page 26 of 29 86.250. License Requirements--Towing Operator Continuing Education. (cont.)
(c) For a timely renewal, the continuing education hours must have been completed within the term of the current license. For a late renewal, the continuing education hours must have been completed within the one-year period immediately prior to the date of renewal.
(d) A licensee will not receive continuing education hours for attending the same course more than once.
(e) A licensee will receive continuing education hours for only those courses that are approved by the Department, under procedures prescribed by the Department.
(f) A licensee must retain a copy of the certificate of completion for a course for two years after the date of completion. In conducting any inspection or investigation of the licensee, the Department may examine the licensee’s records to determine compliance with this subsection.
(g) To be approved by the Department under Chapter 59 of this title, a provider’s course must be dedicated to instruction in one or more of the following topics:
(1) Texas law and rules that regulate the conduct of towing operators;
(2) Roadway safety;
(3) Driver safety;
(4) Towing techniques;
(5) Equipment operation and safety; and
(6) Customer service and documentation.
(h) A Department-approved course may be offered until the expiration of the course approval or until the provider ceases to hold an active provider registration, whichever occurs first.
(i) A provider shall pay to the Department a continuing education record fee of $5 for each licensee who completes a course for continuing education credit. A provider’s failure to pay the record fee for courses completed may result in disciplinary action against the provider, up to and including revocation of the provider’s registration under §59.90 of this title.
(j) To renew an incident management towing operator's license the first time, a licensee must complete, in lieu of the requirements stated in subsections (b), (c), and (g), a professional development course relating to towing that:
(1) Consists of at least 8 hours of training, of which:
(A) At least 2 hours are live demonstration and hands-on training;
(B) At least 2 hours are classroom training; and
(C) Any remaining hours are classroom training or live demonstration and hands-on training;
(2) Is dedicated to instruction in the following topics:
(A) how light-duty tow trucks work;
(B) Towing with a wheel lift;
(C) Towing with a tow sling;
(D) Using tow dollies;
(E) Car carrier operation;
(F) Vehicle recovery;
(G) light-duty tow trucks;
(H) Field procedures;
(I) vehicle maintenance; and
(J) Safety; and
(3) Is offered by or through a Department-approved provider, including a community college, college, or university.
(k) This section shall apply to licensees, providers, and courses upon the effective date of this section.
(l) Notwithstanding any other provision of this section or Chapter 59 of this title, a licensee may receive credit under subsection (j) for a course that the licensee completed before the effective date of this section if:
(1) The course satisfies the requirements of subsection (j)(1) and (j)(2); and
(2) The licensee furnishes to the Department a certificate of completion or other evidence satisfactory to the Department of completion of the course.
(m) Notwithstanding any other provision of this section or Chapter 59 of this title, a licensee may receive credit under subsection (b) for a course if:
(1) The course is a department-approved Strategic Highway Research Program 2 (SHRP2) course; and
(2) The course is taught by a department-approved provider
Source Note:The provisions of this §86.250 adopted to be effective January 12, 2009, 34 TexReg 200; amended to be effective September 30, 2014, 39 TexReg 7294
86.400. Insurance Requirements--Tow Truck Permits.
(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.
(B) Private Property Towing
(i) a minimum of $300,000 of 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.
(C) Consent Towing. A minimum of $300,000 of 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 or cargo on hook) per occurrence, or both.
(2) Insurance covering permitted tow trucks must be kept in full force and effect at all times.
(3) The certificate of insurance must contain a provision obligating the insurer give the department thirty days notice before the effective date of a policy cancellation date.
(e) Replacement insurance filing.
(1) The department will consider a new insurance filing as the current record of financial responsibility required by this section if:
(A) the new insurance filing is received by the department; and
(B) a cancellation notice has not been received for previous insurance filings.
(2) The department may revoke a license if the insurance has been canceled and a replacement policy has not been filed prior to the cancellation date.