page 2 of 29 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.
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.
SUBCHAPTER D. LICENSE REQUIREMENTS
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.
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.
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.
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.
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.
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.
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.
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.