page 27 of 29 86.400. Insurance Requirements--Tow Truck Permits.(cont.)
(f) Insolvency of insurance carrier. If an insurer for a tow truck permit holder becomes insolvent, is placed in receivership, or has its certificate of authority suspended or revoked and if the tow truck permit holder no longer has insurance coverage as required by these rules, the tow truck permit holder shall file with the department, not later than the 10th day after the date the coverage lapses:
(1) Evidence of insurance as required by these rules; and
(2) An affidavit that:
(A) Indicates that an accident from which the tow truck permit holder may incur liability did not occur while the coverage was not in effect; or
(B) Contains a plan acceptable to the department indicating how the tow truck permit holder will satisfy claims of liability against the tow truck permit holder for an accident that occurred while the coverage was not in effect.
(g) Notices. The department will notify the Texas Department of Public Safety and other law enforcement agencies of each tow truck permit that has been revoked for failure to maintain the required insurance coverage Source Note:The provisions of this §86.400 adopted to be effective April 15, 2008, 33 TexReg 2940
86.450. Inspections – General
(a) Towing companies shall be inspected in accordance with Texas Occupations Code, Chapter 51, and the inspection rules under 16 Texas Administrative Code, Chapter 60, Subchapter H.
(b) The department may make information available to licensees and managers regarding best practices for risk-reduction techniques. Source Note:The provisions of this §86.450 adopted to be effective April 15, 2008, 33 TexReg 2940 ; amended to be effective January 15, 2018, 43 TexReg 90; amended to be effective January 15, 2023, 48 TexReg 40
86.455. Private Property Tow Fees
(a) For purposes of this section:
(1) light-duty means the tows of motor vehicles with a gross weight rating of 10,000 pounds or less;
(2) medium-duty means the tows of motor vehicles with a gross weight rating of more than 10,000 pounds, but less than 25,000 pounds;
(3) heavy-duty means the tows of motor vehicles with a gross weight rating that exceeds 25,000 pounds; and
(4) drop charge means the maximum that may be charged for the release of the vehicle before its removal from the property or parked location.
(b) The maximum amount that may be charged for private property tows is as follows:
(1) light-duty tows--$272;
(2) medium-duty tows--$380; and
(3) heavy-duty tows--$489 per unit or a maximum of $978.
(c) If the owner, authorized operator, or authorized agent of the owner of a motor vehicle that is parked without the authorization of the property owner attempts to retrieve the motor vehicle before its removal from the property or parked location, the maximum amount that may be charged for a drop charge (if the motor vehicle is hooked up) is:
(1) light duty tows--$135;
(2) medium duty tows--$190; and
(3) heavy duty tows--$244.
(d) If an owner, authorized operator, or authorized agent of the owner of a motor vehicle is present before the removal from the property or parked location the towing operator shall advise the owner, authorized operator, or authorized agent of the owner of a motor vehicle that he or she may offer payment of the towing drop charge.
(e) For purposes of this section, a tow company must accept cash, credit cards and debit cards as payment for the drop charge. Source Note:The provisions of this §86.455 adopted to be effective September 1, 2010, 35 TexReg 7788; amended to be effective January 16, 2012, 37 TexReg 116; amended to be effective March 1, 2015, 40 TexReg 701; amended to be effective November 1, 2021, 46 TexReg 7400
86.458. Fees for Nonconsent Tows, Refunds
(a) A license or permit holder may not charge a fee for a nonconsent tow that is greater than a nonconsent tow established under Texas Occupations Code, §2308.2065.
(b) A license or permit holder may not charge a fee for a service related to a nonconsent tow that is not included in the list of fees established under Texas Occupations Code, §2308.2065.
(c) The department may require a license or permit holder to refund to a vehicle owner or operator the amount charged to the owner or operator in excess of the amounts established by Texas Occupations Code. Source Note:The provisions of this §86.458 adopted to be effective January 16, 2012, 37 TexReg 116
86.705. Responsibilities of Towing Company--Standards of Conduct.
(a) Except for signs required by Texas Occupations Code, §2308.301, a towing company may not directly or indirectly give anything of value to a parking facility owner in connection with the removal of a vehicle from a parking facility.
(b) A towing company may not have a direct or indirect monetary interest in a parking facility from which the towing company for compensation removes unauthorized vehicles.
(c) A towing company may not tow a vehicle to a vehicle storage facility unless the vehicle storage facility is in compliance with the required postings in Texas Occupations Code, §2308.207.
(d) A towing company may not remove and store an unauthorized vehicle unless authorized by Texas Occupations Code, §2308.255.
(e) A towing company may not perform a nonconsent tow unless the property from which the vehicle is towed is in compliance with Texas Occupations Code, §§2308.301-2308.305.
(f) Except as authorized by Texas Occupations Code, §§2308.351-2308.354, a towing company may not perform a nonconsent tow from:
(1) a leased right-of-way;
(2) an area between a parking facility and a public right-of-way;
(3) a public right-of-way; or
(4) a public roadway.
(g) A towing company may not contract for the removal from a parking facility of a vehicle that does not display an unexpired license plate or registration insignia or a valid inspection certificate, unless the towing company notes on the tow ticket the:
(1) name of the person or company that authorized the tow;
(2) telephone number of the company or person that authorized the tow; and
(3) date of compliance with the notice provisions in Texas Occupations Code, §2308.253(e).
(h) A towing company or towing operator may not charge a fee for a nonconsent tow that is greater than the fee listed in the schedule most recently submitted to the department.
(i) A towing company or towing operator may not charge a fee related to a nonconsent tow that is not listed in the schedule most recently submitted to the department.