| 6 | 4 | | AN ACT |
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| 7 | 5 | | relating to the exemption of certain vehicles from towing |
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| 8 | 6 | | regulations. |
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| 9 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 8 | | SECTION 1. Section 2308.002(11), Occupations Code, is |
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| 11 | 9 | | amended to read as follows: |
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| 12 | 10 | | (11) "Tow truck" means a motor vehicle, including a |
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| 13 | 11 | | wrecker, equipped with a mechanical device used to tow, winch, or |
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| 14 | 12 | | otherwise move another motor vehicle. The term does not include: |
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| 15 | 13 | | (A) a motor vehicle owned and operated by a |
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| 16 | 14 | | governmental entity, including a public school district; |
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| 17 | 15 | | (B) a motor vehicle towing: |
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| 18 | 16 | | (i) a race car; |
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| 19 | 17 | | (ii) a motor vehicle for exhibition; or |
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| 20 | 18 | | (iii) an antique motor vehicle; |
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| 21 | 19 | | (C) a recreational vehicle towing another |
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| 22 | 20 | | vehicle; |
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| 23 | 21 | | (D) a motor vehicle used in combination with a |
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| 24 | 22 | | tow bar, tow dolly, or other mechanical device if the vehicle is not |
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| 25 | 23 | | operated in the furtherance of a commercial enterprise; |
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| 26 | 24 | | (E) a motor vehicle that is controlled or |
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| 27 | 25 | | operated by a farmer or rancher and used for towing a farm vehicle; |
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| 28 | 26 | | [or] |
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| 29 | 27 | | (F) a motor vehicle that: |
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| 30 | 28 | | (i) is owned or operated by an entity the |
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| 31 | 29 | | primary business of which is the rental of motor vehicles; and |
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| 32 | 30 | | (ii) only tows vehicles rented by the |
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| 33 | 31 | | entity; |
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| 34 | 32 | | (G) a truck-trailer combination that is owned or |
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| 35 | 33 | | operated by a dealer licensed under Chapter 2301 and used to |
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| 36 | 34 | | transport new vehicles during the normal course of a documented |
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| 37 | 35 | | transaction in which the dealer is a party and ownership or the |
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| 38 | 36 | | right of possession of the transported vehicle is conveyed or |
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| 39 | 37 | | transferred; or |
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| 40 | 38 | | (H) a car hauler that is used solely to |
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| 41 | 39 | | transport, other than in a consent or nonconsent tow, motor |
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| 42 | 40 | | vehicles as cargo in the course of a prearranged shipping |
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| 43 | 41 | | transaction or for use in mining, drilling, or construction |
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| 44 | 42 | | operations. |
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| 45 | 43 | | SECTION 2. This Act takes effect immediately if it receives |
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| 46 | 44 | | a vote of two-thirds of all the members elected to each house, as |
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| 47 | 45 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 48 | 46 | | Act does not receive the vote necessary for immediate effect, this |
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| 49 | 47 | | Act takes effect September 1, 2015. |
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| 48 | + | ______________________________ ______________________________ |
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| 49 | + | President of the Senate Speaker of the House |
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| 50 | + | I hereby certify that S.B. No. 1820 passed the Senate on |
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| 51 | + | April 30, 2015, by the following vote: Yeas 31, Nays 0. |
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| 52 | + | ______________________________ |
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| 53 | + | Secretary of the Senate |
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| 54 | + | I hereby certify that S.B. No. 1820 passed the House on |
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| 55 | + | May 12, 2015, by the following vote: Yeas 142, Nays 2, |
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| 56 | + | two present not voting. |
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| 57 | + | ______________________________ |
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| 58 | + | Chief Clerk of the House |
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| 59 | + | Approved: |
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| 60 | + | ______________________________ |
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| 61 | + | Date |
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| 62 | + | ______________________________ |
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| 63 | + | Governor |
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