16 Tex. Admin. Code § 86.715 - Responsibilities of Towing Operators - Standards of Conduct

(a) A towing operator may not charge a fee for a nonconsent tow that is greater than the statewide fee or nonconsent tow fee approved by Texas Occupations Code, § RSA 2308.2065.

(b) A towing operator may not charge a fee related to a nonconsent tow unless that fee is authorized by the statewide fee or nonconsent tow fees approved by Texas Occupations Code, § RSA 2308.2065.

(c) A towing operator must allow department personnel and law enforcement to inspect a tow truck permitted under this chapter.

(d) A towing operator must perform each tow in a safe and competent manner based on the circumstances and type of vehicle under tow.

(e) During the term of the towing operator license, a towing operator must maintain a current valid driver's license. An occupational driver's license does not meet the requirements of this chapter.

(f) A towing operator may not tow a vehicle to a vehicle storage facility unless the vehicle storage facility displays a TDLR license number.

(g) A towing operator may not remove and store an unauthorized vehicle unless authorized by Texas Occupations Code, § RSA 2308.255.

(h) A towing operator may not perform a nonconsent tow unless the property from which the vehicle is towed is in compliance with Texas Occupations Code, §§ RSA 2308.301 - RSA 2308.305.

(i) Except as authorized by Texas Occupations Code, §§ RSA 2308.351 - RSA 2308.354, a towing operator 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.

(j) A towing operator must prepare and issue a tow ticket for each nonconsent tow.

(k) towing operator must provide a copy of the tow ticket to the vehicle owner or representative, if the owner or representative, or operator is present and available at the time of the tow, and a copy delivered to the vehicle storage facility, or place agreed upon by the towing operator and vehicle owner.

(l) The tow ticket provided by the towing operator shall only authorize charges directly related to towing the vehicle to a designated location authorized by subsection (k).

(m) The tow ticket provided by the towing operator must itemize each charge and must characterize the fees using the identical fee structure stated in the towing company's nonconsent towing fee schedule on file with the VSF.

(n) The towing operator must include on the tow ticket the licensed name of the towing company, publicly listed telephone number, towing company TDLR license number, and the TDLR license number of the towing operator.

(o) A towing operator must perform each towing operation with honesty, trustworthiness, and integrity.

(p) When performing towing operations, all towing operators must carry and openly display the appropriate TDLR issued original towing operator license.

Notes

16 Tex. Admin. Code § 86.715

The provisions of this §86.715 adopted to be effective January 16, 2012, 37 TexReg 116