reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.1000 - Technical Requirements - Facility Fencing Requirements

Current through Reg. 49, No. 28; July 12, 2024
Enclosure and security of stored vehicles.
(1) Fencing. If not enclosed by a five-foot
				high fence on or before September 1, 1985, all VSFs shall be completely
				enclosed by a fence at least six feet high with a gate, which is locked at all
				times when the licensee or an agent or employee is not at the storage lot. No
				two VSFs may operate within the same fenced area.
(2) Security of vehicles.
(A) No vehicle may be stored or kept at any
				licensed VSF unless it is kept inside the fenced or enclosed area at all times.
				For purposes of this subparagraph, the term "enclosed" shall mean inside a
				building.
(B) A vehicle accepted
				for storage in a VSF must be secured to prevent theft of the vehicle or its
				contents, including but not limited to locking doors, closing windows and
				hatchbacks, and raising or covering convertible tops.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.1001 - Technical Requirements - Storage Lot Surface

Current through Reg. 49, No. 28; July 12, 2024
All VSFs shall have an all-weather surface such as concrete,
				  asphalt, black-top, stone, macadam, limestone, iron ore, gravel, shell, or
				  caliche, that enables the safe and effective movement of stored vehicles upon
				  all portions of the lot, both under their own power and under tow, at all
				  times, regardless of prevailing weather conditions. The surface shall also be
				  free of overgrown vegetation.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.1002 - Technical Requirements - Storage Lot Lighting

Current through Reg. 49, No. 28; July 12, 2024
All VSFs shall maintain illumination levels adequate for
				  nighttime release of vehicles. The term "adequate" shall mean sufficient to
				  allow inspection of a vehicle for damage at the time of release. At a minimum,
				  there must be one lighting fixture containing at least a 250-watt element for
				  each 1/4 acre of storage area.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.1003 - Technical Requirements - Storage Lot Signs

Current through Reg. 49, No. 28; July 12, 2024
(a) Facility information. All VSFs shall have
				a clearly visible and readable sign located at the main entrance. The sign
				shall have letters at least 2 inches in height, with a contrasting background,
				be readable at 10 feet, and contain the following information:
(1) the registered name of the storage lot,
				as it appears on the VSF license;
(2) street address;
(3) the telephone number for the owner to
				contact in order to obtain release of the vehicle;
(4) the facility's hours, within one hour of
				which vehicles will be released to vehicle owners; and
(5) the storage lot's state license number
				preceded by the phrase "VSF License Number."
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.1004 - Technical Requirements - Company Records

Current through Reg. 49, No. 28; July 12, 2024
(a) General records to be maintained. Except
				as provided in paragraphs (1) and (2), every vehicle storage facility shall
				maintain at a principal office in Texas all records and information required by
				the department.
(1) Texas firms. If a vehicle
				storage facility wishes to maintain records at a location other than its
				principal office in Texas, the vehicle storage facility shall make a written
				request to the department. A vehicle storage facility may not begin maintaining
				records at an alternate location until the request is approved by the
				department.
(2) Out-of-state firms.
				A vehicle storage facility whose principal business address is located outside
				the state of Texas shall maintain records required under this section at its
				principal office in Texas. Alternatively, a vehicle storage facility may
				maintain such records at an out-of-state facility if the vehicle storage
				facility reimburses the department for necessary travel expenses and per diem
				for any inspections or investigations conducted under this chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.1 - Authority and Purpose

Current through Reg. 49, No. 28; July 12, 2024
This chapter is adopted under the authority of the Texas
				  Occupations Code, Chapter 51 and Chapter 2308. This chapter increases the
				  safety of vehicle towing operators by ensuring that only qualified
				  professionals tow vehicles.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.10 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter will
				  have the following meanings, unless the context clearly shows otherwise:
(1) Advisory board--The Towing and Storage
				Advisory Board.
(2) Applicant--The
				person or entity submitting an application for a permit or license issued by
				the department.
(3) Certificate of
				insurance--A certificate prescribed by and filed with the department in which
				an insurance carrier or surety company, approved in this state, warrants that a
				towing company for whom the certificate is filed has the minimum coverage as
				required by §RSA
				86.400.
(4) Commission--The Texas Commission of
				Licensing and Regulation.
(5)
				Consent tow--Any tow of a motor vehicle in which the tow truck is summoned by
				the owner or operator of the vehicle or by a person who has possession,
				custody, or control of the vehicle. The term does not include an incident
				management tow or a private property tow.
(6) Conspicuous--Written in a size, color,
				and contrast so as to be readily noticed and understood.
(7) Contested case--A proceeding, including a
				licensing proceeding, in which the legal rights, duties, or privileges of a
				party are to be determined by a state agency after an opportunity for
				adjudicative hearing.
(8)
				Department--The Texas Department of Licensing and Regulation.
(9) Driver's License--Has the meaning
				assigned by
				RSA
				521.001, Transportation Code.
(10) Incident--an unplanned randomly
				occurring traffic event that adversely affects normal traffic
				operations.
(11) Incident
				management tow--Any tow of a vehicle in which the tow truck is summoned to the
				scene of a traffic accident or to an incident, including the removal of a
				vehicle, commercial cargo, and commercial debris from an accident or incident
				scene.
(12) License holder or
				Licensee--The person to which the department issued a license.
(13) Nonconsent tow--Any tow of a motor
				vehicle that is not a consent tow, including:
(A) an incident management tow; and
(B) a private property tow.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.200 - Tow Truck Permit - Required

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				tow truck may not be used for towing on the public streets or roads of this
				state unless an appropriate tow truck permit has been issued by the
				department.
(b) A separate permit
				is required for each tow truck.
(c)
				A tow truck permit is valid for not more than one year from the date of
				issuance. A tow truck permit shall expire on the same date as the license
				issued by the department to the tow truck company.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.201 - Tow Truck Permit - Incident Management Towing

Current through Reg. 49, No. 28; July 12, 2024
(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 allowed under §
									RSA
				545.3051, Transportation Code.
(b) To be eligible for an incident management
				towing permit, an applicant must:
(1) submit
				a completed application on a department-approved form;
(2) pay the fee required under
				§RSA 86.800;
(3) verify that the tow truck is equipped to
				tow light-duty or heavy-duty vehicles according to the manufacturer's
				guidelines.
(4) provide proof of
				insurance required under §RSA
				86.400; and
(5) successfully pass a criminal background
				check.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.202 - Tow Truck Permit - Private Property Towing

Current through Reg. 49, No. 28; July 12, 2024
(a) A private property towing permit is
				required for a tow truck used to perform a nonconsent tow authorized by a
				parking facility owner.
(b) To be
				eligible for a private property towing permit, an applicant must:
(1) submit a completed application on a
				department-approved form;
(2) pay
				the fee required under §RSA
				86.800;
(3) verify that the tow truck is equipped to
				tow light-duty or heavy-duty vehicles according to the manufacturer's
				guidelines.
(4) provide proof of
				insurance required under §RSA
				86.400; and
(5) successfully pass a criminal background
				check.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.203 - Tow Truck Permit - Consent Towing

Current through Reg. 49, No. 28; July 12, 2024
(a)
				A consent towing permit is required for a tow truck used to perform a consent
				tow authorized by the vehicle owner, as defined in §RSA
				86.10(22).
(b) To be eligible for a consent towing
				permit, an applicant must:
(1) submit a
				completed application on a department-approved form;
(2) pay the fee required under
				§RSA 86.800;
(3) verify that the tow truck is equipped to
				tow light-duty or heavy-duty vehicles according to the manufacturer's
				guidelines.
(4) provide proof of
				insurance required under §RSA
				86.400; and
(5) successfully pass a criminal background
				check.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.204 - Tow Truck Permit - Approval and Issuance

Current through Reg. 49, No. 28; July 12, 2024
(a) The department will issue a permit under
				this chapter to an applicant who meets the requirements for a permit. The
				department may deny an application or revoke a license if the applicant, a
				partner, principal, officer, or general manager of the applicant 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;
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.205 - Tow Truck Permit - Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				department will send written notice to permit holders at least 30 days before
				the permit expires. The notice will be sent to the permit holder's last known
				address according to the records of the department.
(b) To renew a permit, a permit holder must:
(1) submit a completed application on a
				department-approved form;
(2) pay
				the fee required under §RSA
				86.800;
(3) verify that the tow truck is equipped to
				tow light-duty or heavy-duty vehicles according to the manufacturer's
				guidelines.
(4) provide proof of
				insurance required under §RSA
				86.400; and
(5) successfully pass a criminal background
				check.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.206 - Tow Truck Cab Cards

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				will issue a cab card for each tow truck issued a permit. The cab card will:
(1) show the permit number of the certificate
				issued under these rules;
(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
				a permit issued under these rules.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.207 - Licensing Requirements - Towing Operator License

Current through Reg. 49, No. 28; July 12, 2024
(a) A person shall not perform towing
				operations without an appropriate license issued by the department.
(b) Each type of towing operator license is:
(1) valid for one year from the date of
				issuance;
(2) valid throughout this
				state; and
(3)
				nontransferable.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.208 - Towing Operator Licensing - Approval and Issuance

Current through Reg. 49, No. 28; July 12, 2024
The department will issue a license under this chapter to an
				  applicant who meets the requirements for a towing operator license. The
				  department may deny an application or revoke a license if the applicant
				  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;
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.209 - Licensing Requirements - Incident Management Towing Operator License

Current through Reg. 49, No. 28; July 12, 2024
(a) An incident management towing operator's
				license is required to operate a tow truck permitted or required to be
				permitted under this chapter.
(b)
				An applicant for an incident management towing operator's license must:
(1) submit a completed application on a
				department-approved form;
(2) hold
				a valid driver's license issued by a state in the United States;
(3) be certified by a program approved by the
				department;
(4) successfully pass a
				criminal background check; and
(5)
				pay the fee required under §RSA
				86.800.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.210 - Licensing Requirements - Private Property Towing Operator License

Current through Reg. 49, No. 28; July 12, 2024
(a) A private property towing operator's
				license is required to operate a tow truck permitted or required to be
				permitted under this chapter.
(b)
				An applicant for a private property towing operator's license must:
(1) submit a completed application on a
				department-approved form;
(2) hold
				a valid driver's license issued by a state in the United States;
(3) be certified by a program approved by the
				department;
(4) successfully pass a
				criminal background check; and
(5)
				pay the fee required under §RSA
				86.800.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.211 - Licensing Requirements - Consent Towing Operator License

Current through Reg. 49, No. 28; July 12, 2024
(a) A consent towing operator's license is
				needed to operate a tow truck permitted or required to be permitted under this
				chapter.
(b) An applicant for a
				consent towing operator's license must:
(1)
				submit a completed application on a department-approved form;
(2) hold a valid driver's license issued by a
				state in the United States;
(3)
				successfully pass a criminal background check; and
(4) pay the fee required under
				§RSA 86.800.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.214 - Licensing Renewal - Towing Operators

Current through Reg. 49, No. 28; July 12, 2024
(a) The department will send written notice
				to licensees at least 30 days before the license expires. The notice will be
				sent to the licensee's last known address according to the records of the
				department.
(b) A licensee may
				renew a license under this chapter by:
(1)
				submitting a completed application on a department-approved form;
(2) pay the fee required under
				§RSA 86.800;
(3) meet the applicable continuing education
				requirements;
(4) successfully pass
				a criminal background check; and
(5) if the applicant for renewal has within
				the preceding 12-month period tested positive for drugs or alcohol under
				§RSA
				86.710, the applicant must submit a negative
				drug or alcohol test to the department.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.215 - Licensing Requirements - Towing Company License Required

Current through Reg. 49, No. 28; July 12, 2024
(a) A person shall not operate a towing
				company or operate as a towing company without a towing company license issued
				by the department.
(b) To be
				eligible for a towing company license, an applicant must:
(1) submit a completed application on a
				department-approved form;
(2) pay
				the fee required under §RSA
				86.800;
(3) successfully pass a criminal background
				check;
(4) provide the name, and
				address of each partner if the applicant is a partnership;
(5) provide the name, and address of each
				corporate officer, including the president, secretary, and treasurer, if the
				applicant is a corporation;
(6)
				provide the name, and address of each owner of the towing company and the
				percentage of ownership interest each holds in the company;
(7) provide the name, and address of the
				operator or manager of the towing company if it is not operated or managed by
				one of the owners;
(8) provide the
				towing company's physical address, mailing address, and telephone number;
				and
(9) adopt the drug and alcohol
				testing policy provided in this chapter or file a drug and alcohol testing
				policy for approval under this chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.216 - Towing Company License - Approval and Issuance

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon receipt of an application for a
				towing company license, the department will review the application to verify
				the qualifications of the applicant.
(b) If an applicant is qualified under this
				chapter, the department will issue a towing company license to the
				applicant.
(c) If an applicant is
				determined to be not qualified under this chapter, the department will advise
				the applicant in writing of the reasons the applicant is not qualified or the
				deficiencies in the application.
(d) The department may deny a towing company
				license application or revoke a license 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;
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.217 - Towing Company License Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				department will notify the license holder at least 30 days before the date a
				license expires. The notice will be in writing and sent to the license holder's
				last known address according to the records of the department.
(b) To renew a towing company license, an
				applicant must:
(1) submit a completed
				application on a department-approved form;
(2) pay the applicable fee required under
				§RSA 86.800; and
(3) successfully pass a criminal background
				check.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.218 - Department Notifications to Licensee or Permit Holder

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless otherwise provided for by statute
				or this chapter, the department may send notice of department proposed actions
				and decisions through email sent to the last email address designated by the
				licensee or permit holder.
(b) A
				person licensed as a tow company must provide to the department, if available,
				a valid email address and shall maintain the email address on file with the
				department during the term of the license.
(c) A person licensed as a towing operator
				must provide the department, if available, a valid email address and shall
				maintain the email address on file with the department during the term of the
				license.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.225 - Emergency Consent Tow Truck Permit, Consent Tow Operator License, and Tow Company License

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				may issue an emergency consent tow truck permit, emergency consent tow operator
				license, or emergency tow company license if:
(1) the Governor of the State of Texas
				declares a disaster under Government Code, §
										RSA
				418.014;
(2) the executive director determines that
				enacting these emergency tow provisions are necessary in that disaster area;
				and
(3) the applicant meets the
				requirements in §§RSA
				86.226,
				RSA
				86.227 or
				RSA
				86.228.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.226 - Emergency Consent Tow Truck Permit

Current through Reg. 49, No. 28; July 12, 2024
(a)
				To be eligible for an emergency consent tow truck permit, an applicant must:
(1) submit a completed application on a
				department-approved form;
(2)
				provide proof of insurance required under §RSA
				86.400;
(3) verify that the tow truck is equipped to
				tow light-duty or heavy-duty vehicles according to the manufacturer's
				guidelines;
(4) successfully pass a
				criminal background check; and
(5)
				pay the consent tow truck permit fee required under §RSA
				86.800.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.227 - Emergency Consent Tow Operator License

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible for an emergency consent
				tow operator's license, an applicant must:
(1) submit a completed application on a
				department-approved form;
(2) hold
				a valid driver's license issued by a state in the United States;
(3) successfully pass a criminal background
				check; and
(4) pay the consent tow
				operator license fee required under §RSA
				86.800.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.228 - Emergency Tow Company License

Current through Reg. 49, No. 28; July 12, 2024
(a) To
				be eligible for an emergency tow company license, an applicant must:
(1) submit a completed application on a
				department-approved form;
(2)
				provide the name and address of each partner if the applicant is a
				partnership;
(3) provide the name
				and address of each corporate officer, including the president, secretary, and
				treasurer, if the applicant is a corporation;
(4) provide the name and address of each
				owner of the towing company and the percentage of ownership interest each holds
				in the company;
(5) provide the
				name and address of the operator or manager of the towing company if it is not
				operated or managed by one of the owners;
(6) provide the towing company's physical
				address, mailing address, and telephone number; and
(7) pay the tow company license fee required
				under §RSA
				86.800.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.250 - License Requirements - Towing Operator Continuing Education

Current through Reg. 49, No. 28; July 12, 2024
(a) Terms used in this section have the
				meanings assigned by Chapter 59 of this title, unless the context indicates
				otherwise.
(b) To renew a towing
				operator license, a licensee must complete a total of 4 hours of continuing
				education through Department-approved courses. The continuing education hours
				must include the following:
(1) 1 hour in
				roadway safety;
(2) 1 hour in Texas
				law and rules that regulate the conduct of towing operators; and
(3) 2 hours in any topic listed in subsection
				(g), including subsection (g)(1) and (g)(2).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.400 - Insurance Requirements - Tow Truck Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant for a tow truck permit is
				responsible for ensuring the electronic submission of a certificate of
				insurance when applying for an initial license or permit, submitting a license
				or permit renewal, changing a business name or affiliation, and upon request of
				the department.
(b) The certificate
				of insurance must be obtained from and submitted by an insurance company
				licensed and authorized to do business in Texas pursuant to the Texas Insurance
				Code.
(c) The name and address of
				the applicant, licensee, or permit holder shown on the certificate of insurance
				form must be the same as the name and address on the application or permit. The
				applicant or permit holder is responsible for ensuring that the insurance
				information on file with the department reflects the correct name and address
				of the insured.
(d) Coverage.
(1) Tow truck permit applicants and permit
				holders must obtain insurance for each permitted tow truck that meets the
				following requirements:
(A) Incident
				Management Towing
(i) a minimum of $500,000
				liability insurance per tow truck per incident, which is combined single limit
				liability for bodily injury to or death of an individual per occurrence, loss
				or damage (excluding cargo) per occurrence, or both; and
(ii) a minimum of $50,000 of cargo or cargo
				on hook insurance per tow truck per incident.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.450 - Inspections-General

Current through Reg. 49, No. 28; July 12, 2024
(a) Towing companies shall be inspected in
				accordance with Texas Occupations Code, Chapter 51, and the inspection rules
				under 16 Texas Administrative Code, Chapter 60, Subchapter H.
(b) The department may make information
				available to licensees and managers regarding best practices for risk-reduction
				techniques.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.455 - Private Property Tow Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) For
				purposes of this section:
(1) light-duty means
				the tows of motor vehicles with a gross weight rating of 10,000 pounds or
				less;
(2) medium-duty means the
				tows of motor vehicles with a gross weight rating of more than 10,000 pounds,
				but less than 25,000 pounds;
(3)
				heavy-duty means the tows of motor vehicles with a gross weight rating that
				exceeds 25,000 pounds; and
(4) drop
				charge means the maximum that may be charged for the release of the vehicle
				before its removal from the property or parked location.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.458 - Fees for Nonconsent Tows, Refunds

Current through Reg. 49, No. 28; July 12, 2024
(a)
				A license or permit holder may not charge a fee for a nonconsent tow that is
				greater than a nonconsent tow established under Texas Occupations Code, §
									RSA
				2308.2065.
(b) A license or permit holder may not charge
				a fee for a service related to a nonconsent tow that is not included in the
				list of fees established under Texas Occupations Code, §
									RSA
				2308.2065.
(c) The department may require a license or
				permit holder to refund to a vehicle owner or operator the amount charged to
				the owner or operator in excess of the amounts established by Texas Occupations
				Code.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.500 - Reporting Requirements - Towing Company

Current through Reg. 49, No. 28; July 12, 2024
(a) If a political subdivision begins
				regulating nonconsent tow fees, the towing company must update the fee
				schedules provided to the VSF and used by the towing company before the 30th
				day after the ordinance goes into effect.
(b) Any changes in nonconsent tow fees
				regulated by a political subdivision must be provided to the VSF by the towing
				company before the 30th day after the effective date of the change.
(c) Complete lists required. Each time a
				towing company provides a nonconsent towing fee schedule to the VSF, the towing
				company must include a complete list of all nonconsent towing fees charged by
				the towing company. Partial towing fee schedules are not acceptable. Each fee
				schedule required by this chapter is a complete schedule of all nonconsent
				towing fees of the company.
(d) If
				a municipality establishes private property tow fees that are less than the
				private property tow fees authorized by §RSA
				86.455, the fee schedule must separately
				identify those municipalities and list each authorized fee.
(e) If a municipality establishes private
				property tow fees that are greater than the private property tow fees
				authorized by this section, the private property tow fee schedule may not
				exceed each fee authorized by §86.455.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.650 - Towing and Storage Advisory Board

Current through Reg. 49, No. 28; July 12, 2024
(a) The advisory board consists of the nine
				members appointed by the chairman of the commission with the approval of the
				commission. The nine members include:
(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 peace officer from a
				county with a population of less than one-million;
(6) one peace officer from a county with a
				population of one-million or more;
(7) one parking facility
				representative;
(8) one
				representative of a member insurer, as defined by Section
				RSA
				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.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.700 - Responsibilities of Tow Truck Permit Holder and Tow Truck Operator - Storage of Towed Vehicles

Current through Reg. 49, No. 28; July 12, 2024
(a) A towing
				company or tow truck operator that performs an incident management or
				nonconsent tow may only tow the vehicle to one of the following locations:
(1) a vehicle storage facility operated by a
				person who holds a vehicle storage facility license issued by the department;
				or
(2) a location other than a
				vehicle storage facility licensed by the department that is specifically
				requested and authorized by the vehicle owner or operator and to which a towing
				company or tow truck operator agrees to take the vehicle.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.701 - Responsibilities of Tow Truck Permit Holder - Tow Truck Signage

Current through Reg. 49, No. 28; July 12, 2024
(a) A tow truck permit holder must display on
				each permitted tow truck:
(1) the permit
				holder's name;
(2) the permit
				holder's publicly listed telephone number;
(3) the city and state where the permit
				holder is located; and
(4) the
				permit number for the tow truck.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.702 - Responsibilities of Licensee and Permit Holder - Change Name, Address, or Drug and Alcohol Testing Policy

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				licensee or permit holder shall notify the department of changes to any of
				following information:
(1) change in the
				licensee's or permit holder's name no later than the effective date of the
				change;
(2) change of the
				licensee's or permit holder's mailing or physical address, and email address,
				no later than the effective date of the change; or
(3) change in the licensee's drug and alcohol
				testing policy no later than 30 days before the effective date of the
				change.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.703 - Responsibilities of Towing Company - Change of Ownership

Current through Reg. 49, No. 28; July 12, 2024
A towing company must file an original application for
				  licensure when there is a change in the ownership of the company, including but
				  not limited to, a corporate merger or a change in the sole proprietorship or
				  partnership.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.705 - Responsibilities of Towing Company - Standards of Conduct

Current through Reg. 49, No. 28; July 12, 2024
(a) Except for signs required by Texas
				Occupations Code, §
									RSA
				2308.301, a towing company may not directly
				or indirectly give anything of value to a parking facility owner in connection
				with the removal of a vehicle from a parking facility.
(b) A towing company may not have a direct or
				indirect monetary interest in a parking facility from which the towing company
				for compensation removes unauthorized vehicles.
(c) A towing company may not tow a vehicle to
				a vehicle storage facility unless the vehicle storage facility is in compliance
				with the required postings in Texas Occupations Code, §
				2308.207.
(d) A towing company may
				not remove and store an unauthorized vehicle unless authorized by Texas
				Occupations Code, §
									RSA
				2308.255.
(e) A towing company may not perform a
				nonconsent tow unless the property from which the vehicle is towed is in
				compliance with Texas Occupations Code, §§
									RSA
				2308.301 -
				RSA
				2308.305.
(f) Except as authorized by Texas Occupations
				Code, §§
									RSA
				2308.351 -
				RSA
				2308.354, a towing company may not perform a
				nonconsent tow from:
(1) a leased
				right-of-way;
(2) an area between a
				parking facility and a public right-of-way;
(3) a public right-of-way; or
(4) a public roadway.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.706 - Responsibilities of Towing Company - Required Postings at Vehicle Storage Facility (VSF)

Current through Reg. 49, No. 28; July 12, 2024
(a) A towing
				company must provide its nonconsent towing fees schedule to all VSF's to which
				the towing company delivers vehicles for storage.
(b) The nonconsent towing fees schedule
				provided to the VSF and made available to the public at the VSF must match the
				nonconsent towing fees schedule on file with the department.
(c) A towing company may not collect
				nonconsent towing fees unless the VSF accepting nonconsent towed vehicles post
				a sign in one inch letters stating "Nonconsent tow fees schedules available on
				request."
(d) The nonconsent towing
				fees schedule must be made available to any requestor during normal business
				hours of the VSF.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.708 - Responsibilities of Towing Company - Tow Truck License Plates

Current through Reg. 49, No. 28; July 12, 2024
Unless allowed by another law or regulation, a towing company
				  or tow truck operator must not operate or cause a tow truck to be operated on
				  the public roadways of this State unless the tow truck displays current license
				  plates that include the words "Tow Truck."
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.709 - Responsibilities of Towing Company - Tow Ticket

Current through Reg. 49, No. 28; July 12, 2024
(a) A towing company must prepare and issue a
				tow ticket for each nonconsent tow.
(b) A copy of the tow ticket must be given to
				the vehicle owner, if the owner or operator is present and available at the
				time of the tow, and a copy delivered to the vehicle storage facility, or place
				agreed upon by the towing operator and vehicle owner.
(c) The tow ticket shall only authorize
				charges directly related to towing the vehicle to a designated location
				authorized by subsection (b).
(d)
				The tow ticket shall itemize each charge and must characterize the fees using
				the identical fee structure stated in the towing company's nonconsent towing
				fee schedule on file with the VSF.
(e) The tow ticket must contain the licensed
				name of the towing company, publicly listed telephone number, towing company
				certificate of registration number, and the TDLR license number of the towing
				operator.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.711 - Responsibilities of Towing Company - Honesty, Trustworthiness, and Integrity

Current through Reg. 49, No. 28; July 12, 2024
A towing company must conduct towing operations with honesty,
				  trustworthiness, and integrity.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.715 - Responsibilities of Towing Operators - Standards of Conduct

Current through Reg. 49, No. 28; July 12, 2024
(a) A towing operator may not charge a fee
				for a nonconsent tow that is greater than the statewide fee or nonconsent tow
				fee approved by Texas Occupations Code, §
									RSA
				2308.2065.
(b) A towing operator may not charge a fee
				related to a nonconsent tow unless that fee is authorized by the statewide fee
				or nonconsent tow fees approved by Texas Occupations Code, §
									RSA
				2308.2065.
(c) A towing operator must allow department
				personnel and law enforcement to inspect a tow truck permitted under this
				chapter.
(d) A towing operator must
				perform each tow in a safe and competent manner based on the circumstances and
				type of vehicle under tow.
(e)
				During the term of the towing operator license, a towing operator must maintain
				a current valid driver's license. An occupational driver's license does not
				meet the requirements of this chapter.
(f) A towing operator may not tow a vehicle
				to a vehicle storage facility unless the vehicle storage facility displays a
				TDLR license number.
(g) A towing
				operator may not remove and store an unauthorized vehicle unless authorized by
				Texas Occupations Code, §
									RSA
				2308.255.
(h) A towing operator may not perform a
				nonconsent tow unless the property from which the vehicle is towed is in
				compliance with Texas Occupations Code, §§
									RSA
				2308.301 -
				RSA
				2308.305.
(i) Except as authorized by Texas Occupations
				Code, §§
									RSA
				2308.351 -
				RSA
				2308.354, a towing operator may not perform a
				nonconsent tow from:
(1) a leased
				right-of-way;
(2) an area between a
				parking facility and a public right-of-way;
(3) a public right-of-way; or
(4) a public roadway.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.800 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Application Fees
(1) Permit Tow Truck
(A) Original Application--$75
(B) Renewal--$75
(C) Duplicate Permit--No charge
(D) Permit Amendment--$25
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.900 - Sanctions and Administrative Penalties

Current through Reg. 49, No. 28; July 12, 2024
A person that violates Texas Occupations Code, Chapter 2308,
				  a rule, or an order of the Executive Director or Commission relating to Texas
				  Occupations Code, Chapter 2308, will be subject to administrative sanctions
				  and/or administrative penalties under Texas Occupations Code, Chapters 51 and
				  2308 and applicable agency rules.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.901 - Cease and Desist Order

Current through Reg. 49, No. 28; July 12, 2024
The executive director may issue a cease and desist order as
				  necessary to enforce this chapter if the executive director determines the
				  action is necessary to prevent a violation of this chapter and to protect
				  public health and safety.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.902 - Requirement to Reimburse

Current through Reg. 49, No. 28; July 12, 2024
A license or permit holder charging a fee greater than the
				  fee listed on its most recent fee schedule submitted to the department or a fee
				  not listed on its most recent fee schedule submitted to the department may be
				  ordered to reimburse the vehicle owner or operator of the over charges and
				  unauthorized charges.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.903 - Enforcement of Unpaid Judgments

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				department shall suspend a license holder's license on the license holder's
				failure to pay a final judgment awarded to an owner or operator of a vehicle
				before the 60th day after the date of the final judgment. The department must
				provide notice of the suspension to the license holder at least 30 days before
				the date the license is to be suspended.
(b) The owner or operator of the vehicle
				shall submit a certified copy of the final judgment to the
				department.
(c) On receipt of the
				certified copy of the unpaid final judgment, the department shall disqualify a
				person from renewing a license or permit or deny the person the opportunity of
				taking a licensing examination on the grounds that the person, towing company,
				or vehicle storage facility has not paid a final judgment awarded to an owner
				or operator of a vehicle.
(d) The
				department shall reinstate the license on submission of evidence satisfactory
				to the department of payment of the final judgment by the person, towing
				company, or vehicle storage facility.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.1000 - Technical Requirements - Tow Truck Safety Equipment and Truck Operations

Current through Reg. 49, No. 28; July 12, 2024
(a) Each tow truck shall, if applicable:
(1) have a legible manufacturer's data plate
				indicating the capacity of the boom, the winch or the carry mechanism;
				or
(2) have a document in the truck
				from the manufacturer stating the capacity of the boom, the winch and the carry
				mechanism.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 86 - VEHICLE TOWING AND BOOTING › Section 86.1001 - Technical Requirements - Towing Operator Safety Clothing and Identification

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Towing operators, as a condition of their license must comply with the
				protective clothing policy.
(b)
				Towing operators must wear a reflective vest, shirt, or reflective jacket at
				all times while working outside the tow truck; the reflective vest, shirt, or
				reflective jacket must meet the ANSI/ISEA requirements for high visibility
				safety apparel at all times when using or assisting in the use or operation of
				a licensed tow truck on a road or road related area.
(c) When performing towing operations, all
				tow truck operators must carry and openly display the appropriate TDLR issued
				original towing operator license.
(d) Towing operators permitted under
				§RSA
				86.211 are exempt from the requirements of
				subsection (b).