page 24 of 29 86.211. Licensing Requirements--Consent Towing Operator License
(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 §86.800.
Source Note:The provisions of this §86.211 adopted to be effective May 3, 2010, 35 TexReg 3486
86.214. Licensing Renewal--Towing Operators.
(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 §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 §86.710, the applicant must submit a negative drug or alcohol test to the department.
(c) To renew and maintain continuous licensure, the renewal requirements under this section must be completed prior to the expiration of the license. A late renewal means the licensee will have an unlicensed period from the expiration date of the expired license to the issuance date of the renewed license. During the unlicensed period, a tow truck operator may not operate a tow truck on the public roadways of this state.
(d) Non-receipt of a license renewal notice from the department does not exempt a person from any requirements of this chapter. Source Note:The provisions of this §86.214 adopted to be effective May 3, 2010, 35 TexReg 3486
86.218. Department Notifications to Licensee or Permit Holder
(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. Source Note:The provisions of this §86.218 adopted to be effective May 3, 2010, 35 TexReg 3486; amended to be effective March 15, 2014, 39 TexReg 1706
86.225. Emergency Consent Tow Truck Permit, Consent Tow Operator License, and Tow Company License
(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, §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 §§86.226, 86.227 or 86.228.
(b) An emergency license will expire ninety (90) days after issuance, and:
(1) is valid only for towing operations that originate in the disaster area designated by the governor;
(2) is valid only during the time of the declared disaster for towing operations that originate within the declared disaster area; and
(3) may be renewed for an additional ninety (90) days if the disaster or disaster recovery period extends beyond eighty (80) days.
Source Note:The provisions of this §86.225 adopted to be effective March 15, 2016, 41 TexReg 1683
86.226. Emergency Consent Tow Truck Permit
(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 §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 §86.800.
(b) An emergency consent tow truck permitted under this section must:
(1) carry a copy of the cab card in the cab of each permitted emergency consent tow truck;
(2) display on each permitted emergency consent tow truck, the permit holder's name and telephone number as listed on the application for an emergency consent tow truck permit; and
(3) meet the requirements in §86.1000 applicable to consent tow operators.
(c) If the information required by subsection (b)(2) is not permanently affixed to the tow truck, the required sign may be affixed by use of magnetic signs on both sides of the tow truck, 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. Source Note:The provisions of this §86.226 adopted to be effective March 15, 2016, 41 TexReg 1683
86.227. Emergency Consent Tow Operator License
(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 §86.800.
(b) An emergency consent tow operator licensed under this section must:
(1) allow department and law enforcement personnel to inspect each tow truck; and
(2) when performing towing operations carry their TDLR emergency consent tow operator license.
Source Note:The provisions of this §86.227 adopted to be effective March 15, 2016, 41 TexReg 1683
86.250. License Requirements--Towing Operator Continuing Education.
(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).