April 26, 1990

Mr. Larry E.Kosta Opinion No. JM-1168 Acting Executive Director Texas Department of Re: Extent of coverage 

## of Licensing and Regulation article 6687-9b, V.T.C.S., P. 0. Box 12157 which regulates the operaAustin, Texas 78711 tion oftow trucks (RQ-1883) Dear Mr. Kosta: You ask about the scope ofastatute that requires tow trucks tobe registered. V.T.C.S. art. 6687-933. Specifically, you askwhether certain types ofvehicles are exempt from the registration requirement. Article 6687-9b defines "tow truck" as "amotor vehicle ormechanical device adapted or used to tow, winch, or rc- otherwise move disabled motor vehicles." Id. 5l(4). As

amended by the 71st Legislature, section 2(a) contains a broad prohibition on the operation of unregistered tow trucks: Except asprovided by Section 51of this

Act, aperson may not operate atow truck in this state unless the tow truck isregistered with the [Department ofLicensing and Regulation] asprovided by this Act. (Footnote added.) Acts 1989, 71st Leg., ch. 1039, 52.52, at 4206. Before the 1989 amendment, section 2(a) provided that aperson could not operate atow truck inTexas "for compensation" unless the truck was registered asprovided by article 6687-933. The 1989 amendment deleted thewords "for compensation" from

1: Section 5of the act actually sets out no exemptions from registration. Rather, it provides that any municipal registration shall be inaddition to registration under article 6687-9b.

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section 2(a). Consequently, you askwhether registration is now required for all tow tNCkS operated inTexas, without exception, orwhether certain categories of tow trucks -may be exempted by rule from the registration requirement. The legislative history of the 1989 amendment shows that the legislature did intend tobroaden significantly the scope of the registration requirement. An analysis in the bill file states that the amendment "brings all tow trucks under the lawby removing the phrase 'for compensation' as the criteria for a tow truck to be registered with the department." Bill Analysis, C.S.H.B. 863, 71st beg. (1989). We conclude, however, that deleting the words "for compensation" from section 2(a) of article 6687-9b was by itself insufficient to make "all tow tNCkS" subject to a registration requirement. Section 2(a) does not itself impose a registration requirement. Rather, it states that a person may not operate a tow truck in Texas unless the tow truck is registered "asprovided by this **Act. ”**  The only part of the act that may be read toprovide for registration is section 2(b), which states:

The commissioner shall issue acertificate ofregistration to atow truck owner whose vehicle meets the registration requirements prescribed by rule of the commissioner and who pays the registration fee. (Emphasis added.)
AVow truck owner" iS "aperson inaaaed In the business of **using a** **tow truck**  to tow, winch, or otherwise move a motor vehicle." V.T.C.S. art. 6687-9b, Sl(5) (emphasis added). Inother words, the authority of the commission to issue registration certificates extends only topersons engaged in the business ofusing atow truck. Itmay not be clear in every case whether aparticular person is engaged in the business ofusing tow trucks for the purposes set out inthe act, but undoubtedly the class of tow trucks owned by persons engaged inthe business of using tow trucks for those purposes issmaller than the class ofall tow trucks. Perhaps more significant indetermining the scope of the registration requirement for tow trucks is section 8 of article 6687-933,which sets out the penalty for failure to, register a tow'truck inaccordance with article 6687-913. The 1989 bill that deleted thewords nfor compensation" from

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section 2(a) did not delete those words from section 8, which provides: commits an offense if the

~d'~o~~e~~~~r~i~~~at~~~~ registration issued under this Act. (b) An offense under this section is a Class Cmisdemeanor. (Emphasis added.)
Inother words, the act does not make itan offense to operate anunregistered tow truck. Itmakes itan offense to operate anunregistered tow truck for compensation.
In light of the language insection 2(b) and section 8 ofarticle 6687-913,we conclude that the 1989 amendment did not broaden the scope of the registration requirement for tow trucks under article 6687-913.
SUMMARY A 1989 amendment to article 6687-9b, which deals with registration of tow trucks, did not broaden the scope of the registration requirement under that article.

JIM MATTOX Attorney General ofTexas **MARY KELLER**  First Assistant Attorney General JUDGE ZOLLIE STEAKLEY Special Assistant Attorney General
RENEA HICKS Special Assistant **Attorney** General RICK GILPIN Chairman, Opinion Committee Prepared by Sarah Woelk Assistant Attorney General

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