page 23 of 29 86.204. Tow Truck Permit – Approval and Issuance
(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;
(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;
(5) filed an application to permit a tow truck previously permitted by a license or permit holder; or
(6) the applicant has had a permit revoked under this chapter.
(b) The department will issue a certificate containing a single unique permit number for each tow truck, regardless of whether the permit holder holds more than one permit. Source Note:The provisions of this §86.204 adopted to be effective April 15, 2008, 33 TexReg 2940; amended to be effective May 3, 2010, 35 TexReg 3486
86.205. Tow Truck Permit – Renewal
(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 §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 §86.400; and
(5) successfully pass a criminal background check.
(c) To renew and maintain continuous licensure, the renewal requirements under this section must be completed prior to the expiration of the permit. A late renewal means the permit holder will have an un-permitted period from the expiration date of the expired permit to the issuance date of the renewed permit. During the un-permitted period, a tow truck may not be used for towing on the public roadways of this state.
(d) Non-receipt of a permit renewal notice from the department does not exempt a person from any requirements of these rules. Source Note:The provisions of this §86.205 adopted to be effective April 15, 2008, 33 TexReg 2940
86.206. Tow Truck Cab Cards
(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.
(b) The department will issue a cab card when the department issues or renews a permit.
(c) A permit holder must keep a copy of the cab card in the cab of each permitted tow truck.
(d) If an original cab card is lost, stolen, destroyed, or mutilated, if it becomes illegible, or if it otherwise requires replacement, the permit holder, can request that the department issue a new cab card.
(e) The department may require a permit holder to surrender the original cab card if the permit is suspended or revoked. Source Note:The provisions of this §86.206 adopted to be effective April 15, 2008, 33 TexReg 2940
86.207. Licensing Requirements--Towing Operator License
(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.
Source Note:The provisions of this §86.207 adopted to be effective April 15, 2008, 33 TexReg 2940; amended to be effective March 15, 2014, 39 TexReg 1706
86.208. Towing Operator Licensing--Approval and Issuance
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;
(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;
(5) filed an application to permit a tow truck previously permitted by a license or permit holder; or
(6) the applicant has had a permit or license revoked under this chapter. Source Note:The provisions of this §86.208 adopted to be effective May 3, 2010, 35 TexReg 3486
86.209. Licensing Requirements--Incident Management Towing Operator License
(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 §86.800.
Source Note:The provisions of this §86.209 adopted to be effective May 3, 2010, 35 TexReg 3486
86.210. Licensing Requirements--Private Property Towing Operator License.
(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 §86.800.
Source Note:The provisions of this §86.210 adopted to be effective May 3, 2010, 35 TexReg 3486