2021S0039-2 02/23/21
By: Goldman H.B. No. 3758
A BILL TO BE ENTITLED
AN ACT
relating to the exemption of certain vehicles from vehicle 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;
(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:
(i) in the course of a prearranged shipping
transaction;
(ii) in the course of a commercial
transaction for transport arranged or authorized by one business
for the shipping or delivery of a damaged vehicle to another
business; or
(iii) for use in mining, drilling, or
construction operations.
SECTION 2. This Act takes effect September 1, 2021.