Texas 2009 - 81st Regular

Texas House Bill HB382 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R2236 JAM-D
2	2	By: Heflin H.B. No. 382
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of the towing of vehicles.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 2308.102, Occupations Code, is amended
10	10	by amending Subsection (b) and adding Subsection (c) to read as
11	11	follows:
12	12	(b) Except as provided by Subsection (c), the [The]
13	13	department may conduct an examination of any criminal conviction of
14	14	an applicant, including by obtaining any criminal history record
15	15	information permitted by law.
16	16	(c) Subsection (b) does not apply to an application for a
17	17	permit submitted by:
18	18	(1) a private towing company that does not offer
19	19	towing services for hire; or
20	20	(2) a towing company that:
21	21	(A) conducts at least 50 percent of its business
22	22	in counties with populations of less than 50,000; and
23	23	(B) has its primary office located in a county
24	24	with a population of less than 50,000.
25	25	SECTION 2. Section 2308.103, Occupations Code, is amended
26	26	by amending Subsection (b) and adding Subsection (e) to read as
27	27	follows:
28	28	(b) To be eligible for an incident management towing permit,
29	29	an applicant must submit evidence that:
30	30	(1) the tow truck is equipped to tow light-duty or
31	31	heavy-duty vehicles according to the manufacturer's towing
32	32	guidelines;
33	33	(2) the applicant has at least $500,000 of liability
34	34	insurance for the tow truck; and
35	35	(3) except as provided by Subsection (e), the
36	36	applicant has at least $50,000 of cargo insurance for the tow truck.
37	37	(e) Subsection (b)(3) does not apply to an application for a
38	38	permit submitted by a towing company described by Section
39	39	2308.102(c)(2).
40	40	SECTION 3. Section 2308.104, Occupations Code, is amended
41	41	by amending Subsection (b) and adding Subsection (e) to read as
42	42	follows:
43	43	(b) To be eligible for a private property towing permit, an
44	44	applicant must submit evidence that:
45	45	(1) the tow truck is equipped to tow light-duty or
46	46	heavy-duty vehicles according to the manufacturer's towing
47	47	guidelines;
48	48	(2) the applicant has at least $300,000 of liability
49	49	insurance for the tow truck; and
50	50	(3) except as provided by Subsection (e), the
51	51	applicant has at least $50,000 of cargo insurance for the tow truck.
52	52	(e) Subsection (b)(3) does not apply to an application for a
53	53	permit submitted by a towing company described by Section
54	54	2308.102(c)(2).
55	55	SECTION 4. Section 2308.153, Occupations Code, is amended
56	56	by amending Subsection (b) and adding Subsection (c) to read as
57	57	follows:
58	58	(b) An applicant for an incident management towing
59	59	operator's license must:
60	60	(1) be a licensed Texas driver; and
61	61	(2) except as provided by Subsection (c), be certified
62	62	by the National Drivers Certification Program of the Towing and
63	63	Recovery Association of America or another certification program
64	64	approved by the department.
65	65	(c) Subsection (b)(2) does not apply to an application for
66	66	an incident management towing operator's license if the applicant
67	67	will operate a tow truck permitted to a towing company described by
68	68	Section 2308.102(c)(2).
69	69	SECTION 5. Section 2308.154, Occupations Code, is amended
70	70	by amending Subsection (b) and adding Subsection (c) to read as
71	71	follows:
72	72	(b) An applicant for a private property towing operator's
73	73	license must:
74	74	(1) be a licensed Texas driver; and
75	75	(2) except as provided by Subsection (c), be certified
76	76	by the National Drivers Certification Program of the Towing and
77	77	Recovery Association of America or another certification program
78	78	approved by the department.
79	79	(c) Subsection (b)(2) does not apply to an application for a
80	80	private property towing operator's license if the applicant will
81	81	operate a tow truck permitted to a towing company described by
82	82	Section 2308.102(c)(2).
83	83	SECTION 6. This Act takes effect immediately if it receives
84	84	a vote of two-thirds of all the members elected to each house, as
85	85	provided by Section 39, Article III, Texas Constitution. If this
86	86	Act does not receive the vote necessary for immediate effect, this
87	87	Act takes effect September 1, 2009.