| 1 | 1 | | 2021S0039-2 02/23/21 |
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| 2 | 2 | | By: Goldman H.B. No. 3758 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the exemption of certain vehicles from vehicle towing |
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| 8 | 8 | | regulations. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 2308.002(11), Occupations Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (11) "Tow truck" means a motor vehicle, including a |
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| 13 | 13 | | wrecker, equipped with a mechanical device used to tow, winch, or |
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| 14 | 14 | | otherwise move another motor vehicle. The term does not include: |
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| 15 | 15 | | (A) a motor vehicle owned and operated by a |
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| 16 | 16 | | governmental entity, including a public school district; |
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| 17 | 17 | | (B) a motor vehicle towing: |
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| 18 | 18 | | (i) a race car; |
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| 19 | 19 | | (ii) a motor vehicle for exhibition; or |
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| 20 | 20 | | (iii) an antique motor vehicle; |
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| 21 | 21 | | (C) a recreational vehicle towing another |
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| 22 | 22 | | vehicle; |
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| 23 | 23 | | (D) a motor vehicle used in combination with a |
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| 24 | 24 | | tow bar, tow dolly, or other mechanical device if the vehicle is not |
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| 25 | 25 | | operated in the furtherance of a commercial enterprise; |
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| 26 | 26 | | (E) a motor vehicle that is controlled or |
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| 27 | 27 | | operated by a farmer or rancher and used for towing a farm vehicle; |
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| 28 | 28 | | (F) a motor vehicle that: |
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| 29 | 29 | | (i) is owned or operated by an entity the |
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| 30 | 30 | | primary business of which is the rental of motor vehicles; and |
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| 31 | 31 | | (ii) only tows vehicles rented by the |
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| 32 | 32 | | entity; |
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| 33 | 33 | | (G) a truck-trailer combination that is owned or |
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| 34 | 34 | | operated by a dealer licensed under Chapter 2301 and used to |
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| 35 | 35 | | transport new vehicles during the normal course of a documented |
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| 36 | 36 | | transaction in which the dealer is a party and ownership or the |
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| 37 | 37 | | right of possession of the transported vehicle is conveyed or |
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| 38 | 38 | | transferred; or |
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| 39 | 39 | | (H) a car hauler that is used solely to |
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| 40 | 40 | | transport, other than in a consent or nonconsent tow, motor |
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| 41 | 41 | | vehicles as cargo: |
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| 42 | 42 | | (i) in the course of a prearranged shipping |
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| 43 | 43 | | transaction; |
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| 44 | 44 | | (ii) in the course of a commercial |
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| 45 | 45 | | transaction for transport arranged or authorized by one business |
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| 46 | 46 | | for the shipping or delivery of a damaged vehicle to another |
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| 47 | 47 | | business; or |
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| 48 | 48 | | (iii) for use in mining, drilling, or |
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| 49 | 49 | | construction operations. |
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| 50 | 50 | | SECTION 2. This Act takes effect September 1, 2021. |
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