S.B. No. 702
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. Subchapter C, Chapter 2303, Occupations Code, is
amended by adding Section 2303.1016 to read as follows:
Sec. 2303.1016. VEHICLE STORAGE FACILITY EMPLOYEE AND
TOWING OPERATOR; DUAL LICENSE. (a) The commission shall adopt
rules for the issuance of a dual license for a person who is a
vehicle storage facility employee and towing operator. The
department shall issue the license to an applicant who:
(1) meets the requirements established under:
(A) Section 2303.1015;
(B) Section 2308.153, 2308.154, or 2308.155; and
(C) any applicable rules adopted under this
subchapter or Subchapter D, Chapter 2308; and
(2) submits to the department:
(A) an application on a department-approved
form; and
(B) the required license fee.
(b) A person holding a license issued under this section
may:
(1) work at a vehicle storage facility; and
(2) perform towing operations.
SECTION 2. Subchapter D, Chapter 2303, Occupations Code, is
amended by adding Sections 2303.1511 and 2303.1551 to read as
follows:
Sec. 2303.1511. VEHICLE STORAGE FACILITY'S DUTY TO REPORT
AFTER ACCEPTING UNAUTHORIZED VEHICLE. (a) A vehicle storage
facility accepting a vehicle that is towed under this chapter
shall, within two hours after receiving the vehicle, report to the
local law enforcement agency with jurisdiction over the area from
which the vehicle was towed:
(1) a general description of the vehicle;
(2) the state and number of the vehicle's license
plate, if any;
(3) the vehicle identification number of the vehicle,
if it can be ascertained;
(4) the location from which the vehicle was towed; and
(5) the name and location of the vehicle storage
facility where the vehicle is being stored.
(b) The report required by this section must be made by
telephone or electronically or delivered personally or by
facsimile.
Sec. 2303.1551. REQUIRED POSTING. (a) All storage fees
shall be posted at the licensed vehicle storage facility to which
the motor vehicle has been delivered and shall be posted in view of
the person who claims the vehicle.
(b) A vehicle storage facility accepting a nonconsent towed
vehicle shall post a sign in one inch letters stating "Nonconsent
tow fees schedules available on request." The vehicle storage
facility shall provide a copy of a nonconsent towing fees schedule
on request.
SECTION 3. Subdivision (11), Section 2308.002, 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;
or
(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.
SECTION 4. Subchapter D, Chapter 2308, Occupations Code, is
amended by adding Section 2308.1521 to read as follows:
Sec. 2308.1521. VEHICLE STORAGE FACILITY EMPLOYEE AND
TOWING OPERATOR; DUAL LICENSE. (a) The commission shall adopt
rules for the issuance of a dual license for a person who is a
vehicle storage facility employee and towing operator. The
department shall issue the license to an applicant who:
(1) meets the requirements established under:
(A) Section 2308.153, 2308.154, or 2308.155;
(B) Section 2303.1015; and
(C) any applicable rules adopted under this
subchapter or Subchapter C, Chapter 2303; and
(2) submits to the department:
(A) an application on a department-approved
form; and
(B) the required license fee.
(b) A person holding a license issued under this section
may:
(1) work at a vehicle storage facility; and
(2) perform towing operations.
(c) The fee for a license issued under this section may not
be:
(1) less than the fee for a license issued under this
subchapter or Section 2303.1015; or
(2) more than the sum of the fees for a license issued
under this subchapter and a license issued under Section 2303.1015.
SECTION 5. Subsection (b), Section 2308.153, 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 6. Subsection (b), Section 2308.154, 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 7. Subsection (b), Section 2308.155, 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 8. Subchapter D, Chapter 2308, Occupations Code, is
amended by adding Section 2308.1551 to read as follows:
Sec. 2308.1551. TRAINING LICENSE. (a) The department may
issue a 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
licensed tow truck operator.
(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 training license issued under this section expires on
the 91st day after the date of issuance and may not be renewed.
(d) The commission by rule shall set the fee, establish the
qualifications, and provide for the issuance of a training license
under this section.
SECTION 9. Subsection (c), Section 2308.157, Occupations
Code, is amended to read as follows:
(c) To renew an incident management towing operator's
license the first time, a license holder must complete a
professional development course relating to incident management
towing that is [licensed or certified by the National Safety
Council or another course] approved and administered by the
department under this section.
SECTION 10. 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 drug test each year
for each towing operator; and
(2) authorize random, unannounced alcohol and drug
testing for towing operators.
SECTION 11. Subsection (a), Section 2308.251, Occupations
Code, is amended to read as follows:
(a) The owner or operator of a vehicle may not leave
unattended on a parking facility a vehicle that:
(1) is in or obstructs a vehicular traffic aisle,
entry, or exit of the parking facility;
(2) prevents a vehicle from exiting a parking space in
the facility;
(3) is in or obstructs a fire lane marked according to
Subsection (c); [or]
(4) does not display the special license plates issued
under Section 504.201, Transportation Code, or the disabled parking
placard issued under Chapter 681, Transportation Code, for a
vehicle transporting a disabled person and is in a parking space
that is designated for the exclusive use of a vehicle transporting a
disabled person; or
(5) is leaking a fluid that presents a hazard or threat
to persons or property.
SECTION 12. Subchapter F, Chapter 2308, Occupations Code,
is amended by adding Section 2308.257 to read as follows:
Sec. 2308.257. REMOVAL OF CERTAIN UNAUTHORIZED VEHICLES IN
RURAL AREAS. (a) This section applies only to an abandoned
vehicle that has damaged a fence on private property in a rural
area.
(b) A law enforcement agency directing a towing company or
tow operator to remove an abandoned vehicle that is located on
private property shall provide the towing company or tow operator
with the name and telephone number of the property owner or the
owner's agent if the owner or agent has provided the information to
the law enforcement agency.
(c) A towing company or tow operator provided with
information under Subsection (b) shall contact the property owner
or the owner's agent before entering private property to tow a
vehicle described by Subsection (a).
SECTION 13. Sections 2308.207 and 2308.256, Occupations
Code, are repealed.
SECTION 14. (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 April 1, 2010, 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.
(d) Not later than April 1, 2010, the Texas Commission of
Licensing and Regulation shall adopt rules as necessary to
implement Sections 2303.1016, 2308.1521, and 2308.1551,
Occupations Code, as added by this Act.
SECTION 15. (a) Except as provided by Subsection (b) of
this section, this Act takes effect September 1, 2009.
(b) Sections 2303.1016, 2308.1521, and 2308.1551,
Occupations Code, as added by this Act, take effect June 1, 2010.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 702 passed the Senate on
April 2, 2009, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendments on May 29, 2009, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 702 passed the House, with
amendments, on May 19, 2009, by the following vote: Yeas 145,
Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor