reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2307 - Insurer Interests in Repair Facilities › Section 2307.001. Definitions

Sec. 2307.001.  DEFINITIONS.  In this chapter:
(1)  "Arm's length transaction" means the standard of conduct under which two parties having substantially equal bargaining power, each acting in its own interest, would negotiate or carry out a particular transaction.
(2)  "Claims center" means a location designated by an insurer where a claims adjuster, employee, or agent of the insurer performs an initial damage estimate on a vehicle under the terms of an insurance policy.
(3)  "Favored facility agreement" means an agreement between an insurer and a repair facility under which the insurer agrees to recommend, directly or indirectly, to its policyholders or other beneficiaries under the insurer's policies, that the policyholder or other beneficiary obtain repairs at that repair facility or in any other way agrees to influence its policyholders or other beneficiaries under the insurer's policies to obtain repairs at that repair facility.
(4)  "Insurer" means an insurer authorized by the Texas Department of Insurance to write motor vehicle insurance in this state, including a county mutual insurance company, a Lloyd's plan, and a reciprocal or interinsurance exchange if that insurer owns an interest in a repair facility in this state.  The term includes an entity that is an affiliate of an insurer as described by Section 823.003, Insurance Code.
(5)  "Repair facility" has the meaning assigned by Section 2304.001.
(6)  "Support services" means basic services, provided nonspecifically, that are provided internally and to each affiliate or subsidiary, by an insurer, its parent company, or a separate affiliate created to provide basic corporate support.  The term does not include a service related to the operation of a repair facility if that service would have no value, or minimal value to any other type of business.
(7)  "Tied repair facility" means a repair facility in which an insurer owns an interest.
Added by Acts 2003, 78th Leg., ch. 1045, Sec. 1, eff. Sept. 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 206, Sec. 20.01, eff. Sept. 1, 2003.
Renumbered from Occupations Code, Section 2306.001 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(76), eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2307 - Insurer Interests in Repair Facilities › Section 2307.002. Insurer Interests

Sec. 2307.002.  INSURER INTERESTS.  (a)  Except as provided by this section, an insurer may not own or acquire an interest in a repair facility.
(b)  An insurer that owns an interest in a tied repair facility that was open for business, or on which construction had commenced, on April 15, 2003, may maintain that ownership interest and may operate that facility.
(c)  An insurer may relocate a tied repair facility described by Subsection (b), but may not obtain an ownership interest in any additional facility not described by Subsection (b).
(d)  Subsections (b) and (c) are applicable to an insurer only if the insurer and its tied repair facility are otherwise in compliance with this chapter.
Added by Acts 2003, 78th Leg., ch. 1045, Sec. 1, eff. Sept. 1, 2003.
Renumbered from Occupations Code, Section 2306.002 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(76), eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2307 - Insurer Interests in Repair Facilities › Section 2307.003. Favored Facility Agreement Presumed

Sec. 2307.003.  FAVORED FACILITY AGREEMENT PRESUMED.  An insurer is presumed to have a favored facility agreement with a repair facility in which it owns an interest.
Added by Acts 2003, 78th Leg., ch. 1045, Sec. 1, eff. Sept. 1, 2003.
Renumbered from Occupations Code, Section 2306.003 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(76), eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2307 - Insurer Interests in Repair Facilities › Section 2307.004. Contractual Conditions

Sec. 2307.004.  CONTRACTUAL CONDITIONS.  (a)  An insurer that owns an interest in a repair facility may use only one favored facility agreement.
(b)  Except as otherwise provided by this subsection, the terms under which the insurer enters into a favored facility agreement must be identical for all repair facilities, including a tied repair facility.  An insurer may vary the terms as necessary to implement technical differences required by geographical factors or other legitimate business factors.
(c)  Except as provided by Subsection (d), an insurer may not cancel a favored facility agreement until the expiration of the 30th day after the date on which the insurer provides notice to the repair facility of the insurer's intent to cancel the agreement.  The insurer shall include with the notice a statement explaining the reason for the cancellation of the agreement.
(d)  An insurer may summarily cancel a favored facility agreement with a repair facility if the insurer, a policyholder of the insurer, or another beneficiary under the insurer's policy establishes reasonable grounds to believe that the repair facility is fraudulent in its dealings with the insurer or the policyholder or other beneficiaries under the insurer's policy.
Added by Acts 2003, 78th Leg., ch. 1045, Sec. 1, eff. Sept. 1, 2003.
Renumbered from Occupations Code, Section 2306.004 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(76), eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2307 - Insurer Interests in Repair Facilities › Section 2307.005. Notice

Sec. 2307.005.  NOTICE.  (a)  An insurer that owns an interest in a repair facility shall post the following notice in each of its tied repair facilities:
"THIS REPAIR FACILITY IS OWNED IN WHOLE OR IN PART BY (NAME OF INSURER). YOU ARE HEREBY NOTIFIED THAT YOU ARE ENTITLED TO SEEK REPAIRS AT ANY REPAIR FACILITY OF YOUR CHOICE."
(b)  The notice required by Subsection (a) must be posted prominently in a location in which it is likely to be seen and read by a customer of the repair facility.
Added by Acts 2003, 78th Leg., ch. 1045, Sec. 1, eff. Sept. 1, 2003.
Renumbered from Occupations Code, Section 2306.005 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(76), eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2307 - Insurer Interests in Repair Facilities › Section 2307.006. Prohibitions

Sec. 2307.006.  PROHIBITIONS.  An insurer may not:
(1)  condition the provision of a product, service, insurance policy renewal, pricing, or other benefit on the purchase of any good or service from its tied repair facilities;
(2)  share information with its tied repair facilities that is not made available on identical terms and conditions to other repair facilities with which the insurer has entered into a favored facility agreement;
(3)  engage in a joint marketing program with its tied repair facilities;
(4)  provide its tied repair facilities a recommendation, referral, description, advantage, or access to its policyholders or other beneficiaries under its insurance policies that is not provided on identical terms to other repair facilities with which the insurer has entered into a favored facility agreement;
(5)  provide a tied repair facility access to the insurer's products or services on terms and conditions different from those under which the insurer provides access to the same products or services to another repair facility with which the insurer has entered into a favored facility agreement;
(6)  allow a tied repair facility to use the insurer's name, trademark, tradename, brand, or logo in a manner different than that allowed for any other favored facility;
(7)  subsidize the business activities or operating expenses of a tied repair facility;
(8)  directly or indirectly require a policyholder of the insurer or other beneficiary under the insurer's policy to obtain a damage estimate on a vehicle covered by the insurance policy at a tied repair facility;
(9)  authorize or allow a person representing the insurer, whether an employee or an independent contractor, to recommend to a policyholder or other beneficiary under the insurance policy that the policyholder or other beneficiary obtain repairs at a tied repair facility, except to the same extent that the person recommends other repair facilities with whom the insurer has entered into a favored facility agreement;
(10)  require a policyholder or beneficiary to use a claims center located on the premises of a tied repair facility;
(11)  enter into a favored facility agreement exclusively with its tied repair facilities;
(12)  retaliate or discriminate against a person who:
(A)  files an action as provided by this chapter;  or
(B)  assists or participates in any manner in an investigation, judicial proceeding, or other action brought or maintained as provided by this chapter;  or
(13)  include earnings or losses of a tied repair facility in a rate filing made under Chapter 5, Insurance Code.
Added by Acts 2003, 78th Leg., ch. 1045, Sec. 1, eff. Sept. 1, 2003.
Renumbered from Occupations Code, Section 2306.006 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(76), eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2307 - Insurer Interests in Repair Facilities › Section 2307.007. Conflict of Interest Prohibited

Sec. 2307.007.  CONFLICT OF INTEREST PROHIBITED.  Except as otherwise provided by this chapter, an agreement between an insurer and its tied repair facility must be negotiated and executed as an arm's length transaction.
Added by Acts 2003, 78th Leg., ch. 1045, Sec. 1, eff. Sept. 1, 2003.
Renumbered from Occupations Code, Section 2306.007 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(76), eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2307 - Insurer Interests in Repair Facilities › Section 2307.008. Support Services

Sec. 2307.008.  SUPPORT SERVICES.  (a)  Notwithstanding this chapter, and except as provided by Subsection (b), an insurer may provide support services to its tied repair facilities if those services:
(1)  are priced at a level that is fair and reasonable to both the insurer and the tied repair facility;  and
(2)  do not directly or indirectly confer a competitive advantage to the tied repair facility.
(b)  Notwithstanding Subsection (a), an agreement by an insurer to provide support services to its tied repair facility may not create the potential for confusion among the policyholders of the insurer, other beneficiaries of an insurance policy issued by the insurer, or other parties.
Added by Acts 2003, 78th Leg., ch. 1045, Sec. 1, eff. Sept. 1, 2003.
Renumbered from Occupations Code, Section 2306.008 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(76), eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2307 - Insurer Interests in Repair Facilities › Section 2307.009. Action to Compel Compliance; Disciplinary Action

Sec. 2307.009.  ACTION TO COMPEL COMPLIANCE;  DISCIPLINARY ACTION.  (a)  A person, including a repair facility, aggrieved by a violation of this chapter by an insurer may bring an action for injunctive or other appropriate relief to compel the insurer to comply with this chapter.
(b)  In an action brought under this section, in addition to other appropriate relief, the court may impose a civil penalty as provided by this section.
(c)  A civil penalty imposed under this section may not be less than $1,000 or more than $5,000 per violation.  Each day during which a violation occurs is a separate violation.
(d)  The amount of a civil penalty under this section is based on the seriousness of the violation, and must reflect the following factors:
(1)  the nature, circumstances, extent, and gravity of the act or omission that constitutes the violation;
(2)  the economic harm caused by the violation;
(3)  the history of previous violations;
(4)  the need to deter future violations by the person charged with a violation;
(5)  efforts, if any, made to correct the violation;  and
(6)  any other factors the court considers appropriate to implement the remedial intent of this chapter.
(e)  A civil penalty collected under this section shall be sent to the comptroller for deposit in the general revenue fund.
(f)  A plaintiff who prevails in an action under this section is entitled to recover reasonable attorney's fees and court costs.
(g)  If a court finds that an action brought under this section was groundless, brought in bad faith, or brought for the purpose of harassment, the court may award reasonable attorney's fees to the prevailing defendant.
Added by Acts 2003, 78th Leg., ch. 1045, Sec. 1, eff. Sept. 1, 2003.
Renumbered from Occupations Code, Section 2306.009 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(76), eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2307 - Insurer Interests in Repair Facilities › Section 2307.010. Antitrust Enforcement

Sec. 2307.010.  ANTITRUST ENFORCEMENT.  This chapter does not confer immunity from an antitrust law of this state or the United States.  A sanction or penalty imposed in an action brought under this chapter is in addition to other relief granted on the basis of the violation of an antitrust law of this state or the United States.
Added by Acts 2003, 78th Leg., ch. 1045, Sec. 1, eff. Sept. 1, 2003.
Renumbered from Occupations Code, Section 2306.010 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(76), eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2307 - Insurer Interests in Repair Facilities › Section 2307.011. Exclusivity

Sec. 2307.011.  EXCLUSIVITY.  Unless otherwise specifically provided by this chapter, this chapter provides the exclusive authority and rules applicable to the regulation of the relations between an insurer and a tied repair facility.
Added by Acts 2003, 78th Leg., ch. 1045, Sec. 1, eff. Sept. 1, 2003.
Renumbered from Occupations Code, Section 2306.011 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(76), eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter A. General Provisions › Section 2308.001. Short Title

Sec. 2308.001.  SHORT TITLE.  This chapter may be cited as the Texas Towing and Booting Act.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.12, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 845 (S.B. 2153), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter A. General Provisions › Section 2308.004. Exemption

Sec. 2308.004.  EXEMPTION.  Sections 2308.151(b), 2308.2085, 2308.257, and 2308.258 do not apply to:
(1)  a person who, while exercising a statutory or contractual lien right with regard to a vehicle:
(A)  installs or removes a boot; or
(B)  controls, installs, or directs the installation and removal of one or more boots; or
(2)  a commercial office building owner or manager who installs or removes a boot in the building's parking facility.
Added by Acts 2009, 81st Leg., R.S., Ch. 845 (S.B. 2153), Sec. 4, eff. September 1, 2009.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 919 (S.B. 1501), Sec. 7, eff. September 1, 2018.
Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 14.003, eff. September 1, 2018.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter B. Advisory Board › Section 2308.051. Towing, Storage, and Booting Advisory Board

Sec. 2308.051.  TOWING, STORAGE, AND BOOTING ADVISORY BOARD.  (a)  The advisory board consists of the following members appointed by the presiding officer of the commission with the approval of the commission:
(1)  one representative of a towing company operating in a county with a population of less than one million;
(2)  one representative of a towing company operating in a county with a population of one million or more;
(3)  one representative of a vehicle storage facility located in a county with a population of less than one million;
(4)  one representative of a vehicle storage facility located in a county with a population of one million or more;
(5)  one parking facility representative;
(6)  one peace officer from a county with a population of less than one million;
(7)  one peace officer from a county with a population of one million or more;
(8)  one representative of a member insurer, as defined by Section 462.004, Insurance Code, of the Texas Property and Casualty Insurance Guaranty Association who writes automobile insurance in this state; and
(9)  one person who operates both a towing company and a vehicle storage facility.
(b)  The advisory board must include representation for each classification of towing.
(c)  An appointment to the advisory board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.12, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 457 (H.B. 2548), Sec. 7, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 845 (S.B. 2153), Sec. 5, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 845 (S.B. 2153), Sec. 6, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 919 (S.B. 1501), Sec. 8, eff. June 15, 2017.
Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 14.004, eff. June 15, 2017.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter B. Advisory Board › Section 2308.052. Terms; Vacancies

Sec. 2308.052.  TERMS; VACANCIES.  (a)  Advisory board members serve terms of six years, with the terms of two or three members, as appropriate, expiring on February 1 of each odd-numbered year.
(b)  A member may not serve more than two full consecutive terms.
(c)  If a vacancy occurs during a term, the presiding officer of the commission shall appoint a replacement who meets the qualifications of the vacated position to serve for the remainder of the term.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.12, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter B. Advisory Board › Section 2308.053. Presiding Officer

Sec. 2308.053.  PRESIDING OFFICER.  The presiding officer of the commission shall appoint one of the advisory board members to serve as presiding officer of the advisory board for a term of one year.  The presiding officer of the advisory board may vote on any matter before the advisory board.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.12, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter B. Advisory Board › Section 2308.054. Compensation; Reimbursement of Expenses

Sec. 2308.054.  COMPENSATION; REIMBURSEMENT OF EXPENSES.  Advisory board members may not receive compensation but are entitled to reimbursement for actual and necessary expenses incurred in performing the functions of the advisory board, subject to the General Appropriations Act.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.12, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter B. Advisory Board › Section 2308.056. General Powers and Duties

Sec. 2308.056.  GENERAL POWERS AND DUTIES.  The executive director or commission, as appropriate, may take action as necessary to administer and enforce this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.12, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter B. Advisory Board › Section 2308.057. Rules

Sec. 2308.057.  RULES.  (a)  The commission shall adopt rules for permitting tow trucks and licensing towing operators, towing companies, booting companies, and boot operators.  The commission may adopt different rules applicable to each type of permit or license.
(a-1)  The commission shall adopt rules for denial of applications and permits if the applicant, a partner, principal, officer, or general manager of the applicant, or other license or permit holder has:
(1)  a criminal conviction, or has pleaded guilty or nolo contendere to an offense, before the date of the application, for:
(A)  a felony; or
(B)  a misdemeanor punishable by confinement in jail or by a fine in an amount that exceeds $500;
(2)  violated an order of the commission or executive director, including an order for sanctions or administrative penalties;
(3)  failed to submit a license or permit bond in an amount established by the commission;
(4)  knowingly submitted false or incomplete information on the application; or
(5)  filed an application to permit a tow truck previously permitted by a license or permit holder.
(b)  The commission by rule shall adopt:
(1)  standards of conduct for license and permit holders under this chapter; and
(2)  requirements for a consent tow, private property tow, and incident management tow.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.12, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 845 (S.B. 2153), Sec. 7, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1310 (H.B. 2571), Sec. 2, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 353 (H.B. 3510), Sec. 5, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter B. Advisory Board › Section 2308.0575. Rules on Fees; Contract for Study; Confidential Information

Sec. 2308.0575.  RULES ON FEES; CONTRACT FOR STUDY; CONFIDENTIAL INFORMATION.  (a)  To protect the public health and safety, the commission by rule shall establish:
(1)  the fees that may be charged in connection with a private property tow;
(2)  the maximum amount that may be charged for fees, other than tow fees, that may be assessed by a towing company in connection with a private property tow; and
(3)  a maximum amount that may be charged for the following private property tows:
(A)  standard light-duty tows of motor vehicles with a gross weight rating of 10,000 pounds or less;
(B)  medium-duty tows of motor vehicles with a gross weight rating of more than 10,000 pounds, but less than 25,000 pounds; and
(C)  heavy-duty tows of motor vehicles with a gross weight rating that exceeds 25,000 pounds.
(b)  In adopting rules under Subsection (a), the commission shall contract for a study that:
(1)  examines towing fee studies conducted by municipalities in this state; and
(2)  analyzes the cost of towing services by company, the consumer price index, the geographic area, and individual cost components.
(c)  The commission may structure the maximum amounts that may be charged for private property tows based on hourly or flat fees or by geographic location.
(d)  The commission shall maintain the confidentiality of information contained in a study conducted under this section that is claimed to be confidential for competitive purposes and may not release information that identifies a person or company.  The confidential information is exempt from disclosure under Chapter 552, Government Code.
(e)  To protect the confidentiality of the information, the commission shall aggregate the information to the maximum extent possible considering the purpose of the study.
(f)  The department shall contract to conduct a study on private property towing fees under this section at least once every two years.
Added by Acts 2009, 81st Leg., R.S., Ch. 1310 (H.B. 2571), Sec. 3, eff. September 1, 2010.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter B. Advisory Board › Section 2308.058. Fees

Sec. 2308.058.  FEES.  The commission shall establish and collect reasonable and necessary fees in amounts sufficient to cover the costs of administering this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.12, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter B. Advisory Board › Section 2308.059. Periodic Inspections

Sec. 2308.059.  PERIODIC INSPECTIONS.  (a)  The department may enter and inspect at any time during business hours:
(1)  the place of business of any person regulated under this chapter; or
(2)  any place in which the department has reasonable cause to believe that a license or permit holder is in violation of this chapter or in violation of a rule or order of the commission or executive director.
(b)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 919 (S.B. 1501), Sec. 20(a)(3), eff. June 15, 2017.
(c)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 919 (S.B. 1501), Sec. 20(a)(3), eff. June 15, 2017.
(d)  In conducting an inspection under this section, the department may inspect a vehicle, a facility, business records, or any other place or thing reasonably required to enforce this chapter or a rule or order adopted under this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.12, eff. September 1, 2007.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 919 (S.B. 1501), Sec. 9, eff. June 15, 2017.
Acts 2017, 85th Leg., R.S., Ch. 919 (S.B. 1501), Sec. 20(a)(3), eff. June 15, 2017.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter B. Advisory Board › Section 2308.060. Powers and Duties of Advisory Board

Sec. 2308.060.  POWERS AND DUTIES OF ADVISORY BOARD.  The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration and enforcement of this chapter, including examination content, licensing standards, continuing education requirements, and maximum amounts that may be charged for fees related to private property tows.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.12, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1310 (H.B. 2571), Sec. 4, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter B. Advisory Board › Section 2308.061. Personnel

Sec. 2308.061.  PERSONNEL.  The department may employ personnel necessary to administer and enforce this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.12, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter C. Tow Truck Permit Requirements › Section 2308.101. Permit Required

Sec. 2308.101.  PERMIT REQUIRED.  A tow truck may not be used for consent towing or nonconsent towing on a public roadway in this state unless an appropriate permit has been issued for the tow truck under this subchapter.  Each tow truck requires a separate permit.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.12, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter C. Tow Truck Permit Requirements › Section 2308.102. Application Requirements

Sec. 2308.102.  APPLICATION REQUIREMENTS.  (a)  An applicant for a permit under this subchapter must submit to the department:
(1)  a completed application on a form prescribed by the executive director;
(2)  evidence of insurance or financial responsibility required under this subchapter;
(3)  the required fees; and
(4)  any other information required by the executive director.
(b)  The department may conduct an examination of any criminal conviction of an applicant, including by obtaining any criminal history record information permitted by law.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.12, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter C. Tow Truck Permit Requirements › Section 2308.103. Requirements for Incident Management Towing Permit

Sec. 2308.103.  REQUIREMENTS FOR INCIDENT MANAGEMENT TOWING PERMIT.  (a)  An incident management towing permit is required for a tow truck used to perform any nonconsent tow initiated by a peace officer, including a tow authorized under Section 545.3051, Transportation Code.
(b)  To be eligible for an incident management towing permit, an applicant must submit evidence that:
(1)  the tow truck is equipped to tow light-duty or heavy-duty vehicles according to the manufacturer's towing guidelines;
(2)  the applicant has at least $500,000 of liability insurance for the tow truck; and
(3)  the applicant has at least $50,000 of cargo insurance for the tow truck.
(c)  A tow truck permitted under this section may also be used for private property towing and consent towing.
(d)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 919 (S.B. 1501), Sec. 20(a)(4), and Ch. 967 (S.B. 2065), Sec. 14.012(a)(2), eff. June 15, 2017.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.12, eff. September 1, 2007.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 919 (S.B. 1501), Sec. 20(a)(4), eff. June 15, 2017.
Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 14.012(a)(2), eff. June 15, 2017.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter C. Tow Truck Permit Requirements › Section 2308.104. Requirements for Private Property Towing Permit

Sec. 2308.104.  REQUIREMENTS FOR PRIVATE PROPERTY TOWING PERMIT.  (a)  A private property towing permit is required for a tow truck used to perform a nonconsent tow authorized by a parking facility owner under this chapter.
(b)  To be eligible for a private property towing permit, an applicant must submit evidence that:
(1)  the tow truck is equipped to tow light-duty or heavy-duty vehicles according to the manufacturer's towing guidelines;
(2)  the applicant has at least $300,000 of liability insurance for the tow truck; and
(3)  the applicant has at least $50,000 of cargo insurance for the tow truck.
(c)  A tow truck permitted under this section may also be used for consent towing but not for incident management towing.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.12, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter C. Tow Truck Permit Requirements › Section 2308.105. Requirements for Consent Towing Permit

Sec. 2308.105.  REQUIREMENTS FOR CONSENT TOWING PERMIT.  (a)  A consent towing permit is required for a tow truck used to perform a consent tow authorized by the vehicle owner.
(b)  To be eligible for a consent towing permit, an applicant must submit evidence that:
(1)  the tow truck is equipped to tow light-duty or heavy-duty vehicles according to the manufacturer's towing guidelines; and
(2)  the applicant has at least $300,000 of liability insurance for the tow truck.
(c)  A tow truck permitted under this section may not be used for nonconsent towing, including incident management towing and private property towing.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.12, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter C. Tow Truck Permit Requirements › Section 2308.106. Department Approval; Issuance of Permit

Sec. 2308.106.  DEPARTMENT APPROVAL; ISSUANCE OF PERMIT.  (a)  The department shall issue a permit under this subchapter to an applicant who meets the requirements for a permit.  The department may deny an application if the applicant has had a permit revoked under this chapter.
(b)  The department shall issue a certificate containing a single unique permit number for each tow truck, regardless of whether the permit holder holds more than one permit.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.12, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter C. Tow Truck Permit Requirements › Section 2308.107. Permit Renewal

Sec. 2308.107.  PERMIT RENEWAL.  (a)  A permit issued under this chapter is valid for one year.  The department may adopt a system under which permits expire at different times during the year.
(b)  The department shall notify the permit holder at least 30 days before the date a permit expires.  The notice must be in writing and sent to the permit holder's last known address according to the records of the department.
(c)  A permit holder may renew a permit under this chapter by:
(1)  paying a fee for each tow truck; and
(2)  providing to the department evidence of continuing insurance or financial responsibility in an amount required by this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.12, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter C. Tow Truck Permit Requirements › Section 2308.108. Cab Cards

Sec. 2308.108.  CAB CARDS.  (a)  The department shall issue a cab card for each tow truck issued a permit.  The cab card must:
(1)  show the permit number of the certificate issued under Section 2308.106(b);
(2)  show the type of permit issued;
(3)  show the vehicle unit number;
(4)  show the vehicle identification number; and
(5)  contain a statement that the vehicle has been issued a permit under this subchapter.
(b)  The department shall issue a cab card when the department issues or renews a permit under this subchapter.
(c)  A permit holder must keep the cab card in the cab of each permitted tow truck.
(d)  The department may order a permit holder to surrender a cab card if the permit is suspended or revoked under this chapter.
(e)  If the department determines that the cab card system described by Subsections (a) through (c) is not an efficient means of enforcing this subchapter, the executive director by rule may adopt an alternative method that is accessible by law enforcement personnel in the field and provides for the enforcement of the permit requirements of this subchapter.
(f)  A cab card or a permit issued under the alternative method described in Subsection (e) must be valid for the same duration as a certificate issued under Section 2308.106.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.12, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter C. Tow Truck Permit Requirements › Section 2308.109. Display of Information on Tow Truck

Sec. 2308.109.  DISPLAY OF INFORMATION ON TOW TRUCK.  (a)  A permit holder shall display on each permitted tow truck:
(1)  the permit holder's name;
(2)  the permit holder's telephone number;
(3)  the city and state where the permit holder is located; and
(4)  the permit number for the tow truck.
(b)  The information required to be displayed must be:
(1)  printed in letters and numbers that are at least two inches high and in a color that contrasts with the color of the background surface; and
(2)  permanently affixed in conspicuous places on both sides of the tow truck.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.12, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter C. Tow Truck Permit Requirements › Section 2308.110. Financial Responsibility

Sec. 2308.110.  FINANCIAL RESPONSIBILITY.  (a)  A permit holder shall maintain liability insurance for each tow truck according to the requirements under this subchapter.
(b)  Unless state law permits a tow truck to be self-insured, any insurance required for a tow truck must be obtained from an insurer authorized to do business in this state.
(c)  An applicant or permit holder must file with the department evidence of insurance as required by this subchapter.
(d)  A permit holder shall keep evidence of insurance in a form approved by the department in the cab of each permitted tow truck.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.12, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter D. License Requirements › Section 2308.151. License or Local Authorization Required

Sec. 2308.151.  LICENSE OR LOCAL AUTHORIZATION REQUIRED.  (a)  Unless the person holds an appropriate license under this subchapter, a person may not:
(1)  perform towing operations; or
(2)  operate a towing company.
(b)  Unless prohibited by a local authority under Section 2308.2085, a person may:
(1)  perform booting operations; and
(2)  operate a booting company.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.12, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 845 (S.B. 2153), Sec. 8, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 919 (S.B. 1501), Sec. 10, eff. September 1, 2018.
Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 14.005, eff. September 1, 2018.
Reenacted and amended by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 12.002, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter D. License Requirements › Section 2308.152. General License Application Requirements

Sec. 2308.152.  GENERAL LICENSE APPLICATION REQUIREMENTS.  An applicant for a license under this subchapter must submit to the department:
(1)  a completed application on a form prescribed by the executive director;
(2)  the required fees; and
(3)  any other information required by commission rule.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.12, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter D. License Requirements › Section 2308.153. Incident Management Towing Operator's License

Sec. 2308.153.  INCIDENT MANAGEMENT TOWING OPERATOR'S LICENSE.  (a)  An incident management towing operator's license is required to operate a tow truck permitted under Section 2308.103.
(b)  An applicant for an incident management towing operator's license must:
(1)  hold a valid driver's license issued by a state in the United States; and
(2)  be certified by a program approved by the department.
(c)  A person holding a license described by this section may work at a vehicle storage facility regulated under Chapter 2303.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.12, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 757 (S.B. 702), Sec. 5, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 1057 (H.B. 2615), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter D. License Requirements › Section 2308.154. Private Property Towing Operator's License

Sec. 2308.154.  PRIVATE PROPERTY TOWING OPERATOR'S LICENSE.  (a)  A private property towing operator's license is required to operate a tow truck permitted under Section 2308.104.
(b)  An applicant for a private property towing operator's license must:
(1)  hold a valid driver's license issued by a state in the United States; and
(2)  be certified by a program approved by the department.
(c)  A person holding a license described by this section may work at a vehicle storage facility regulated under Chapter 2303.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.12, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 757 (S.B. 702), Sec. 6, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 1057 (H.B. 2615), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter D. License Requirements › Section 2308.155. Consent Towing Operator's License

Sec. 2308.155.  CONSENT TOWING OPERATOR'S LICENSE.  (a)  A consent towing operator's license is required to operate a tow truck permitted under Section 2308.105.
(b)  An applicant for a consent towing operator's license must hold a valid driver's license issued by a state in the United States.
(c)  A person holding a license described by this section may work at a vehicle storage facility regulated under Chapter 2303.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.12, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 757 (S.B. 702), Sec. 7, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 1057 (H.B. 2615), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter D. License Requirements › Section 2308.156. Nontransferability of License

Sec. 2308.156.  NONTRANSFERABILITY OF LICENSE.  A license issued by the executive director is valid throughout this state and is not transferable.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.12, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter D. License Requirements › Section 2308.157. Requirement for Initial Renewal of Incident Management Towing Operator's License

Sec. 2308.157.  REQUIREMENT FOR INITIAL RENEWAL OF INCIDENT MANAGEMENT TOWING OPERATOR'S LICENSE.  To renew an incident management towing operator's license the first time, a license holder must complete a professional development course relating to incident management towing that is approved and administered by the department.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.12, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 757 (S.B. 702), Sec. 9, eff. September 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.23, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter D. License Requirements › Section 2308.158. Alcohol and Drug Testing of Towing Operators

Sec. 2308.158.  ALCOHOL AND DRUG TESTING OF TOWING OPERATORS.  (a)  A towing company shall establish an alcohol and drug testing policy for towing operators.  A towing company that establishes an alcohol and drug testing policy under this subsection may adopt the model alcohol and drug testing policy adopted by the commission or may use another alcohol and drug testing policy that the department determines is at least as stringent as the policy adopted by the commission.
(b)  The commission by rule shall adopt a model alcohol and drug testing policy for use by a towing company.  The model alcohol and drug testing policy must be designed to ensure the safety of the public through appropriate alcohol and drug testing and to protect the rights of employees.  The model alcohol and drug testing policy must:
(1)  require at least one scheduled drug test each year for each towing operator; and
(2)  authorize random, unannounced alcohol and drug testing for towing operators.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.12, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 757 (S.B. 702), Sec. 10, eff. September 1, 2009.