81R2236 JAM-D
By: Heflin H.B. No. 382
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of the towing of vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2308.102, Occupations Code, is amended
by amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) Except as provided by Subsection (c), the [The]
department may conduct an examination of any criminal conviction of
an applicant, including by obtaining any criminal history record
information permitted by law.
(c) Subsection (b) does not apply to an application for a
permit submitted by:
(1) a private towing company that does not offer
towing services for hire; or
(2) a towing company that:
(A) conducts at least 50 percent of its business
in counties with populations of less than 50,000; and
(B) has its primary office located in a county
with a population of less than 50,000.
SECTION 2. Section 2308.103, Occupations Code, is amended
by amending Subsection (b) and adding Subsection (e) to read as
follows:
(b) To be eligible for an incident management towing permit,
an applicant must submit evidence that:
(1) the tow truck is equipped to tow light-duty or
heavy-duty vehicles according to the manufacturer's towing
guidelines;
(2) the applicant has at least $500,000 of liability
insurance for the tow truck; and
(3) except as provided by Subsection (e), the
applicant has at least $50,000 of cargo insurance for the tow truck.
(e) Subsection (b)(3) does not apply to an application for a
permit submitted by a towing company described by Section
2308.102(c)(2).
SECTION 3. Section 2308.104, Occupations Code, is amended
by amending Subsection (b) and adding Subsection (e) to read as
follows:
(b) To be eligible for a private property towing permit, an
applicant must submit evidence that:
(1) the tow truck is equipped to tow light-duty or
heavy-duty vehicles according to the manufacturer's towing
guidelines;
(2) the applicant has at least $300,000 of liability
insurance for the tow truck; and
(3) except as provided by Subsection (e), the
applicant has at least $50,000 of cargo insurance for the tow truck.
(e) Subsection (b)(3) does not apply to an application for a
permit submitted by a towing company described by Section
2308.102(c)(2).
SECTION 4. Section 2308.153, Occupations Code, is amended
by amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) An applicant for an incident management towing
operator's license must:
(1) be a licensed Texas driver; and
(2) except as provided by Subsection (c), be certified
by the National Drivers Certification Program of the Towing and
Recovery Association of America or another certification program
approved by the department.
(c) Subsection (b)(2) does not apply to an application for
an incident management towing operator's license if the applicant
will operate a tow truck permitted to a towing company described by
Section 2308.102(c)(2).
SECTION 5. Section 2308.154, Occupations Code, is amended
by amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) An applicant for a private property towing operator's
license must:
(1) be a licensed Texas driver; and
(2) except as provided by Subsection (c), be certified
by the National Drivers Certification Program of the Towing and
Recovery Association of America or another certification program
approved by the department.
(c) Subsection (b)(2) does not apply to an application for a
private property towing operator's license if the applicant will
operate a tow truck permitted to a towing company described by
Section 2308.102(c)(2).
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.