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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of the towing of vehicles. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2308.102, Occupations Code, is amended |
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by amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) Except as provided by Subsection (c), the [The] |
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department may conduct an examination of any criminal conviction of |
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an applicant, including by obtaining any criminal history record |
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information permitted by law. |
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(c) Subsection (b) does not apply to an application for a |
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permit submitted by: |
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(1) a private towing company that does not offer |
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towing services for hire; or |
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(2) a towing company that: |
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(A) conducts at least 50 percent of its business |
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in counties with populations of less than 50,000; and |
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(B) has its primary office located in a county |
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with a population of less than 50,000. |
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SECTION 2. Section 2308.103, Occupations Code, is amended |
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by amending Subsection (b) and adding Subsection (e) to read as |
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follows: |
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(b) To be eligible for an incident management towing permit, |
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an applicant must submit evidence that: |
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(1) the tow truck is equipped to tow light-duty or |
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heavy-duty vehicles according to the manufacturer's towing |
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guidelines; |
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(2) the applicant has at least $500,000 of liability |
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insurance for the tow truck; and |
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(3) except as provided by Subsection (e), the |
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applicant has at least $50,000 of cargo insurance for the tow truck. |
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(e) Subsection (b)(3) does not apply to an application for a |
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permit submitted by a towing company described by Section |
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2308.102(c)(2). |
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SECTION 3. Section 2308.104, Occupations Code, is amended |
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by amending Subsection (b) and adding Subsection (e) to read as |
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follows: |
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(b) To be eligible for a private property towing permit, an |
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applicant must submit evidence that: |
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(1) the tow truck is equipped to tow light-duty or |
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heavy-duty vehicles according to the manufacturer's towing |
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guidelines; |
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(2) the applicant has at least $300,000 of liability |
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insurance for the tow truck; and |
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(3) except as provided by Subsection (e), the |
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applicant has at least $50,000 of cargo insurance for the tow truck. |
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(e) Subsection (b)(3) does not apply to an application for a |
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permit submitted by a towing company described by Section |
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2308.102(c)(2). |
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SECTION 4. Section 2308.153, Occupations Code, is amended |
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by amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) An applicant for an incident management towing |
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operator's license must: |
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(1) be a licensed Texas driver; and |
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(2) except as provided by Subsection (c), be certified |
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by the National Drivers Certification Program of the Towing and |
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Recovery Association of America or another certification program |
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approved by the department. |
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(c) Subsection (b)(2) does not apply to an application for |
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an incident management towing operator's license if the applicant |
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will operate a tow truck permitted to a towing company described by |
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Section 2308.102(c)(2). |
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SECTION 5. Section 2308.154, Occupations Code, is amended |
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by amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) An applicant for a private property towing operator's |
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license must: |
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(1) be a licensed Texas driver; and |
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(2) except as provided by Subsection (c), be certified |
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by the National Drivers Certification Program of the Towing and |
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Recovery Association of America or another certification program |
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approved by the department. |
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(c) Subsection (b)(2) does not apply to an application for a |
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private property towing operator's license if the applicant will |
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operate a tow truck permitted to a towing company described by |
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Section 2308.102(c)(2). |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |