S.B. No. 860
AN ACT
relating to the exclusion of certain car haulers from the
definition of tow truck for purposes of certain laws regulating
motor vehicle towing.
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) a prearranged shipping
transaction; or
(b) a commercial transaction for
transport of a damaged vehicle arranged or authorized by an
insurance company and delivered to a salvage pool operator as
defined by Section 2302.001; or
(ii) for use in mining, drilling, or
construction operations.
SECTION 2. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 860 passed the Senate on
April 9, 2021, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 28, 2021, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 860 passed the House, with
amendment, on May 20, 2021, by the following vote: Yeas 143,
Nays 2, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor