or a fee of $50 for each tow truck] under Subsection
(a)(1);
(2) a $10 fee for each vehicle registered [other than a
tow truck or a fee of $25 for each tow truck] under Subsection
(a)(2); and
(3) application and insurance filing fees the
department by rule adopts in an amount not to exceed $100 each.
SECTION 3.12. Section 643.253(e), Transportation Code, is
amended to read as follows:
(e) An offense under Subsection (b) [or (d)] is a
misdemeanor punishable by a fine of not less than $200 or more than
$1,000 per violation.
SECTION 3.13. Section 1(1), Chapter 528, Acts of the 76th
Legislature, Regular Session, 1999 (Article 178d-1, Vernon's Texas
Civil Statutes), is amended to read as follows:
(1) "Parking facility," "parking facility owner," and
"vehicle" have the meanings assigned by Section 2308.002,
Occupations Code [684.001, Transportation Code].
ARTICLE 4. TRANSITION AND EFFECTIVE DATE
SECTION 4.01. (a) The following provisions of the
Transportation Code are repealed:
(1) Section 643.001(7);
(2) Section 643.101(d);
(3) Section 643.202;
(4) Section 684.001;
(5) Section 685.001;
(6) the heading to Subchapter E, Chapter 643;
(7) the heading to Chapter 684;
(8) the headings to Subchapters A, B, and F, Chapter
684; and
(9) the heading to Chapter 685.
(b) Subchapters E and F, Chapter 2303, Occupations Code, are
repealed.
SECTION 4.02. As soon as practicable after the effective
date of this Act, the presiding officer of the Texas Commission of
Licensing and Regulation shall make the initial appointments to the
Towing and Storage Advisory Board. The presiding officer shall
appoint two members to terms expiring February 1, 2009, three
members to terms expiring February 1, 2011, and three members to
terms expiring February 1, 2013.
SECTION 4.03. (a) As soon as practicable after the
effective date of this Act, the Texas Department of Transportation
and the Texas Department of Licensing and Regulation shall develop
and enter into a memorandum of understanding regarding the transfer
described in this section that includes a transition plan for
transferring the functions performed by the Texas Transportation
Commission and the Texas Department of Transportation that relate
to tow trucks, towing operations, or vehicle storage facilities to
the Texas Department of Licensing and Regulation. The transition
plan must include a timetable with specific steps and deadlines
needed to complete the transfer, and may include provisions for the
extension of expiration dates for licenses.
(b) In accordance with the transition plan developed by the
Texas Department of Transportation and the Texas Department of
Licensing and Regulation under Subsection (a) of this section, on
January 1, 2008:
(1) all functions and activities performed by the
Texas Transportation Commission and the Texas Department of
Transportation relating to tow trucks, towing operations, or
vehicle storage facilities immediately before that date are
transferred to the Texas Department of Licensing and Regulation;
(2) a rule or form adopted by the Texas Transportation
Commission and the Texas Department of Transportation that relates
to tow trucks, towing operations, or vehicle storage facilities is
a rule or form of the Texas Commission of Licensing and Regulation
or the Texas Department of Licensing and Regulation, as applicable,
and remains in effect until amended or replaced by that commission
or department;
(3) a reference in law to or an administrative rule of
the Texas Transportation Commission and the Texas Department of
Transportation that relates to tow trucks, towing operations, or
vehicle storage facilities means the Texas Commission of Licensing
and Regulation or the Texas Department of Licensing and Regulation,
as applicable;
(4) a complaint, investigation, or other proceeding
before the Texas Transportation Commission or the Texas Department
of Transportation that is related to tow trucks, towing operations,
or vehicle storage facilities is transferred without change in
status to the Texas Department of Licensing and Regulation, and the
Texas Department of Licensing and Regulation assumes, as
appropriate and without a change in status, the position of the
Texas Transportation Commission and the Texas Department of
Transportation in an action or proceeding to which the Texas
Transportation Commission or the Texas Department of
Transportation is a party;
(5) all full-time equivalent employee positions at the
Texas Department of Transportation that primarily concern the
administration of tow trucks, towing operations, or vehicle storage
facilities become positions at the Texas Department of Licensing
and Regulation, and when filling the positions, the Texas
Department of Licensing and Regulation shall give first
consideration to an applicant who, as of December 31, 2007, was a
full-time employee at the Texas Department of Transportation
primarily involved in administering tow trucks, towing operations,
or vehicle storage facilities;
(6) all money, contracts, leases, property, and
obligations of the Texas Department of Transportation related to
the regulation of tow trucks, towing operations, or vehicle storage
facilities are transferred to the Texas Department of Licensing and
Regulation;
(7) all property in the custody of the Texas
Department of Transportation related to tow trucks, towing
operations, or vehicle storage facilities is transferred to the
Texas Department of Licensing and Regulation; and
(8) the unexpended and unobligated balance of any
money appropriated by the legislature for the Texas Transportation
Commission and the Texas Department of Transportation related to
tow trucks, towing operations, or vehicle storage facilities is
transferred to the Texas Department of Licensing and Regulation.
(c) Before January 1, 2008, the Texas Department of
Transportation may agree with the Texas Department of Licensing and
Regulation to transfer any property of the Texas Department of
Transportation to the Texas Department of Licensing and Regulation
to implement the transfer required by this Act.
(d) In the period beginning with the effective date of this
Act and ending on December 31, 2007, the Texas Transportation
Commission and the Texas Department of Transportation shall
continue to perform functions and activities under Chapter 2303,
Occupations Code, and those portions of Chapters 643 and 684,
Transportation Code, that relate to tow trucks, towing operations,
or vehicle storage facilities, as if those laws were not amended by
this Act, and the former law is continued in effect for that
purpose.
SECTION 4.04. Not later than April 1, 2008, the Texas
Commission of Licensing and Regulation shall adopt rules relating
to an original application for a permit or license under Chapter
2303, Occupations Code, as amended by this Act, and Chapter 2308,
Occupations Code, as added by this Act.
SECTION 4.05. (a) Except as provided by Subsection (b) of
this section, this Act takes effect September 1, 2007.
(b) Section 2308.504, Occupations Code, as added by this
Act, and Subchapters C and D, Chapter 2308, Occupations Code, as
added by this Act, take effect September 1, 2008.