84R21928 SRS-F
By: Kuempel H.B. No. 3098
Substitute the following for H.B. No. 3098:
By: Pickett C.S.H.B. No. 3098
A BILL TO BE ENTITLED
AN ACT
relating to the exemption of certain vehicles from towing
regulations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2308.002(11), 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;
(G) a truck-trailer combination that is owned or
operated by a dealer licensed under Chapter 2301 and used to
transport new vehicles during the normal course of a documented
transaction in which the dealer is a party and ownership or the
right of possession of the transported vehicle is conveyed or
transferred; or
(H) a car hauler that is used solely to
transport, other than in a consent or nonconsent tow, motor
vehicles as cargo in the course of a prearranged shipping
transaction or for use in mining, drilling, or construction
operations.
SECTION 2. 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, 2015.