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