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AN ACT
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relating to the exclusion of certain car haulers from the |
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definition of tow truck for purposes of certain laws regulating |
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motor vehicle towing. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2308.002(11), Occupations Code, is |
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amended to read as follows: |
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(11) "Tow truck" means a motor vehicle, including a |
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wrecker, equipped with a mechanical device used to tow, winch, or |
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otherwise move another motor vehicle. The term does not include: |
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(A) a motor vehicle owned and operated by a |
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governmental entity, including a public school district; |
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(B) a motor vehicle towing: |
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(i) a race car; |
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(ii) a motor vehicle for exhibition; or |
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(iii) an antique motor vehicle; |
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(C) a recreational vehicle towing another |
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vehicle; |
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(D) a motor vehicle used in combination with a |
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tow bar, tow dolly, or other mechanical device if the vehicle is not |
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operated in the furtherance of a commercial enterprise; |
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(E) a motor vehicle that is controlled or |
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operated by a farmer or rancher and used for towing a farm vehicle; |
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(F) a motor vehicle that: |
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(i) is owned or operated by an entity the |
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primary business of which is the rental of motor vehicles; and |
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(ii) only tows vehicles rented by the |
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entity; |
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(G) a truck-trailer combination that is owned or |
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operated by a dealer licensed under Chapter 2301 and used to |
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transport new vehicles during the normal course of a documented |
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transaction in which the dealer is a party and ownership or the |
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right of possession of the transported vehicle is conveyed or |
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transferred; or |
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(H) a car hauler that is used solely to |
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transport, other than in a consent or nonconsent tow, motor |
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vehicles as cargo: |
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(i) in the course of: |
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(a) a prearranged shipping |
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transaction; or |
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(b) a commercial transaction for |
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transport of a damaged vehicle arranged or authorized by an |
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insurance company and delivered to a salvage pool operator as |
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defined by Section 2302.001; or |
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(ii) for use in mining, drilling, or |
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construction operations. |
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SECTION 2. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 860 passed the Senate on |
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April 9, 2021, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 28, 2021, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 860 passed the House, with |
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amendment, on May 20, 2021, by the following vote: Yeas 143, |
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Nays 2, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |