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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 and storage of vehicles. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2303.1015(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person may not work at a vehicle storage facility |
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unless the person holds a license issued under this chapter or |
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Chapter 2308. |
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SECTION 2. Section 2308.153(b), Occupations Code, is |
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amended to read as 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) hold a valid driver's license issued by a state in |
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the United States [be a licensed Texas driver]; and |
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(2) be certified by a [the National Drivers
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Certification Program of the Towing and Recovery Association of
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America or another certification] program approved by the |
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department. |
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SECTION 3. Section 2308.154(b), Occupations Code, is |
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amended to read as 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) hold a valid driver's license issued by a state in |
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the United States [be a licensed Texas driver]; and |
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(2) be certified by a [the National Drivers
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Certification Program of the Towing and Recovery Association of
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America or another certification] program approved by the |
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department. |
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SECTION 4. Section 2308.155(b), Occupations Code, is |
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amended to read as follows: |
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(b) An applicant for a consent towing operator's license |
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must hold a valid driver's license issued by a state in the United |
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States [be a licensed Texas driver]. |
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SECTION 5. Subchapter D, Chapter 2308, Occupations Code, is |
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amended by adding Section 2308.1551 to read as follows: |
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Sec. 2308.1551. TEMPORARY TRAINING LICENSE. (a) The |
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department may issue a temporary training license to an applicant |
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for a license under this subchapter if the applicant: |
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(1) holds a valid driver's license issued by a state in |
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the United States; |
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(2) meets the qualifications established by rule by |
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the commission; and |
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(3) is engaged in the process of learning and |
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assisting in the operation of a tow truck under the supervision of a |
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tow truck operator who holds the same type of license that the |
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applicant is seeking. |
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(b) Notwithstanding Subsection (a), an applicant for a |
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license under Section 2308.153 may be supervised by an operator who |
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holds a license issued under Section 2308.153, 2308.154, or |
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2308.155. |
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(c) A temporary training license issued under this section |
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expires on the 91st day after the date of issuance. |
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(d) The commission by rule shall set the fee, establish the |
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qualifications, and provide for the issuance of a temporary |
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training license under this section. |
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SECTION 6. Section 2308.158, Occupations Code, is amended |
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to read as follows: |
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Sec. 2308.158. ALCOHOL AND DRUG TESTING OF TOWING |
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OPERATORS. (a) A towing company shall establish an alcohol and [a] |
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drug testing policy for towing operators. A towing company that |
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establishes an alcohol and [a] drug testing policy under this |
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subsection may adopt the model alcohol and drug testing policy |
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adopted by the commission or may use another alcohol and drug |
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testing policy that the department determines is at least as |
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stringent as the policy adopted by the commission. |
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(b) The commission by rule shall adopt a model alcohol and |
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drug testing policy for use by a towing company. The model alcohol |
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and drug testing policy must be designed to ensure the safety of the |
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public through appropriate alcohol and drug testing and to protect |
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the rights of employees. The model alcohol and drug testing policy |
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must: |
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(1) require at least one scheduled alcohol and drug |
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test each year for each towing operator; and |
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(2) authorize random, unannounced alcohol and drug |
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testing for towing operators. |
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SECTION 7. (a) The changes in law made by this Act to |
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Sections 2308.153, 2308.154, and 2308.155, Occupations Code, apply |
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only to a license application filed on or after the effective date |
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of this Act. A license application filed before the effective date |
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of this Act is governed by the law in effect when the license |
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application was filed, and the former law is continued in effect for |
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that purpose. |
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(b) Not later than November 30, 2009, the Texas Commission |
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of Licensing and Regulation shall adopt the model alcohol and drug |
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testing policy required by Section 2308.158, Occupations Code, as |
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amended by this Act. |
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(c) A towing company is not required to comply with the |
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alcohol and drug testing policy required by Section 2308.158, |
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Occupations Code, as amended by this Act, until January 1, 2010. |
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SECTION 8. This Act takes effect September 1, 2009. |