Texas 2009 - 81st Regular

Texas Senate Bill SB702 Compare Versions

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1	1	S.B. No. 702
2	2
3	3
4	4	AN ACT
5	5	relating to the regulation of the towing and storage of vehicles.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Subchapter C, Chapter 2303, Occupations Code, is
8	8	amended by adding Section 2303.1016 to read as follows:
9	9	Sec. 2303.1016. VEHICLE STORAGE FACILITY EMPLOYEE AND
10	10	TOWING OPERATOR; DUAL LICENSE. (a) The commission shall adopt
11	11	rules for the issuance of a dual license for a person who is a
12	12	vehicle storage facility employee and towing operator. The
13	13	department shall issue the license to an applicant who:
14	14	(1) meets the requirements established under:
15	15	(A) Section 2303.1015;
16	16	(B) Section 2308.153, 2308.154, or 2308.155; and
17	17	(C) any applicable rules adopted under this
18	18	subchapter or Subchapter D, Chapter 2308; and
19	19	(2) submits to the department:
20	20	(A) an application on a department-approved
21	21	form; and
22	22	(B) the required license fee.
23	23	(b) A person holding a license issued under this section
24	24	may:
25	25	(1) work at a vehicle storage facility; and
26	26	(2) perform towing operations.
27	27	SECTION 2. Subchapter D, Chapter 2303, Occupations Code, is
28	28	amended by adding Sections 2303.1511 and 2303.1551 to read as
29	29	follows:
30	30	Sec. 2303.1511. VEHICLE STORAGE FACILITY'S DUTY TO REPORT
31	31	AFTER ACCEPTING UNAUTHORIZED VEHICLE. (a) A vehicle storage
32	32	facility accepting a vehicle that is towed under this chapter
33	33	shall, within two hours after receiving the vehicle, report to the
34	34	local law enforcement agency with jurisdiction over the area from
35	35	which the vehicle was towed:
36	36	(1) a general description of the vehicle;
37	37	(2) the state and number of the vehicle's license
38	38	plate, if any;
39	39	(3) the vehicle identification number of the vehicle,
40	40	if it can be ascertained;
41	41	(4) the location from which the vehicle was towed; and
42	42	(5) the name and location of the vehicle storage
43	43	facility where the vehicle is being stored.
44	44	(b) The report required by this section must be made by
45	45	telephone or electronically or delivered personally or by
46	46	facsimile.
47	47	Sec. 2303.1551. REQUIRED POSTING. (a) All storage fees
48	48	shall be posted at the licensed vehicle storage facility to which
49	49	the motor vehicle has been delivered and shall be posted in view of
50	50	the person who claims the vehicle.
51	51	(b) A vehicle storage facility accepting a nonconsent towed
52	52	vehicle shall post a sign in one inch letters stating "Nonconsent
53	53	tow fees schedules available on request." The vehicle storage
54	54	facility shall provide a copy of a nonconsent towing fees schedule
55	55	on request.
56	56	SECTION 3. Subdivision (11), Section 2308.002, Occupations
57	57	Code, is amended to read as follows:
58	58	(11) "Tow truck" means a motor vehicle, including a
59	59	wrecker, equipped with a mechanical device used to tow, winch, or
60	60	otherwise move another motor vehicle. The term does not include:
61	61	(A) a motor vehicle owned and operated by a
62	62	governmental entity, including a public school district;
63	63	(B) a motor vehicle towing:
64	64	(i) a race car;
65	65	(ii) a motor vehicle for exhibition; or
66	66	(iii) an antique motor vehicle;
67	67	(C) a recreational vehicle towing another
68	68	vehicle;
69	69	(D) a motor vehicle used in combination with a
70	70	tow bar, tow dolly, or other mechanical device if the vehicle is not
71	71	operated in the furtherance of a commercial enterprise;
72	72	(E) a motor vehicle that is controlled or
73	73	operated by a farmer or rancher and used for towing a farm vehicle;
74	74	or
75	75	(F) a motor vehicle that:
76	76	(i) is owned or operated by an entity the
77	77	primary business of which is the rental of motor vehicles; and
78	78	(ii) only tows vehicles rented by the
79	79	entity.
80	80	SECTION 4. Subchapter D, Chapter 2308, Occupations Code, is
81	81	amended by adding Section 2308.1521 to read as follows:
82	82	Sec. 2308.1521. VEHICLE STORAGE FACILITY EMPLOYEE AND
83	83	TOWING OPERATOR; DUAL LICENSE. (a) The commission shall adopt
84	84	rules for the issuance of a dual license for a person who is a
85	85	vehicle storage facility employee and towing operator. The
86	86	department shall issue the license to an applicant who:
87	87	(1) meets the requirements established under:
88	88	(A) Section 2308.153, 2308.154, or 2308.155;
89	89	(B) Section 2303.1015; and
90	90	(C) any applicable rules adopted under this
91	91	subchapter or Subchapter C, Chapter 2303; and
92	92	(2) submits to the department:
93	93	(A) an application on a department-approved
94	94	form; and
95	95	(B) the required license fee.
96	96	(b) A person holding a license issued under this section
97	97	may:
98	98	(1) work at a vehicle storage facility; and
99	99	(2) perform towing operations.
100	100	(c) The fee for a license issued under this section may not
101	101	be:
102	102	(1) less than the fee for a license issued under this
103	103	subchapter or Section 2303.1015; or
104	104	(2) more than the sum of the fees for a license issued
105	105	under this subchapter and a license issued under Section 2303.1015.
106	106	SECTION 5. Subsection (b), Section 2308.153, Occupations
107	107	Code, is amended to read as follows:
108	108	(b) An applicant for an incident management towing
109	109	operator's license must:
110	110	(1) hold a valid driver's license issued by a state in
111	111	the United States [be a licensed Texas driver]; and
112	112	(2) be certified by a [the National Drivers
113	113	Certification Program of the Towing and Recovery Association of
114	114	America or another certification] program approved by the
115	115	department.
116	116	SECTION 6. Subsection (b), Section 2308.154, Occupations
117	117	Code, is amended to read as follows:
118	118	(b) An applicant for a private property towing operator's
119	119	license must:
120	120	(1) hold a valid driver's license issued by a state in
121	121	the United States [be a licensed Texas driver]; and
122	122	(2) be certified by a [the National Drivers
123	123	Certification Program of the Towing and Recovery Association of
124	124	America or another certification] program approved by the
125	125	department.
126	126	SECTION 7. Subsection (b), Section 2308.155, Occupations
127	127	Code, is amended to read as follows:
128	128	(b) An applicant for a consent towing operator's license
129	129	must hold a valid driver's license issued by a state in the United
130	130	States [be a licensed Texas driver].
131	131	SECTION 8. Subchapter D, Chapter 2308, Occupations Code, is
132	132	amended by adding Section 2308.1551 to read as follows:
133	133	Sec. 2308.1551. TRAINING LICENSE. (a) The department may
134	134	issue a training license to an applicant for a license under this
135	135	subchapter if the applicant:
136	136	(1) holds a valid driver's license issued by a state in
137	137	the United States;
138	138	(2) meets the qualifications established by rule by
139	139	the commission; and
140	140	(3) is engaged in the process of learning and
141	141	assisting in the operation of a tow truck under the supervision of a
142	142	licensed tow truck operator.
143	143	(b) Notwithstanding Subsection (a), an applicant for a
144	144	license under Section 2308.153 may be supervised by an operator who
145	145	holds a license issued under Section 2308.153, 2308.154, or
146	146	2308.155.
147	147	(c) A training license issued under this section expires on
148	148	the 91st day after the date of issuance and may not be renewed.
149	149	(d) The commission by rule shall set the fee, establish the
150	150	qualifications, and provide for the issuance of a training license
151	151	under this section.
152	152	SECTION 9. Subsection (c), Section 2308.157, Occupations
153	153	Code, is amended to read as follows:
154	154	(c) To renew an incident management towing operator's
155	155	license the first time, a license holder must complete a
156	156	professional development course relating to incident management
157	157	towing that is [licensed or certified by the National Safety
158	158	Council or another course] approved and administered by the
159	159	department under this section.
160	160	SECTION 10. Section 2308.158, Occupations Code, is amended
161	161	to read as follows:
162	162	Sec. 2308.158. ALCOHOL AND DRUG TESTING OF TOWING
163	163	OPERATORS. (a) A towing company shall establish an alcohol and
164	164	[a] drug testing policy for towing operators. A towing company that
165	165	establishes an alcohol and [a] drug testing policy under this
166	166	subsection may adopt the model alcohol and drug testing policy
167	167	adopted by the commission or may use another alcohol and drug
168	168	testing policy that the department determines is at least as
169	169	stringent as the policy adopted by the commission.
170	170	(b) The commission by rule shall adopt a model alcohol and
171	171	drug testing policy for use by a towing company. The model alcohol
172	172	and drug testing policy must be designed to ensure the safety of the
173	173	public through appropriate alcohol and drug testing and to protect
174	174	the rights of employees. The model alcohol and drug testing policy
175	175	must:
176	176	(1) require at least one scheduled drug test each year
177	177	for each towing operator; and
178	178	(2) authorize random, unannounced alcohol and drug
179	179	testing for towing operators.
180	180	SECTION 11. Subsection (a), Section 2308.251, Occupations
181	181	Code, is amended to read as follows:
182	182	(a) The owner or operator of a vehicle may not leave
183	183	unattended on a parking facility a vehicle that:
184	184	(1) is in or obstructs a vehicular traffic aisle,
185	185	entry, or exit of the parking facility;
186	186	(2) prevents a vehicle from exiting a parking space in
187	187	the facility;
188	188	(3) is in or obstructs a fire lane marked according to
189	189	Subsection (c); [or]
190	190	(4) does not display the special license plates issued
191	191	under Section 504.201, Transportation Code, or the disabled parking
192	192	placard issued under Chapter 681, Transportation Code, for a
193	193	vehicle transporting a disabled person and is in a parking space
194	194	that is designated for the exclusive use of a vehicle transporting a
195	195	disabled person; or
196	196	(5) is leaking a fluid that presents a hazard or threat
197	197	to persons or property.
198	198	SECTION 12. Subchapter F, Chapter 2308, Occupations Code,
199	199	is amended by adding Section 2308.257 to read as follows:
200	200	Sec. 2308.257. REMOVAL OF CERTAIN UNAUTHORIZED VEHICLES IN
201	201	RURAL AREAS. (a) This section applies only to an abandoned
202	202	vehicle that has damaged a fence on private property in a rural
203	203	area.
204	204	(b) A law enforcement agency directing a towing company or
205	205	tow operator to remove an abandoned vehicle that is located on
206	206	private property shall provide the towing company or tow operator
207	207	with the name and telephone number of the property owner or the
208	208	owner's agent if the owner or agent has provided the information to
209	209	the law enforcement agency.
210	210	(c) A towing company or tow operator provided with
211	211	information under Subsection (b) shall contact the property owner
212	212	or the owner's agent before entering private property to tow a
213	213	vehicle described by Subsection (a).
214	214	SECTION 13. Sections 2308.207 and 2308.256, Occupations
215	215	Code, are repealed.
216	216	SECTION 14. (a) The changes in law made by this Act to
217	217	Sections 2308.153, 2308.154, and 2308.155, Occupations Code, apply
218	218	only to a license application filed on or after the effective date
219	219	of this Act. A license application filed before the effective date
220	220	of this Act is governed by the law in effect when the license
221	221	application was filed, and the former law is continued in effect for
222	222	that purpose.
223	223	(b) Not later than April 1, 2010, the Texas Commission of
224	224	Licensing and Regulation shall adopt the model alcohol and drug
225	225	testing policy required by Section 2308.158, Occupations Code, as
226	226	amended by this Act.
227	227	(c) A towing company is not required to comply with the
228	228	alcohol and drug testing policy required by Section 2308.158,
229	229	Occupations Code, as amended by this Act, until January 1, 2010.
230	230	(d) Not later than April 1, 2010, the Texas Commission of
231	231	Licensing and Regulation shall adopt rules as necessary to
232	232	implement Sections 2303.1016, 2308.1521, and 2308.1551,
233	233	Occupations Code, as added by this Act.
234	234	SECTION 15. (a) Except as provided by Subsection (b) of
235	235	this section, this Act takes effect September 1, 2009.
236	236	(b) Sections 2303.1016, 2308.1521, and 2308.1551,
237	237	Occupations Code, as added by this Act, take effect June 1, 2010.
238	238	______________________________ ______________________________
239	239	President of the Senate Speaker of the House
240	240	I hereby certify that S.B. No. 702 passed the Senate on
241	241	April 2, 2009, by the following vote: Yeas 31, Nays 0; and that
242	242	the Senate concurred in House amendments on May 29, 2009, by the
243	243	following vote: Yeas 31, Nays 0.
244	244	______________________________
245	245	Secretary of the Senate
246	246	I hereby certify that S.B. No. 702 passed the House, with
247	247	amendments, on May 19, 2009, by the following vote: Yeas 145,
248	248	Nays 0, one present not voting.
249	249	______________________________
250	250	Chief Clerk of the House
251	251	Approved:
252	252	______________________________
253	253	Date
254	254	______________________________
255	255	Governor