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A BILL TO BE ENTITLED
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AN ACT
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relating to the exemption of certain vehicles from towing |
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regulations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2308.002(11), Occupations Code, is |
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amended to read as follows: |
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(11) "Tow truck" means a motor vehicle, including a |
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wrecker, equipped with a mechanical device used to tow, winch, or |
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otherwise move another motor vehicle. The term does not include: |
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(A) a motor vehicle owned and operated by a |
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governmental entity, including a public school district; |
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(B) a motor vehicle towing: |
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(i) a race car; |
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(ii) a motor vehicle for exhibition; or |
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(iii) an antique motor vehicle; |
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(C) a recreational vehicle towing another |
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vehicle; |
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(D) a motor vehicle used in combination with a |
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tow bar, tow dolly, or other mechanical device if the vehicle is not |
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operated in the furtherance of a commercial enterprise; |
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(E) a motor vehicle that is controlled or |
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operated by a farmer or rancher and used for towing a farm vehicle; |
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[or] |
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(F) a motor vehicle that: |
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(i) is owned or operated by an entity the |
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primary business of which is the rental of motor vehicles; and |
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(ii) only tows vehicles rented by the |
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entity; |
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(G) a motor vehicle that is owned or operated by a |
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person licensed under Chapter 2301 and used to transport vehicles |
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during the normal course of a transaction in which the person is a |
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party and ownership or the right of possession of the transported |
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vehicle is conveyed or transferred; or |
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(H) a truck-tractor as defined by Section |
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621.001(8)(B), Transportation Code, that is used solely to |
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transport, other than in a nonconsent tow, motor vehicles as cargo |
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in the course of a prearranged shipping transaction or for use in |
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mining, drilling, or construction operations. |
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SECTION 2. 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, 2015. |