81R4544 JAM-F
By: Jackson H.B. No. 1746
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of the towing and storage of vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2303.1015(a), Occupations Code, is
amended to read as follows:
(a) A person may not work at a vehicle storage facility
unless the person holds a license issued under this chapter or
Chapter 2308.
SECTION 2. Section 2308.153(b), Occupations Code, is
amended to read as follows:
(b) An applicant for an incident management towing
operator's license must:
(1) hold a valid driver's license issued by a state in
the United States [be a licensed Texas driver]; and
(2) be certified by a [the National Drivers
Certification Program of the Towing and Recovery Association of
America or another certification] program approved by the
department.
SECTION 3. Section 2308.154(b), Occupations Code, is
amended to read as follows:
(b) An applicant for a private property towing operator's
license must:
(1) hold a valid driver's license issued by a state in
the United States [be a licensed Texas driver]; and
(2) be certified by a [the National Drivers
Certification Program of the Towing and Recovery Association of
America or another certification] program approved by the
department.
SECTION 4. Section 2308.155(b), Occupations Code, is
amended to read as follows:
(b) An applicant for a consent towing operator's license
must hold a valid driver's license issued by a state in the United
States [be a licensed Texas driver].
SECTION 5. Subchapter D, Chapter 2308, Occupations Code, is
amended by adding Section 2308.1551 to read as follows:
Sec. 2308.1551. TEMPORARY TRAINING LICENSE. (a) The
department may issue a temporary training license to an applicant
for a license under this subchapter if the applicant:
(1) holds a valid driver's license issued by a state in
the United States;
(2) meets the qualifications established by rule by
the commission; and
(3) is engaged in the process of learning and
assisting in the operation of a tow truck under the supervision of a
tow truck operator who holds the same type of license that the
applicant is seeking.
(b) Notwithstanding Subsection (a), an applicant for a
license under Section 2308.153 may be supervised by an operator who
holds a license issued under Section 2308.153, 2308.154, or
2308.155.
(c) A temporary training license issued under this section
expires on the 91st day after the date of issuance.
(d) The commission by rule shall set the fee, establish the
qualifications, and provide for the issuance of a temporary
training license under this section.
SECTION 6. Section 2308.158, Occupations Code, is amended
to read as follows:
Sec. 2308.158. ALCOHOL AND DRUG TESTING OF TOWING
OPERATORS. (a) A towing company shall establish an alcohol and [a]
drug testing policy for towing operators. A towing company that
establishes an alcohol and [a] drug testing policy under this
subsection may adopt the model alcohol and drug testing policy
adopted by the commission or may use another alcohol and 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 alcohol and
drug testing policy for use by a towing company. The model alcohol
and drug testing policy must be designed to ensure the safety of the
public through appropriate alcohol and drug testing and to protect
the rights of employees. The model alcohol and drug testing policy
must:
(1) require at least one scheduled alcohol and drug
test each year for each towing operator; and
(2) authorize random, unannounced alcohol and drug
testing for towing operators.
SECTION 7. (a) The changes in law made by this Act to
Sections 2308.153, 2308.154, and 2308.155, Occupations Code, apply
only to a license application filed on or after the effective date
of this Act. A license application filed before the effective date
of this Act is governed by the law in effect when the license
application was filed, and the former law is continued in effect for
that purpose.
(b) Not later than November 30, 2009, the Texas Commission
of Licensing and Regulation shall adopt the model alcohol and drug
testing policy required by Section 2308.158, Occupations Code, as
amended by this Act.
(c) A towing company is not required to comply with the
alcohol and drug testing policy required by Section 2308.158,
Occupations Code, as amended by this Act, until January 1, 2010.
SECTION 8. This Act takes effect September 1, 2009.