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 of tow trucks (RQ-1883) 

Dear Mr. Kosta: 

You ask about the scope of a statute that requires tow 

trucks to be registered. V.T.C.S. art. 6687-933. Specifically, you ask whether certain types of vehicles are exempt 

from the registration requirement. 

Article 6687-9b defines "tow truck" as "a motor vehicle 

or mechanical device adapted or used to tow, winch, or 

rc- otherwise move disabled motor vehicles." Id. 5 l(4). As 

amended by the 71st Legislature, section 2(a) contains a 

broad prohibition on the operation of unregistered tow 

trucks: 

Except as provided by Section 51 of this 

Act, a person may not operate a tow truck in 

this state unless the tow truck is registered 

with the [Department of Licensing and Regulation] as provided by this Act. (Footnote 

added.) 

Acts 1989, 71st Leg., ch. 1039, 5 2.52, at 4206. Before the 

1989 amendment, section 2(a) provided that a person could 

not operate a tow truck in Texas "for compensation" unless 

the truck was registered as provided by article 6687-933. 

The 1989 amendment deleted the words "for compensation" from 

1: Section 5 of the act actually sets out no exemptions from registration. Rather, it provides that any 

municipal registration shall be in addition to registration 

under article 6687-9b. 

p. 6166 
Mr. Larry E. Kosta - Page 2 (JM-1168) 

section 2(a). Consequently, you ask whether registration is 

now required for all tow tNCkS operated in Texas, without 

exception, or whether 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 to broaden significantly the 

scope of the registration requirement. An analysis in the 

bill file states that the amendment "brings all tow trucks 

under the law by 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 "as provided by this Act.” The only part of the 

act that may be read to provide for registration is section 

2(b), which states: 

The commissioner shall issue a certificate 

of registration to a tow truck owner whose 

vehicle meets the registration requirements 

prescribed by rule of the commissioner and 

who pays the registration fee. (Emphasis 

added.) 

A Vow truck owner" iS "a person in aaaed In the business of 

using a tow truck to tow, winch, or otherwise move a motor 

vehicle." V.T.C.S. art. 6687-9b, S l(5) (emphasis added). 

In other words, the authority of the commission to issue 

registration certificates extends only to persons engaged in 

the business of using a tow truck. It may not be clear in 

every case whether a particular person is engaged in the 

business of using tow trucks for the purposes set out in the 

act, but undoubtedly the class of tow trucks owned by 

persons engaged in the business of using tow trucks for 

those purposes is smaller than the class of all tow trucks. 

Perhaps more significant in determining 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 in accordance with article 6687-913. 

The 1989 bill that deleted the words nfor compensation" from 

p. 6167 
Mr. Larry E. Kosta - Page 3 (JM-1168) 

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 C misdemeanor. (Emphasis added.) 

In other words, the act does not make it an offense to 

operate an unregistered tow truck. It makes it an offense 

to operate an unregistered tow truck for compensation. 

In light of the language in section 2(b) and section 8 

of article 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 of Texas 

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 

P. 6168