Texas 2021 - 87th Regular

Texas Senate Bill SB860 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 860
	1	+	By: Johnson, et al. S.B. No. 860
	2	+	(Goldman)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the exclusion of certain car haulers from the
6	8		definition of tow truck for purposes of certain laws regulating
7	9		motor vehicle towing.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Section 2308.002(11), Occupations Code, is
10	12		amended to read as follows:
11	13		(11) "Tow truck" means a motor vehicle, including a
12	14		wrecker, equipped with a mechanical device used to tow, winch, or
13	15		otherwise move another motor vehicle. The term does not include:
14	16		(A) a motor vehicle owned and operated by a
15	17		governmental entity, including a public school district;
16	18		(B) a motor vehicle towing:
17	19		(i) a race car;
18	20		(ii) a motor vehicle for exhibition; or
19	21		(iii) an antique motor vehicle;
20	22		(C) a recreational vehicle towing another
21	23		vehicle;
22	24		(D) a motor vehicle used in combination with a
23	25		tow bar, tow dolly, or other mechanical device if the vehicle is not
24	26		operated in the furtherance of a commercial enterprise;
25	27		(E) a motor vehicle that is controlled or
26	28		operated by a farmer or rancher and used for towing a farm vehicle;
27	29		(F) a motor vehicle that:
28	30		(i) is owned or operated by an entity the
29	31		primary business of which is the rental of motor vehicles; and
30	32		(ii) only tows vehicles rented by the
31	33		entity;
32	34		(G) a truck-trailer combination that is owned or
33	35		operated by a dealer licensed under Chapter 2301 and used to
34	36		transport new vehicles during the normal course of a documented
35	37		transaction in which the dealer is a party and ownership or the
36	38		right of possession of the transported vehicle is conveyed or
37	39		transferred; or
38	40		(H) a car hauler that is used solely to
39	41		transport, other than in a consent or nonconsent tow, motor
40	42		vehicles as cargo:
41		-	(i) in the course of:
42		-	(a) a prearranged shipping
43		-	transaction; or
44		-	(b) a commercial transaction for
45		-	transport of a damaged vehicle arranged or authorized by an
46		-	insurance company and delivered to a salvage pool operator as
47		-	defined by Section 2302.001; or
	43	+	(i) in the course of a prearranged shipping
	44	+	or delivery transaction, including a commercial transaction for
	45	+	transport arranged or authorized by one business for the shipping
	46	+	or delivery of a damaged vehicle to another business; or
48	47		(ii) for use in mining, drilling, or
49	48		construction operations.
50	49		SECTION 2. This Act takes effect September 1, 2021.
51		-	______________________________ ______________________________
52		-	President of the Senate Speaker of the House
53		-	I hereby certify that S.B. No. 860 passed the Senate on
54		-	April 9, 2021, by the following vote: Yeas 31, Nays 0; and that
55		-	the Senate concurred in House amendment on May 28, 2021, by the
56		-	following vote: Yeas 31, Nays 0.
57		-	______________________________
58		-	Secretary of the Senate
59		-	I hereby certify that S.B. No. 860 passed the House, with
60		-	amendment, on May 20, 2021, by the following vote: Yeas 143,
61		-	Nays 2, one present not voting.
62		-	______________________________
63		-	Chief Clerk of the House
64		-	Approved:
65		-	______________________________
66		-	Date
67		-	______________________________
68		-	Governor