2021S0039-2 02/23/21
 
  By: Goldman H.B. No. 3758
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the exemption of certain vehicles from vehicle towing
  regulations.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2308.002(11), Occupations Code, is
  amended to read as follows:
               (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.  The term does not include:
                     (A)  a motor vehicle owned and operated by a
  governmental entity, including a public school district;
                     (B)  a motor vehicle towing:
                           (i)  a race car;
                           (ii)  a motor vehicle for exhibition; or
                           (iii)  an antique motor vehicle;
                     (C)  a recreational vehicle towing another
  vehicle;
                     (D)  a motor vehicle used in combination with a
  tow bar, tow dolly, or other mechanical device if the vehicle is not
  operated in the furtherance of a commercial enterprise;
                     (E)  a motor vehicle that is controlled or
  operated by a farmer or rancher and used for towing a farm vehicle;
                     (F)  a motor vehicle that:
                           (i)  is owned or operated by an entity the
  primary business of which is the rental of motor vehicles; and
                           (ii)  only tows vehicles rented by the
  entity;
                     (G)  a truck-trailer combination that is owned or
  operated by a dealer licensed under Chapter 2301 and used to
  transport new vehicles during the normal course of a documented
  transaction in which the dealer is a party and ownership or the
  right of possession of the transported vehicle is conveyed or
  transferred; or
                     (H)  a car hauler that is used solely to
  transport, other than in a consent or nonconsent tow, motor
  vehicles as cargo:
                           (i)  in the course of a prearranged shipping
  transaction; 
                           (ii)  in the course of a commercial
  transaction for transport arranged or authorized by one business
  for the shipping or delivery of a damaged vehicle to another
  business; or
                           (iii)  for use in mining, drilling, or
  construction operations.
         SECTION 2.  This Act takes effect September 1, 2021.