TEXAS OCCUPATIONS CODE
TITLE 14. REGULATION OF MOTOR VEHICLES AND TRANSPORTATION
SUBTITLE A. REGULATIONS RELATED TO MOTOR VEHICLES
CHAPTER 2308. VEHICLE TOWING AND BOOTING
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.
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.
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(d) Repealed by Acts 2017, 85th Leg., R.S., Ch. 919 (S.B. 1501), Sec. 20 (a) (4), and Ch. 967 (S.B. 2065), Sec. 14.012(a)(2), eff.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.
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.
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.
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.
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.
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.