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HomeMy WebLinkAboutOrdinance - 9145-1987 - Amending Chapter 27 Article VI Wrecker Services - 11/12/1987r ;J HW:da First Reading November 12. 1987 Agenda Item #28 Second Reading November 19, 1987 Agenda Item #15 ORDINANCE NO. _9_1_45 __ AN ORDINANCE AMENDING CHAPTER 27, ARTICLE VI OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, ENTITLED "WRECKER SERVICES," BY AMENDING SECTION 27-181 THEREOF WHICH DEFINES WORDS AND PHRASES USED IN THE ARTICLE; DELETING SECTIONS 27-182 AND 27-183 THEREOF; AMENDING SECTION 27-184 CONTAINING INSURANCE REQUIREMENTS FOR TOW TRUCK BUSINESSES; AMENDING SECTION 27-185 GOVERNING MAXIMUM FEES WHICH MAY BE CHARGED FOR TOW TRUCK SERVICES; AMENDING SECTION 27-186 WHICH PROHIBITS THE DRIVING OF A TOW TRUCK TO THE SCENE OF A COLLISION UNLESS SUMMONED; AMENDING SECTION 27-187 PROHIBITING THE SOLICITATION OF TOW TRUCK BUSINESS ON PUBLIC STREETS; AMENDING SECTION 27-189 GOVERNING TOWS FROM PRIVATE PARKING LOTS; AMENDING SECTION 27-190 PROVIDING FOR TOW TRUCK ROTATION LISTS; AMENDING SECTIONS 27-196 THROUGH 27-198 OUTLINING THE REQUIREMENTS FOR PERMITS AND CERTIFICATES NECESSARY TO OPERATE A TOW TRUCK BUSINESS; AMENDING SECTIONS 27-199 AND 27-200 GOVERNING PERMIT AND CERTIFICATE ISSUANCE, SUSPENSION ANO REVOCATION PROCEDURES AND APPEALS; AMENDING SECTION 27-201 SETTING FORTH THE DUTIES OF PERMIT HOLDERS; AMENDING SECTION 27-202 PERTAINING TO PENALTIES FOR VIOLATIONS OF CHAPTER 27, ARTICLE VI; ADDING A NEW SECTION 27-203 WHICH EXCLUDES CONSENT TOWS FROM THE REQUIREMENTS OF THE WRECKER SERVICES ORDINANCE; ADDING A NEW SECTION 27-204 THAT DIRECTS ALL COMPLAINTS AGAINST TOW TRUCK BUSINESSES BE FILED WITH THE CITY SECRETARY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR A PENALTY AS PROVIDED IN SECTION 1-4 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK. WHEREAS, the City Council has determined that it would be in the best interest of the citizens of the City of Lubbock to add to and amend certain provisions of the Code of Ordinances which pertain to the operation of tow trucks and tow truck businesses within the City of Lubbock; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 27-181 of the Code of Ordinances of the City of Lubbock, Texas, be amended to read as follows: Sec. 27-181. Definitions. For the purpose of this article, the following terms shall have the meanings hereinafter ascribed to them. Certificate: Authorization granted by the chief of police of the City of Lubbock, under the provisions of this article, to use a designated vehicle as a tow truck. Chief of police: The chief of polke of the City of Lubbock or a person designated by him to act in his stead for the purpose of this article. I No Text City secretary: The city secretary of the City of Lubbock or her designated representative. Consent tow: Any tow initiated by the owner, operator or other person in possession, custody or control of a motor vehicle other than law enforcement officers acting in their official capacity. Motor vehicle: Any vehicle which is self-propelled except motor-assisted bicycles as defined by the laws of the State of Texas. Nonconsent tow: Any tow other than a consent tow as herein defined. Notification charges: Administrative and related costs incurred as a result of notifying owners and lien holders that a vehicle has been towed by a permit holder to a vehicle depository or other location. Owner: Any person who holds the legal title to a motor vehicleorwho has the legal right to possession thereof. Permit: Authorization granted by the City of Lubbock under the provisions of this article to engage in the tow truck business in the City of Lubbock. Permit holder: Any person possessing a current, valid permit to engage in the tow truck business in the City of Lubbock. Such term also includes a permit holder's agents and employees. Person: Any individual, corporation, partnership, joint venture or association. This does not include a governmental entity. Point of origin: The point where a vehicle is picked up for towing. Private parking lot: Any private property used for restricted and/or paid parking of vehicles. To~,: The removal of a vehicle by a tow truck from a point 'o"i'origin within the incorporate limits of the City of Lubbock on a nonconsent basis. Tow truck: Any motor vehicle used in a tow truck business to tow or remove vehicles from private parking lots or as directed by law enforcement officers. Tow truck business: The business of towing vehicles within the incorporate limits of the City of Lubbock on a nonconsent basis. -2- No Text Vehicle: Every device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, street or alley, but not including devices moved solely by human power, or used exclusively upon stationary tracks or rails. Vehicle depository: The site to which a permit holder tows and/or stores vehicles. Tow truck rotation lists: Lists prepared by the Lubbock Police Department in accordance with the provisions of this article of tow truck businesses which have requested and qualified for placement upon such lists. SECTION 2. THAT Sections 27-182 and 27-183 of the Code of Ordinances of the City of Lubbock, Texas, be deleted in their entirety from the Code of Ordinances. SECTION 3. THAT Section 27-184 of the Code of Ordinances of the City of Lubbock, Texas, be amended to read as follows: Sec. 27-184. Insurance. All permit holders shall procure and keep in full force and effect at all times while engaged in the tow truck business no less than the minimum amount of public liability and property damage insurance required by all applicable state statutes, rules and regulations. However, every tow truck which is less than 26,000 pounds gross vehicle weight shall have tow truck cargo insurance for the coverage of a towed vehicle in an amount not less than $10,000 or garagekeeper's legal liability insurance with direct coverage options in an amount not less than $10,000 to cover damage to a towed vehicle. Every tow truck which is more than 26,000 pounds gross vehicle weight and has a tandem axle must have tow truck cargo insurance for the coverage of a towed vehicle in an amount not less than $75,000 or garagekeeper's legal liability insurance with direct coverage options in an amount not less than $75,000 to cover damage to a towed vehicle. SECTION 4. THAT Section 27-185 of the Code of Ordinances of the City of Lubbock, Texas, be amended to read as follows: Sec. 27-185. Maximum fees. (a) The maximum fee which may be charged by a permit holder for the removal and impoundment of a vehicle from a private parking lot or a public right-of-way (non-collision) is $40.00 for all services performed in connection with the removal and impoundment (which sum includes all notification charges) and $5.00 per day storage, but no storage charge may· be assessed for the first calendar day in which a vehicle 1s stored. -3- No Text (b) Unless fees are regulated by the Texas Railroad Commission, the maximum fee which may be charged by a permit holder for all services performed in connection with a collision tow is $60.00 (which sum includes all notification charges) and $5.00 per day storage, but no storage charge may be assessed for the first calendar day in which a vehicle is stored. SECTION 5. THAT Section 27-186 of the Code of Ordinances of the City of Lubbock, Texas, be amended to read as follows: Sec. 27-186. Driving tow truck to scene of collision prohibited, exceptions. In order to maintain control over public streets within the incorporate limits of the City of Lubbock and insure the safety and welfare of citizens who reside therein, no person shall drive, or cause to be driven, a tow truck to the scene of a collision on a public street in the city unless such person has been called to the scene by the Lubbock Police Department or by a party involved in the collision; provided that when a tow truck is involved in a collision, it shall not be in violation of this section. SECTION 6. THAT Section 27-187 of the Code of Ordinances of the City of Lubbock, Texas, be amended to read as follows: Sec. 27-187. Solicitation of tow truck business prohibited on public streets. No person shall solicit in any manner, directly or indirectly, on the public streets of Lubbock, tow truck business involving a vehicle wrecked on such streets. This prohibition applies regardless of whether such solicitation is for the business of towing, removing, repairing, wrecking, storing, trading, selling or purchasing such wrecked vehicle. The presence of a tow truck at the scene of a collision, which was not called by the Lubbock Police Department or a party to the collision, shall be prima facie proof of such solicitation as is herein prohibited. SECTION 7. THAT Section 27-189 of the Code of Ordinances of the City of Lubbock, Texas, be amended to read as follows: Sec. 27-189. Tows from private parking lots. (a) No permit holder shall tow a vehicle parked on a · private parking lot within the City of Lubbock onto a public street within the City of Lubbock unless: (1) a sign or signs, specifying those persons who may park in the parking lot and prohibiting all others, are placed so that they are readable day and.night from all entrances to the parking lot; -4- No Text (2) the permit holder has received written verification from the parking lot owner that the vehicle owner has been notified that his or her vehicle will be towed if not removed from the parking lot; or (3) the vehicle is obstructing an entrance, exit, fire lane or aisle of the parking lot. (b} Whenever it becomes necessary under this section for the permit holder to disassemble parts of a vehicle in order to tow such vehicle, the permit holder shall reassemble such parts after arriving at a vehicle depository. (c) No permit holder shall give any form of compensation to the owner or operator of a private parking lot from which the permit holder tows a vehicle. (d} No permit holder shall have the owner of a vehicle which has been towed from a private parking lot sign a release from liability until the owner has inspected the vehicle. Any such release shall contain a notation of such inspection as well as an enumeration of any damages alleged by the owner to be the responsibility of the permit holder. The release shall be a full release except as to specifically enumerated damages. (e) A permit holder who removes a vehicle from a private parking lot shall notify the City of Lubbock Police Department of such removal immediately upon completion of the tow. Such notification shall include the following: (1) The physical description, license number and vehicle identification number of the vehicle removed; (2) The name of the permit holder who removed the vehicle; and (3) The location where the vehicle is stored. SECTION 8. THAT Section 27-190 of the Code of Ordinances of the City of Lubbock, Texas, be amended to read as follows: Sec. 27-190. Tow truck rotation lists. (a} The Lubbock Police Department shall establish and maintain Class I and Class II tow truck rotation lists. Tow truck businesses whose names are included on such lists shall be rotated upon the basis of one week of service at a time. (b) The Lubbock Police Department is hereby autho- rized to establish rules and regulations for implementation, operation and maintenance of the rotation list in sub- -5- No Text paragraph (a) above. A copy of the rules and regulations shall be signed by the Chief of Police, approved by the City Manager and filed with the City Secretary. (1) Class I. A tow truck business is qualified to be listed upon the Class I tow truck rotation list if: a. At least four (4) certified tow trucks of at least seventy-five hundred (7,500) pounds gross vehicle weight are maintained ready for use and equipped to be radio dispatched. b. A 24-hour tow truck business with continuous phone service is maintained seven (7) days a week during weeks when the business is on rotation duty. c. A vehicle depository with a capacity of at least two hundred (200) automobiles upon a single site is maintained within the City of Lubbock's police jurisdiction. If storage of vehicles at the vehicle depository is outdoors, the storage area must be completely enclosed by a fence of not less than six (6) feet in height, topped with barbed or safety wire, and lighted by not less than two (2} mercury vapor lights illuminating the entire storage area. Vehicles shall be stored not less than two (2) feet apart and arranged to accommodate safe and prompt removal upon request. (2) Class II. A tow truck business is qualified to be listed upon the Class II tow truck rotation list if, in addition to meeting the requirements of paragraph (l)a. and (l}b. above, at least one certified tow truck of at least twenty-six thousand (26,000) pounds gross vehicle weight is maintained ready for use. (b) When a law enforcement officer investigating a collision determines that any vehicle involved in such collision is unable to safely proceed under its own power, or when the law enforcement officer determines that the driver of a vehicle involved in a collision is unable to safely move the vehicle to a location where it will not create a traffic hazard, the officer shall request the driver of the vehicle to designate a person, tow truck business, auto repair shop, auto dealer or auto club that he desires to have remove the vehicle. When such designation has been made, the officer shall communicate the designation to the police department, -6- No Text which shall cause the designated party to be called and directed to the scene of the collision. (c) If the owner of a vehicle involved in a collision which must be removed by a tow truck is unable, fails or refuses to designate the person, tow truck business, auto repair shop, auto dealer or auto club that he desires to have remove the vehicle, the officer shall notify the police department, which shall call the tow truck business on call on the appropriate tow truck rotation list to remove the damaged vehicle. (d) Failure of the tow truck business called to respond with an appropriate class tow truck at the scene of the collision within thirty (30) minutes of notification without justification acceptable to the police department shall cause the permit holder to forfeit that call to the next tow truck business upon the appropriate rotation list. Failure to respond two {2) times during a week of rotation 11st duty without justification acceptable to the police department shall be cause for the tow truck business to be passed over for its next turn at rotation list duty. A tow truck business which has been passed over two (2) times within a one-year period shall be removed from the list for a period of six (6) months upon the next occurrence of two (2) failures to respond during a week of rotation list duty. (e) It shall be unlawful for a police officer at the scene of a collision to directly or indirectly recommend to any person the name of any person, tow truck business, auto repair shop, auto dealer or auto club to remove a vehicle involved in the collision, or to influence or attempt to influence in any manner the decision of any person choosing or selecting a tow truck. (f) A tow truck business desiring to be placed upon either the Class I or Class II rotation list shall be required to make written application to the police department of the City of Lubbock and shall execute an agreement to hold the City of Lubbock harmless from any and all claims arising from performance of tow truck services in connection with such listing upon a rotation list. (g) In the event that a police officer initiates the tow of a vehicle without the knowledge of the owner of the vehicle, the police department shall, as soon as possible, attempt to determine the owner of such vehicle and notify such person by the fastest available means of the impoundment of the vehicle. (h) The owner of a vehicle impounded as a result of a police initiated tow may obtain the immediate release of his vehicle and challenge the impounding decision by paying the amount of towing and storage charges against the vehicle to -7- No Text the Lubbock Police Department as a cash bond. Upon receipt of the cash bond, the police department shall require the tow truck business holding the vehicle to release it to the owner and shall schedule an administrative hearing on the matter by the chief of police within ten (10) days. If the decision to impound the vehicle is ruled to have been proper and no appeal is taken, the cash bond shall be forwarded to the tow truck business that impounded the vehicle. If the decision to impound the vehicle is ruled not to have been proper, the cash bond will be returned to the owner and the city shall be responsible for the towing and storage charges. The city shall not be responsible for damages to the towed vehicle or loss of property from such vehicle. Such claims shall be the responsibility of the tow truck business conducting the tow and storage of the vehicle. If an owner is not satisfied with the decision resulting from the impoundment hearing, an appeal of such decision may be made to the permit and license appeal board in accordance with the city ordinance creating such board. In the event that the owner fails to appear at a scheduled hearing, or the permit and license appeal board upholds the initial decision, the cash bond shall be forwarded to the tow truck business that conducted the tow and storage of the vehicle. This section shall not apply to vehicles held by the Lubbock Police Department under authority of state or federal laws. SECTION 9. THAT Section 27-196 of the Code of Ordinances of the City of Lubbock, Texas, be amended to read as follows: Sec. 27-196. Required. (a) It shall be unlawful for any person to engage in the tow truck business within the City of Lubbock unless such person possesses a valid permit therefore. (b) It shall be unlawful to drive or cause to be driven in the tow truck business a tow truck for which no valid certificate is possessed. (c) The provisions of subsections (a) and (b) of this section shall not apply to a tow whose point of origin is outside the limits of the City of Lubbock. (d) Notwithstanding any other provision of this article, in any circumstances in which a vehicle or other object is so located on a public street as to constitute a hazard or obstacle, or interfere with traffic, or in the event a stolen vehicle 1s found, or in any other circumstance in which a law enforcement officer in the course of his duty deems it necessary, he may require such vehicle or object to be removed at the owner's expense by any practical means, including use of the rotation lists in accordance with the provisions of this article. -a- No Text SECTION 10. THAT Section 27-197 of the Code of Ordinances of the City of Lubbock, Texas, be amended to read as follows: Sec. 27-197. Permit application and fee. (a) Applications for permits shall be made upon forms supplied by the city secretary, shall be verified by notary and shall contain the following information: (1) The true name, the trade name, address and telephone number of the tow truck business; (2) The number and category of tow trucks proposed to be operated; (3) The names and addresses of the true owners of the tow truck business and, if the business is a corporation, the names and addresses of the corporate officers; (4) The true owners of the tow trucks to be used, if different from the true owners of the business; (5) A statement from the city tax assessor-collector that all City of Lubbock taxes on the permit applicant's property to be used in the business, both real and personal, are current; (6) A certificate of public liability and property damage insurance issued by a casualty insurance company authorized to do business in the State of Texas, in the standard form approved by the State Board of Insurance, containing a provision that at least ten (10) days prior notice of any material change in or cancellation of said insurance shall be given to the city secretary by the insurance company, and with the insured provision of such policy including the City of Lubbock as an additional insured, and the coverage provision of such policy insuring members of the public from any loss or damage that may arise to any person or property by reason of the operation of the permit holder's tow truck business, and providing that the amount of coverage shall comply with the limits set forth in all applicable state laws, rules and regulations and this article. (b) The annual fee for a permit shall be fifty dollars ($50.00) and shall entitle the holder to operate a tow truck business in compliance with this article. (c) Permits shall be renewable in February of each year. If issued or renewed during any other month, the fee -9- No Text for the permit shall be prorated for the remainder of the year; however, in addition to the annual fee, a twenty-five dollar ($25.00} penalty shall be assessed for late renewals. (d} Permits shall be prominently displayed at the permit holder's place of business. SECTION 11. THAT Section 27-198 of the Code of Ordinances of the City of Lubbock, Texas, be amended to read as follows: Sec. 27-198. Certificate application, requirements and fee. (a) A permit holder desiring to have a tow truck certified shall do the following: (1) Submit a copy of the manufacturer's certificate or title to the chief of police along with a request for certification on a form provided by the city secretary. (2) Submit such tow truck for inspection by the chief of police. (b) Following a determination that such tow truck complies with applicable state laws, rules and regulations promulgated pursuant to state laws, and the provisions of this article, the chief of police shall issue a certificate of compliance to the permit holder and cause to be affixed to the tow truck's windshield a bumper sticker or such other device as the chief of police shall deem to be of assistance in identifying properly certificated tow trucks. (c} The permit holder shall pay a nonrefundable fee of fifteen dollars ($15.00) for each tow truck for which certification is sought. SECTION 12. THAT Section 27-199 of the Code of Ordinances of the City of Lubbock, Texas, be amended to read as follows: -, Sec. 27-199. Permit and certificate issuance and suspension or revocation. The city secretary shall issue a permit to those persons complying with the requirements of this article:~ The chief of police shall issue a certificate for any permitted tow truck complying with the requirements of this article. Since the proper and safe functioning of tow trucks has critical impact on the health, safety and welfare of the public, involves use of the public streets of the City of Lubbock, often in conditions necessitating the prompt and safe removal of dangerous obstructions to traffic on said streets, the privilege of operating a tow truck within the City of Lubbock shall be subject to strict regulation in order to protect the public, including the following -10- No Text administrative actions in lieu of or in addition to any permitted criminal or civil remedy at law: (1) Suspension or revocation of permit. Grounds for suspension or revocation of a permit may include the following: a. Failure to meet any of the requirements of this article for a permit at any time; b. Operating a tow truck in such a manner as to endanger any person or property; c. Collecting or charging any fees in excess of those set out in this article; or d. Violation of state law, or any rules or regulations promulgated pursuant to state law, or any City ordinances related to the operation of a tow truck business. (2) Suspension of certificate. The certificate of any tow truck may be suspended and the evidence of certification removed from the tow truck for any of the following: a. Operating a tow truck in such condition that it cannot safely tow a vehicle; b. Operating a tow truck not covered by insurance as required by state laws. rules and regulations and this article; or c. Operating a tow truck that does not meet the requirements for certification set out in this article. SECTION 13. THAT Section 27-200 of the Code of Ordinances of the City of Lubbock, Texas, be amended to read as follows: Sec. 27-200. Suspension and revocation procedures, appeals. (a) Notwithstanding any provision of this article, the chief of police shall be authorized to suspend or revoke any permit for a violation of any of those items listed as grounds for suspension or revocation in Sec. 27-199. However, before any permit may be suspended or revoked, the chief of police shall hold a hearing at which evidence of such violation may be presented and rebutted. A hearing may be scheduled by the chief of police after receiving a complaint charging a violation or at his discretion upon his investigation and review. Notice of the hearing, the administrative action proposed to be taken and the grounds therefore shall be given to the permit holder at least ten -11- No Text (10) days prior to the hearing. Mailing such notice by certified mail to the last known business address of the permit holder not less than ten (10) days prior to the hearing shall constitute adequate notice. If the chief of police suspends or revokes a permit, he shall notify the permit holder in writing of the reasons for the suspension or revocation, the effective date of the suspension or revocation, the date of reinstatement, if any. or the conditions which must be satisfied for reinstatement, and such notification shall advise the permit holder that he may appeal such decision to the permit and license appeal board in accordance with the City ordinance creating such board. Mailing such notification by certified mail to the last known business address of the permit holder within ten (10) days of the hearing shall be deemed sufficient. No person whose permit has been revoked shall be eligible to apply for a new permit for at least six (6) months from the date the revocation became effective. Prior suspensions may be considered by the chief of police in determining whether to suspend or revoke a permit. (b) Suspension of a certificate may be accomplished by the chief of police or by any law enforcement officer who shall discover a tow truck .in operation that is deficient under the provisions of Sec. 27-199(2)a., b. or c. Suspension will be accomplished by the removal from the tow truck of the device signifying certification. Such certifi- cate shall be reissued when the condition is corrected and the vehicle reinspected by the chief of police. The cost for such re1nspection shall be twenty dollars ($20.00). Such suspension may be appealed by giving written notice of such appeal to the chief of police within ten (10) days of the suspension of such certificate. Such hearing shall be had before the chief of police within ten (10) days of the receipt of the written notice. The chief of police shall notify the certificate holder of his decision upon the certificate in writing within ten (10) days of the hearing. If such suspension is upheld, the notice of decision shall state what action will be necessary to have a certificate reissued and that such decision may be appealed to the permit and license appeal board in accordance with the city ordinance creating such board. SECTION 14. THAT Section 27-201 of the Code of Ordinances of the City of Lubbock, Texas, be amended to read as follows: Sec. 27-201. Duties of permit holders. (a) It shall be the obligation of all permit holders under this article to operate tow trucks so as to provide safe and prompt removal of wrecked and disabled vehicles from public streets of the City of Lubbock when properly called upon to do so in accordance with provisions of this article. -12- No Text {b) The duty to provide safe and prompt tow truck service upon call includes. but is not limited to, the following specific duties: (1) Upon receiving a call from the police department, the permit holder shall immediately dispatch the requested capacity tow truck to the desired location, or, if the permit holder does not wish to respond or cannot respond for some reason, then he shall so inform the police department at once. (2) Upon arriving at the scene of a collision within the City of Lubbock, the permit holder shall take direction from the law enforcement officer in charge of investigating the collision, in accordance with state law. (3) The permit holder towing a vehicle from the scene of a collision within the City of Lubbock shall remove all debris of the collision from the street. This duty specifically includes the removal of broken glass and metal fragments and the spilled load of any vehicle. Such debris should be disposed of in a manner which will keep it out of gutters, storm sewers, streams, public rights of way, and property not belonging to the permit holder. The officer on the scene may assist in locating a place for disposal of such debris. (4) If a permit holder is requested to tow a vehicle to a particular place of repair and such.repair business is not open at the time of the tow, then the permit holder shall complete the tow to the designated place at the earliest possible time and shall not charge for storage until such time as the repair business is open. (5) No permit holder shall store any vehicles or tow trucks on public streets or public rights of way in the City of Lubbock. Permit holders shall use reasonable care in the towing and storage of vehicles so as to minimize the possibility of further damage or theft. (6) All permit holders shall comply with all state laws, rules and regulations promulgated pursuant to state laws, and all City ordinances, including zoning, health and fire prevention ordinances. SECTION 15. THAT Section 27-202 of the Code of Ordinances of the City of Lubbock, Texas, be amended to read as follows: -13- No Text Sec. 27-202. ·Penalties. Any person who violates any of the provisions of this article shall, in addition to such administrative actions as set out herein, be guilty of a misdemeanor and, upon conviction thereof, be subject to a fine not to exceed two hundred dollars ($200.00). SECTION 16. THAT Chapter 27 of the Code of Ordinances of the City of Lubbock, Texas, be amended by adding a new Section 27-203 to read as fol lows: Sec. 27-203. Applicability to consent tows. The provisions of this article do not apply to consent tows or to persons engaged in the businessof consent tows as defined in Sec. 27-181. SECTION 17. THAT Chapter 27 of the Code of Ordinances of the City of Lubbock, Texas, be amended by adding a new Section 27-204 to read as follows: Sec. 27-204. Complaints. All citizen complaints involving tow truck businesses shall be submitted to the city secretary in writing and shall be signed by the complainant. The city secretary shall then notify the chief of police and the named tow truck business of the complaint. SECTION 18. THAT should any section, paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 19. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alter-native method as provided by law. SECTION 20. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed two hundred dollars ($200.00) as provided in Section 1-4 of the Code of Ordinances of the City of Lubbock. -14- No Text ANO IT IS SO ORDERED. Passed by the City Council on first reading this illh_ day of November , 1987. Passed by the City Council on second reading this .J.2th. day of November, 1987. APPROVED AS TO CONTENT: ~72-;!~ Tom Nichols, Chief of Police APPROVED AS TO FORM: ~ ~~~ Harold Willarmsilstant:ity Attorney -15- No Text No Text No Text ,... - - ... ,... .... - - .... .... ,.. I I i .. I I _, -1. I I .... i ,.. I : I J THIS BOOK COMPILED BY THE ADMINISTRATION DIVISION OF THE LUBBOCK POLICE DEPARTMENT ON JULY 2, 1990 ! No Text - - - ,... .... - - - .... , -: -,\ :i i :\ -' "'" , I ...... ~ -... i TABLE OF CONTENTS SECTION: 1. Letter from Chief Don Bridgers 2. Phone numbers/who to contact 3. Police Department Requirements/Procedures 4. Sample application form 5. Sample "Hold Harmless Agreement" 6. Sample "Letter of Understanding" 7. City Ordinance entitled "Wrecker Services" 8. Texas Tow Truck Act 9. Article V -Abandoned Motor Vehicle Act 10. Texas Vehicle Storage Facility Act 11. -Flow chart and example 12. Blank pages for you to write notes ' No Text ,... - - - - - - - - .... I ; - - ,.. Ciey of Lubbock P.O. Box 2000 Lubbock. Texas 79467 BOS-762-641.1 June 11, 1990 Office ofi The Police Department1 MESSAGE FROM CHIEF DONALD R. BRIDGERS Thank you for your interest in the Lubbock Police Department's Tow Truck Rotation list. The purpose of having a rotation list is twofold; (1) it provides qualified tow truck service for citizens who need a tow·truck but do not know who they should call and (2) it is a way of fairly distributing police initiated tows among qualified tow truck services. It is our goal to maintain a list of tow truck companies that operate within the laws and that can provide safe, prompt, and efficient service for the police department and for our citizens. My staff has included the various laws, rules, and regulations in this book for a tow truck service to qualify for and remain on the Lubbock Police Department's Tow Truck Rotation list. In addition, my staff is always available to answer any questions you may have. DB:ts Sincerely, LUBBOCK POLICE DEPARTMENT Aery,~L y('. ~+-- Donald R. Bridgers Chief of Police No Text ,.. - - .... - -PHONE NUMBERS/ ; r: WHO TO CALL FOR -INFORMATION OR ASSISTANCE - ,... - No Text ,- - - - - - - - r- \ i ' '-- • Ill ............ •II--" PHONE NUMBERS/WHO TO CONTACT LUBBOCK POLICE DEPARTMENT Call in· this order- 1. Cpl. Garland Lucus 2. Sgt. Tom Mann 3. Lt. Gordon Hoffman TEXAS DEPARTMENT OF LICENSING AND REGULATIONS LUBBOCK OFFICE: 1. Dwayne Covey 2. Reva Williams AUSTIN OFFICE: 767-2802 767-2870 767-2752 765-6461 765-6461 1. David Gunn 2. Rudy Garcia 512-463-2906 512-463-2906 CITY OF LUBBOCK GARAGE Call in this order- 1. Johnny Marett 2. Ken Olsen CITY SECRETARY. 1. Ranette Boyd 767-2186 767-2175 767-2025 No Text . ------,----- - - - ... -THE . LUBBOCK POLICE DEPARTMENT'S ,- · REQUIREMENTS/PROCEDURES/REGULATIONS ; ! ' i -!: FOR PLACEMENT ON THE · TOW TRUCK ROTATION LIST No Text ... ---•,l•-1110 ..... ,Ill __ ...... a C ae ._.. ,- ,.. - - --! ,... ... LUBBOCK POLICE DEPARTMENT REQUIREMENTS/PROCEDURES/REGULATIONS FOR PLACEMENT ON THE TOW TRUCK ROTATION LISTS AUTHORIZATION: \:SJt:··.21:l®:1bl of the Code of Ordinances of the City of Lubbock authorizes the Lubbock Police Department to establish rules and regulations for implementation, operation, and maintenance of tow truck rotation lists. PURPOSE: To insure that tow truck companies on the Police rotation lists provide safe, prompt, and efficient service and to see that police initiated business is fairly distributed between tow truck owners. PROCEDURES: A. B. A tow truck company owner shall request in writing to the Chief of Police to be considered for placement on the tow truck rotation 11st(s). The tow truck company owner requesting placement will be sent an application form and a copy of the Lubbock Police Department's Requirements/Procedures/Regulations, which lists the requirements and procedures for applying for inclusion on the rotation list(s). Should the tow truck company meet all of the requirements, the owner of the company must complete the application form in full, attach the required documents, and submit it to the Chief of Police. Copies of the following documents must be attached to the application form before it will be accepted: 1. 2. 3. 4. The FCC radio license under which the tow truck company operates its radios. Texas Vehicle Storage Facility Act license. Texas Tow Truck Certificate for each tow truck operated by the business. Papers of incorporation or, if unincorporated, the assumed name certificate on file with the County Clerk; partnership agreement; or joint venture agreement. In the absence of the existence of l / ... - - - - - - - r- 1 - - - - - --------------..... ·· -.. D. £. 5. 6. 7.' these documents, a statement of the name and address of all persons having a financial interest in the tow truck business. A scale drawing of the vehicle storage facility.showing entrances, exits, building usage, andstorage locations, lighting, and fencing. City of Lubbock Business permit to operate a tow truck business. The application must be returned to the Chief of Police within twenty {20) business days after it is mailed to the qwner; otherwise, the owner must re-submit a written request to the Chief of Police for consideration to be placed on the tow truck rotation list{s). Upon receiving the'completed application, the Police Department will review the application and set an inspection date and time when the tow truck company's facilities and equipment will be inspected for compliance with applicable Federal, State, and local laws and regulations. The Police Department will notify the owner of the tow truck company of the results of the inspection within ten {IO) business days lafter the day of inspection. The tow truck company shall have twenty {20) business days after the date of notification to correct any deficiencies found by the Police Department and to notify the Police Department that such deficiencies have been corrected. Should the deficiencies not be corrected within this twenty {20) day per.iod, the application will be rejected and the owner will be required to re-apply for consideration to be placed on the tow truck rotation list(s). · Should the tow truck company pass the inspection of its facilities and equipment and otherwise qualify for placement on the rotations list{s), the tow truck company owner will be notified of such and he shall be required to 'sign (1) a .0 hold harmless" agreement as required in Section 27-190 of the Code of Ordinances of the City of ~ubbock, and (2) a letter of understanding of the applicable Federal, State, and Municipal laws and these rules and regulations. 2 --------------- ... · 41 9 11 11 W .. .. ........... _,_ .. ," • • • ·-.... - - F. - - G. - - H. - ,- -· L_ - - -· - ,- - - Upon execution by the owner and acceptance by the Police Department of the two documents listed in{£) above, the tow truck company will be placed on the bottom of the tow truck rotation lfst(s) and new list(s) will be distributed to all of the tow truck companies on rotation. A tow truck company owner requesting to be considered for placement on the tow truck rotation lfst(s) will only be considered ff he does not have a pecuniary interest in any other tow truck company that is on that particular rotation list. The owner of a tow truck company requesting to be placed on the tow truck rotation lfst(s) must not have been either convicted of or received a probated. sentence for any criminal offense that relates to the operation of the tow truck company or which could reasonably be expected to undermine the public's confidence in the owner's integrity or ability to provide safe, prompt and efficient tow truck service. Furthermore, the owner must not be presently charged with any such criminal offense. In the event that an owner is presently charged with, has been convicted of, or has received a probated sentence for any such offense, the Chief of Police shall consider the following factors fn determining whether the owner's tow truck company shall be added to or deleted from the rotation list(s). l. 2. 3. 4. 5. 6. 7. the nature and seriousness of the crime. the extent to which the owner may have been involved. the relationship of the crime to the safe operation of the tow truck business. the extent to which being on the rotation might offer an opportunity to be involved in further criminal activity of the same or similar type as that which the owner may have been involved. the extent and nature of the owner's prior criminal history. the age of the owner at the time of the involvement with the crime. the amount of time that has elapsed since any previous involvement in criminal activity. 3 No Text ____________ ................................ -· .. -. ,... - - -' - ,- - - - ,.. - ,... r L 8. the conduct and work activity of the owner prior to and following I involvement 1n any criminal activity. recommendations .from any persons with personal knowledge about the owner. ADDITIONAL REQUIREMENTS: .1. The owner of a tow truck company on the rotation list(s) must periodically submit to the Police Department. on a form provided. a 11st of all vehicles that remain in his custody from non- consent tows. The list of vehicles must be p\"epared and indicate vehicles in custody on the 1st day of each month. The list of vehicles must be received by the Police Department on or before the 10th day of the same month. 2.· The owner of a tow truck company on the rotation list(s) must submit to an inspection of facilities, equipment, and records of the tow truck company by any law enforcement officer at any reasonable hour to determine compliance with applicable Federal, State, and Municipal laws, rules and regulations. 3. The owner agrees to notify the Police Department within twenty-four (24) hours of learning that he is not in compliance with any of the Police Department requirements for being listed on rotation {i.e., shortage of tow trucks, storage space, etc.). 4. The owner of a tow truck company requesting to be placed on the Class I tow truck rotation list must have: a. b. at least four (4) state and city certified tow trucks of at least seven thousand five hundred (7,500) pounds gross vehicle weight, maintained ready for use and equipped with each item of equipment required by Federal, State, and Municipal laws, rules and regulations. Each tow truck required herein shall have a licensed operator employed bv the tow truck company so as to permit a simultaneous response within the regujred .t.ilruh a 24-hour tow truck business with continuous phone service maintained seven (7) days a week when the business is on its "week" of rotation. 4 No Text ., - - - - - ,... ,... - -l ,... ,... r I I C .a .. nio.__,., ..... · --• --,.......__....,._ - c. d. a vehicle depository with a capacity of at least two·hundred (200) automobiles upon a single site, maintained within the City of Lubbock Police jurisdiction. If storage of vehicles at the vehicle depository is outdoors, the storage area must be completely enclosed by a fence of not less than six (6) feet in height, topped with barbed or safety wire, and lighted by not less than two (2) mercury vapor lights illuminating the entire storage area. Vehicles shall be stored not less than two (2) feet apart and arranged to accommodate safe and prompt removal upon request. 5. The owner of a tow truck company requesting to be placed on the Class II tow truck rotation list must: a. have at least one (1) certified tow truck of at least twenty•six thousand (26,000) pounds gross vehicle weight, maintained ready for use and equipped with each item of equipment required by Federal, State, and Municipal laws, rules and regulations. There must be at least one employee licensed to operate this vehicle ayajlable at all times so as to permit a response within the required time. b. c. have a 24-nour phone service maintained seven (7) days a week when the company is on its "weekM of rotation. agree to store all non-consent towed vehicles in a vehicle storage facility licensed by the state of Texas and maintained within the City of Lubbock Police jursidiction. 5 r -.. ; - - - i - - - - - ,.. - -i - - 6. The tow truck company on rotation must respond with an appropriate class tow truck within thirty (30} minutes of notification when called by the Pol ice Department. 7. The tow truck company must at all times be in compliance with all applicable Federal, State, and Municipal laws, rules and regulations governing tow truck companies and vehicle storage facilities and equipment. 8. Each tow truck company on the rotation list{s) shall be required to notify the Police Department within ten (10} business days of the names and addresses of any new owners, the names and driver's license numbers of any new employees, and complete vehicle information of any certified wreckers not previously listed with the Police Department. Thll 1nfonnation is to be sent on a form available from the Po]ice Department prepared for this purpose. 9. Each tow truck company on the rotation list(s) shall be required to submit, on a form provided, updated information concerning business ownership, employees, and tow trucks, etc., on a yearly basis. The company must also provide current copies of all documents that are required for initial placement on the rotation lfst(s}. A form will be available at the Police Department during February of each year and shall be returned completed with copies of the required documents on or before March 1 of the same year. 10. Each tow truck company shall agree to dispose of all unclaimed abandoned vehicles picked up as a result of being on rotation through the Lubbock Police Oepartment·Abandoned Vehicle Auction. 11. Each tow truck company shall agree to maintain all records regujred by the Texas Vehicle Storage Facility Act on company premises for the length of time reguired by that Act. J. SUSPENSIONS: 1. A tow truck company will be immediately suspended from the rotation list(s} if the Chief of Police has reasonable grounds to believe that the owner has knowingly violated any Federal, State, or Municipal law, rule or regulation relating to the operation of a tow truck company. 6 ' • j_ I I I 1- ,, I !- I I- r ,_ ..................... -.. ,----·---··.· _ .. ~ ~---.... - - - - - - - -' - ,... - - - - 2. 3. 4. 5. A tow truck company will be immediately suspended from the rotation list(s) if the Chief of Police has reasonable grounds to believe that the owner has knowingly violated any Federal, State, or Municipal law, rule or regulation that has placed any person in danger or that has resulted in damage to or loss of any property which occurred in the perfonnance of tow truck operations. A tow truck company may be suspended if the Chief of Police has reasonable grounds to believe that the owner has violated any Federal, State, or Municipal law, rule or regulation which could reasonably be expected to undermine the public's confidence in the owner's integrity or ability to provide legal, safe, prompt and efficient tow truck service. length of suspension shall be determined by the Chief of Police and may range from one (I) day during a scheduled rotation period to a permanent suspension. Abatement of suspension -a suspension based on numbers 1 or 2 above shall not be abated pending any appeal. K. APPEALS: 1. 2. 3. It shall be the duty of the Chief of Police to interpret the provisions of these requirements, procedures and regulations as may be necessary to administer and enforce the rules and regulations contained herein and render all decisions accordingly. Any person or persons, jointly or severally, who may be aggrieved by the interpretation of these requirements, procedures and regulations rendered by the Chief of Police may appeal the decision of the Chief of Police to the Permit and license Appeal Board of the City of Lubbock. Any person or persons seeking to appeal a decision of the Chief of Police rendered in accordance with these requirements, procedures and regulations shall comply with the following requirements: a. Written notice of the appeal must be made to the City Secretary within five (5) working days of the date on which the Chief of Police rendered his decision. 7 ,-~ ,_ i ,- - r ,.. - ,.. - - - - - b. c. d. .e. f. g. The appeal must clearly set forth the decision of the Chief of Police together with the position of the person taking the appeal to the Board. The person seeking the appeal must set forth his reasons in support of his position, together with any evidence he may have in support of his position. The written appeal shall be filed with the City Secretary and a copy delivered to the Chief of Police. The Chief of Police shall have a period of five (5) working days from receipt of the appeal to file a response thereto with the Board. Any appeal to the Permit and License Appeal Board shall be determined by said Board within sixty (60) days of the filing of the Notice of Appeal by the aggrieved party. The decision of the Board on any appeal taken under these requirements, procedures and regulations shall be final and binding. L. DEFINITIONS: M. I. The term •owner" as herein used in these requirements, procedures and regulations shall also include agents and employees of the owner. However, each tow·truck business shall be deemed to have one (1) owner, even if more than one (1) person may have a financial interest in an operation. 2. . The term "Chief of Police" shall mean the Chief of Police of the City of Lubbock, Texas, or his designated representative. NOTICES: Any notice required by these requirements, procedures and regulations to be given .to a tow truck company shall be deemed sufficient if sent by United States ma11, postage prepaid, to the address •listed by the tow truck company on its rotation list application or to any substitute address designated in writing by the tow truck company and delivered to the Chief of Pol ice. 8 !_ I i !_ I j __ ........... -I ,.... ,... - ,.... ,- - ,- -I ·--di~• N. AMENDMENTS: These rules and regulations may be amended by the Lubbock Police Department at any time provided a copy of the amended rules and regulations are signed by the Chief of Police, approved by the City Manager and filed with the City Secretary in accordance with Section 27-190 of the Code of Ordinances of the City of Lubbock. 9 -. r i i - -! I""' - - - .... - LUBBOCK POLICE DEPARTMENT SAMPLE APPLICATION FORM, HOLD HARMLESS AGREEMENT, AND LETTER OF UNDERSTANDING No Text -I - - - - - - - -· - - ... APPLICATION FOR PLACEMENT ON THE LUBBOCK POLICE DEPARTMENT'S TOW TRUCK ROTATION LIST DATE APPLICATION GIVEN/SENT TO APPLICANT: BY: COMPANY NAME: BUSINESS ADDRESS: --'~- BUSINESS PHONE: :<\> - COMPLETE APPLICATION IN FULL. USE~BACK OF PASE FOR ADDITIONAL · SPACE. FAILURE TO COMPLETE IN FULL LL CAUSE THE APPLICATION TO BE REJECTED. FAILURE TO ATTACH R QUIRED OCUMENTS WILL ALSO CAUSE THE APPLICATION TO BE REJECTED. 1. A. LIST ALL OWNERS, ~HOME ADDRESSES, HOME PHONE NUMBERS, AND THE APPROXIMATE PE~nTAGE OF OWNERSHIP: NAME: · C, " OF OWNERSHIP: ADDRESS: __ ~ ____________ __,DOES THIS PERSON HAVE ANY INTEREST IN ANY OTHER TOW _______________ TRUCK COMPANY NOW ON OR APPLYING FOR ROTATION? CIRCLE ONE: <YES> (NO> HOME PHONE: BUSINESS PHONE: COMMENTS: No Text r I r ,.. - ,.. .. - ... - ... - - - - - PAGE 2 B. c. D. NAME: ADDRESS1 ,c. OF OWNERSHIP: ---------------~DOES THIS PERSON HAVE ANY INTEREST IN ANY OTHER TOW ________ .;__ _______ TRUCK COMPANY NOW ON DR APPLYING FDR ROTATION? CIRCLE ONE: <YES> <NO> HOME PHONE: BUSINESS PHONE: COMMENTS: NAME: ______________ ...,,~,c. OF OWNERSHIP: ADDRESS: HOME PHONE: COMMENTS: NAME: _______ ,_.,,~~~~--,C. OF OWNERSHIP: ADDRESS: ----.-----------~DOES THIS PERSON HAVE ANY INTEREST IN ANY OTHER TOW ____ .-...:.. __________ TRUCK COMPANY NOW ON OR r:_ APPLYING FOR ROTATION? --~ CIRCLE ONE: (YES> (NO> HOME PHONE: BUSINESS PHONE: COMMENTS: 2. IS THE BUSINESS PROPERTY OWNED BY THE APPLICANT? CIRCLE DNE1 <YES> ·<NO> IF NO, LIST NAME AND ADDRESS OF THE ACTUAL OWNER: r r r - - ,.. - - - ... - - - - - .... - - PAGE 3 a. LIST YOUR CITY OF LUBBOCK TOW TRUCK BUSINESS PERMIT NUMBER: 4. LIST YOUR TEXAS VEHICLE STORAGE FACILITY LICENSE NUMBER: 5. 6. LIST THE APPROXIMATE CAPACITY OF YOUR STORAGE FACILITY WHEN VEHICLES ARE STORED A MINIMUM OF TWO <2> FEET APART ON BOTH SIDES AND/OR FRONT AND BACK: LIST THE NUMBER OF CLASS I TOW TRUCKS YOU HAVE MAINTAINED AND. ARE READY FOR USE: 7. LIST THE NUMBER OF CLASS II TOW TRUCKS YOU HAVE MAINTAINED AND ARE READY FOR USE: s. '3. A. WHAT HOURS WILL A PERSON BE AT THE ~ ~ BUSINESS DURING YOUR "WEEK" OF CALL? I V <A.> IF LESS THAN 24 HOURS, HOW CAN~~S~ COMPANY BE CONTACTED AT OTHER -~: . Q LIST INFORMATION ON AL$.SS I OR CLASS I WRECKERS OWNED BY THE BUSINESS. INCLUDE ALL RS LICENSED BY THE CITY AND/OR STATE WHETHER CURRENTLY OPERAB R NOT. VEAR MODEL: ~AKE: _______ MODEL NAME: LICENSE NUreEA,c. __________ MONTH/YEAR EXPIRES: VIN NUMBER:--~-----------GROSS WEIGHT: _______ _ CITY OF LUBBOCK CERTIFICATION NUMBER: TEXAS TOW TRUCK ACT CERTIFICATION NUMBER: EXPIRES: EXPIRES: IF NAME ON TITLE OF THIS VEHICLE IS DIFFERENT THAN THE BUSINESS OR THE OWNER(S), THEN EXPLAIN: .. No Text - - - - - -. - .. - - - - - - ... _. .... PASE 4 B. c. YEAR MODEL: ____ MAKE: _______ MODEL NAME: LICENSE NUMBER: __________ MONTH/YEAR EXPIRES: VIN NUMBER: ____________ GROSS WEIGHT: CITY.OF LUBBOCK CERTIFICATION NUMBER: EXPIRES: TEXAS TOW TRUCK ACT CERTIFICATION~~ NUMBER: _____________ EXPIRES: IF NAME ON T.ITLE OF THIS VEHICLE OR THE OWNER(S>, THEN EXPLAIN: THE BUSINESS VEAR MODEL: ____ N;~~-~.-----M•DEL NAME: LICENSE NUMBER: ---~-",c-:lllli!<""'----MONTH/YEAR EXPIRES: VIN NUMBER: ---~"'-e---------BROSS WEIGHT: CITY OF LUBBOCK C~ICATION NUMBER: ~ EXPIRES:. _________ _ TEXAS TOW~ ACT CERTIFICATION NUMBER: _____________ EXPIRES: IF NAME ON TITLE OF THIS VEHICLE IS DIFFERENT THAN THE BUSINESS OR THE OWNER(S>, THEN EXPLAIN: No Text r I - - - - - - - - - - - ,... - ,... PAGE 5 D. E. YEAR MODEL: ____ MAKE: _______ MODEL NAME: LICENSE NUMBER: __________ MONTH/YEAR EXPIRES: VIN NUMBER: ____________ GROSS WEIGHT: CITY OF LUBBOCK CERTIFICATION NUMBER:. _____________ _ EXPIRES: TEXAS TOW TRUCK ACT CERTIFICATION-.:= NUMBER: _____________ EXPIRES: IF NAME ON TITLE OF THIS VEHICLE OR THE OWNER(S)• THEN EXPLAIN: THAN THE BUSINESS YEAR MODEL: ____ M;~ __ . -~.-.----MODEL NAME: LICENSE NUMBER: ~ MONTH/YEAR EXPIRES: VIN NUMBER:---~---------GROSS WEIGHT: CITY OF LUBBOCK C~ICATION NUMBER: -&----------EXPIRES: _________ _ TEXAS TOW~ ACT CERTIFICATION NUMBER: _. ____________ EXPIRES: IF NAME ON TITLE OF THIS VEHICLE IS DIFFERENT THAN THE BUSINESS OR THE OWNER(S>• THEN EXPLAIN: ,- ,... ... ,- - -- - - - - - - -.. ... PAGE 6 F. a. YEAR MODEL: ____ MAKE: _______ MODEL NAME: LICENSE NUMBER: __________ MONTH/YEAR EXPIRES: VIN NUMBER: ____________ GROSS WEIGHT: CITY OF LUBBOCK CERTIFICATION NUMBER: EXPIRES: TEXAS.TOW TRUCK ACT CERTIFICATION...,.~ NUMBER: _____________ EXPIRES: IF NAME ON TITLE OF THIS VEHICLE OR THE OWNER(S), THEN EXPLAIN: THAN THE BUSINESS YEAR MODEL: ____ MAK"li,.-~-----M•DEL NAME: LICENSE NUMBER: ---~-~------MONTH/YEAR EXPIRES: YIN NUMBER:---~~--------GROSS WEIGHT: CITY OF LUBBOCK C~ICATION NUMBER: EXPIRES: ACT CERTIFICATION EXPIRES: IF NAME ON TITLE OF THIS VEHICLE IS DIFFERENT THAN THE BUSINESS OR THE OWNER(S)9 THEN EXPLAIN: No Text r ,... - - - - - - ,... ,.., -PAGE 7 .. H. 10. B. VEAR MODEL: MAKE: _______ MODEL NAME: LICENSE NUMBER: MONTH/VEAR EXPIRES: YIN NUMBER: ____________ GROSS WEIGHT: CITY OF LUBBOCK CERTIFICATION NUMBER: TEXAS TOW TRUCK ACT CERTIFICATION NUMBER: EXPIRES: EXPIRES: IF NAME ON TITLE OF THIS VEHICLE IS DIFFERENT THAN THE BUSINESS OR THE OWNER(S), THEN EXPLAIN: LIST ALL EMPLOYEES, FULL OR P~TI~IVE INFORMATION: NAME: ~ POSITION: REQUESTED DRIVER'S LICENSE NUOUlE• ---------- CLASS: _____________ EXPIRES: DATE HIRED: CIRCLE ONE: <FUL~E> <PART TIME> COMMENTS: ~0-~,-------------------------- NAME: _______________ POSITION: DRIVER'S LICENSE NUMBER: CLASS: CIRCLE ONE: <FULL TIME> COMMENTS: EXPIRES: <PART TIME> DATE HIRED: ,, No Text r - - - - - -. - - - - - PAGE 8 c. D. E. F. NAME: ______________ POSITION: DRIVER'S LICENSE NUMBER: C..ASS: CIRCLE ONE: <FULL TIME) COMMENTS: EXPIRES; <PART TIME> DATE HIRED: NAME: ______________ ....,.,._.POSITION: DRIVER'S LICENSE NUMBER: CLASS: CIRCLE ONE: (FULL TIME> EXPIRES: L <PART TIME) ~TE HIRED: COMMENTS: "\. ' y =:R'S LICENSE Nu.mE$ ~ POSITION, C..ASS: ~ EXPIRES: CIRCLE DNE~FULL~E> (PART TIME) COMMENTS: ~ NAME: _______________ POSITION: DRIVER'S LICENSE NUMBER: CLASS: CIRCLE ONE: <FULL TIME> COMMENTS: EXPIRES: <PART TIME> DATE HIRED: DATE HIRED: ' ' No Text - ,... .... - - - - - ,... - .... : ' PAGE 9 6 •. NAME: _______________ POSITION: H. I. :I. DRIVER'S LICENSE NUMBER1 CLASS: CIRCLE ONE: (FULL TIME> COMMENTS: EXPIRES: <PART TIME> DATE HIRED: NAME: _______________ POSITION: -.....: DRIVER'S LICENSE NUMBER: CLASS: CIRCLE ONE: (FULL TIME> COMMENTS: NAME: DRIVER'S LICENSE NUMBE CLASS: EXPIRES, ~ <PART TIME>TE ~ EXPIRES: HIRED: (PART TIME) DATE HIRED: CIRCLE ONE: (FUL~> COMMENTS: ~c,,..,,.,✓~-------------------------- NAME: _______________ POSITION: DRIVER'S LICENSE NUMBER:·---------------- CLASS: CIRCLE ONE: (FULL TIME> COMMENTS: EXPIRES: <PART TIME) DATE HIRED: • No Text r - - - -. .... - - - -l i l _I ' l : I .. , , I ' I ' ~1 ~\ -1. ! -.. PAGE 10 K. L. M. NAME: _______________ POSITION: DRIVER'S LICENSE NUMBER: CLASS: CIRCLE ONE: <FULL TIME> COMMENTS: EXPIRES: <PART TIME> DATE HIRED: NAME: ______________ ...,.. POSITION: ...:-_ DRIVER'S LICENSE NUMBER: CLASS: CIRCLE ONE; COMMENTS: (FULL TIME> EXPIRES: b (PART TIME) VTE 'v HIRED: NRME, ~ ~ POSITION, DRIVER'S LICENSE NUMB~,._.,.'--------------- CLASS: -----....-------EXPIRES: CIRCLE ONE: . <FUL~E> (PART TIME> COMMENTS: ~C-✓-~--------------------------- DATE HIRED: HAVE THE CURRENT COPIES.OF THE FOLLOWING DOCUMENTS BEEN ATTACHED TO THIS APPLICATION? <NOTE: THE APPLICATION WILL NOT BE ACCEPTED WITHOUT ALL DOCUMENTS.) [ J [ J THE FEDERAL COMMUNICATIONS COMMISSION LICENSE UNDER WHICH THE TOW TRUCK COMPANY OPERATES ITS RADIOS • THE TEXAS VEHICLE STORAGE FACILITY LICENSE. I ,- - ,.. - - ,.. - - ,.., ,..., I, ,_,, i )! ; 1 ,.. PAGE 11 [ J THE TEXAS TOW TRUCK ACT CERTIFICATION FOR EACH TOW TRUCK OPERATED BV THE BUSINESS. C J PAPERS OF INCORPORATION OR, IF UNINCORPORATED, THE ASSUMED NAME CERTIFICATE ON FILE WITH THE COUNTY CLERK. [ J A SCALE DRRWINS OF THE VEHICLE STORAGE FACILITY SHOWING ENTRANCES, EXITS, BUILDIN6 USAGE, STORAGE LOCATIONS, LISHTING, AND FENCING. DATE APPLICATION WAS RETURNED TO THE POLICE DEPARTMENT: RECEIVED BY: NOTE: DO NOT ACCEPT THIS APPLICATION UNLESS COMPLETED AND WITH ALL REQUIRED DOCUMENTS ATTACHED. .<:-~ CIRCLE ONE: (APPROVED> <REJECTED> DAV--------- COMMENTS: DATE FOR INSPECTION: ~ OWNER NOTIFIED r~c1MoNE): <MAIL> ""'15~E) <PERSON> 1\;> OTHER: NOTIFIED BV: ___________ DATE: INSPECTION RESULTS: <CIRCLE ONE> <APPROVED> COMMENTS: AUTHORITY: <REJECTED) (SEE COMMENTS> DATE: TIME: TIME: •' No Text ,.. - - r ,.. .. - - - COMPANY NAME: COMPANY ADDRESS: CITY OF LUBBOCK LUBBOCK POLICE DEPARTMENT AGREEMENT TO HOLD HARMLESS -----------ZIP: COMPANY PHONE NUMBER1 NAME OF OWNER(S>, ~ (Please print) • I, , AM ~E P:IN IPAL OWNER OF----------------TOW TR¥COMPANV LOCATED AT ~ I DO HEREBY.AGREE THAT IF MY MPA~S ACCEPTED ON A LUBBOCK POLICE DEPA.RTMENT TOW TRUCK ROTATI ST THAT I WILL HOLD THE CITY OF LUBBOCK HARMLESS FROM ANY Artl.l~!-P--CLAIMS ARISING FROM MY PERFORMAl\iCE OF TOW TRUCK SERVICES IN CONN ION WITH SUCH LISTING UPON A LUBBOCK POLICE DEPARTMENT ROT~ALI T. I FURTHER AFFIRM MY AUTHORITY TO ENTER INTO THIS AGREEM \:.,...s THE PRINCIPAL OWNER OF THIS BUSINESS. 0 (SIGNATURE OF OWNER) SUBSCRIBED AND SWORN BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC ON THIS THE ________ DAV OF -----------·• 19 __ _ NOTARY PUBLIC MY COMMISSION EXPIRES: No Text - ... - ... ,.. .. - ,.. ,.. ' - CITY OF LUBBOCK LUBBOCK POLICE DEPARTMENT LETTER OF UNDERSTANDINS I <WE), DWNER(S) OF ____________________ _ TOW TRUCK COMPANY AT HAVE BEEN GIVEN COPIES OF (1) THE TEXAS TOW TRUCK ACT; (2) THE TEXAS VEHICLE STORAGE FACILITY ACT; <a> THE l;J:JBBOCK CITY ORDINANCE 27-199; AND <4) THE LUBBOCK POLICE DEPARTMENT'S REQUIREMENTS AND PROCEDURES FOR PLACEMENT ON ROTATION. I (WE> HAVE READ EACH OF THESE DOCUMENTS AND ~E AGREE TD ABIDE BY ALL FEDERAL, STATE, AND MUNICIPAL RULES AND REG CNS AS A CONDITIO~ FOR BEING PLACED AND/OR REMAINING ON THE LUBBOCK LICE DEPARTMENT'S TOW TRUCK ROTATION LIST. '-. ~ I• . <WE. ) UNDE. RSTAND .THAT PLA~MENT O~E LU~K POLICE DEPARTMENT'S TOW TRUCK ROTATION LIST IS AT THE E SURE AND CONVENIENCE OF THE LUBBOCK POLICE DEPARTMENT AND THAT ADDITION TO REMOVAL OR . SUSPENSION FROM THE LIST FO~ASONS UTLINED IN THE POLICE DEPAR .. TMENT,s REQUIREMENTS AND ROCEDURES, THAT THE CITY OF LUBBOCK MA~ DISPENSE WITH A ROTATION L NY TIME BY ORDINANCE. TD BE SIGNED BY ALL OWNERS OF HE BUSINESS: .~ I (OWNER) (OFFICER WITNESSING) DATE I <OWNER) (OFFICER WITNESSING) DATE I (OWNER) (OFFICER WITNESSING> DATE I <OWNER) (OFFICER WITNESSING> DATE No Text ........ __ ..... ______ ...... __ ...... _...,. . '-· r r-; ' - ,.. r-i ""' ,,.. ' -,, I i' ,.. ,., - • CITY OF LUBBOCK CODE OF ORDINANCES CHAPTER 27 ARTICLE VI ENTITLED "WRECKER SERVICES" No Text _, !""' i r- l I - r ,... ,.. -. - -. -. I ..., . ,.. ' I '. I I r; I ' I l ' i t -.! ' t ~ •E••••· ·•-•---liii·•• .. illi· ·•· iillliillllii ... fi.•tilliliitiriil'' . ., .. •tt•· · .,. · -... ··~ ·•= C ITV OF LUBBOCK WRECKER SERVICES ORDINANCE ORDINANCE NO. 9145 AN ORDINANCE AMENDING CHAPTER 27, ARTICLE VI OF THE CODE OF ORDINANCES OF THE CITY Of LUBBOCK, TEXAS, ENTITLED "WRECKER SERVICES," BY AMENDING SECTION 27-181 THEREOF WHICH DEFINES WORDS AND PHRASES USED IN THE ARTICLE; DELETING SECTIOIIIS 27-182 AND 27-183 THEREOF; AMENDING SECllON: 27-184 CONTAINING INSURANCE REQUIREMENTS FOR TOW TRUCK BUSINESSES; AMENDING SECTION 27-1.85 GOVERNING MAXIMUM FEES WHICH MAY BE CHARGED FQR TOW TRUCK SERVICES; AMENDING SECTION 27-186 WHICH PROHIBITS THE .DRIVING 0~ TOW TRUCK TO THE SCENE OF A COLLISION UNLESS SUMMONED; AMENOUIG SECTION 27-187 PROHIBITING THE SOLICITATION OF TOW TRUCK BUSINESS ON PUBLIC STREETS; AMENDING SECTION 27-189 GOVERNING TOWS FROM PRIVATE PARKIN'G LOTS; AMENDING SECTION 27-190 PROVIDING FOR TOW TRUCK ROTATION t.ISTS; AMENDING SECTIONS 27-196 THROUGH 27-198 OUTLINING THE REQU1REMENTS FOR PERMITS'AND CERTIFICATES NECESSARY TO OPERATE A TOW TRUCK BUSINESS; AMENDING SECTIONS 27-199 AND 27-200 GOVERNING PERMIT AND CERTIFICATE ISSUANCE, SUSPENSION AND REVOCATION PROCEDURES AND APPEALS; AMENDING SECTION 27-201 smING .FORTH THE DUTIES OF PERMIT HOLDERS; AMENDING SECTION 27-202 PERTAINlNG TO PENALTIES FOR VIOLATIONS OF CI-IAPJER :21, ARTICLE VI; ADDING A NEW SECTION 27-203 WHICH EXCLUDES CONSENT TOWS FROM THE REQUIREMENTS OF THE WRECKER SERVICES ORDINANCE; AOOJN.G A NEW SECTION 27-204 THAT DIRECTS All COMPLAINTS AGAINST TOW TRUCK BUSINESSES BE FILED WITH THE CITY SECRETARY; PROVIDING A SAVINGS CLAUSE; 'PROVIDING FOR PUBLICATION; ANO PROVIDING FOR A PENALTY AS PROVIDED IN SE~TION 1-4 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK. WHEREAS, the City Council has determined that it would be in the best interest of the citizens of the City of Lubbock to add to and amend certain provisions of the Code of Ordinances which pertain to the operation of tow trucks and tow truck businesses within the City of Lubbock; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 27-181 of the Code of Ordinances of the City of. Lubbock, Texas. be amended to read as follows: · . Sec. 27-181. Definitions. For the purpose of this article, the following terms shall have the 'meanings hereinafter ascribed to them . Certificate: Authorization granted by the chief of police of the City of Lubbock, under the provisions of this article, to use a designated vehicle as a tow truck. ; Chief of police: The chief of police of the City of Lubbock or a .person designated by him to act in his stead for the purpose of this article. 1 ,- ...., •••• I I - ..... - - r - ... ,.... ,,.. : - - , · City secretary: The city secretary of the City of Lubbock or her designated representative. Consent tow: Any tow initiated by the owner, operator or other person in possession, custody or control of a motor vehicle other than law;enforcement officers acting in their official capacity. Motor vehicle: Any vehicle which is self-propelled except motor-assisted 1 bicycles as defined by the laws of the State of Texas. Nonconsent tow: Any tow other than a consent tow as herein defined. Notification charges: Administrative and related costs incurred as a result of notifying owners and lien holders that a vehicle has been towed by a permit holder to a vehicle depository or other location. ~: Any person who holds the legal title to a motor vehicle ,or who has the legal right to possession thereof. ffil:mi1: Authorization granted by the City of Lubbock under the provisions of this article to engage in the tow truck business in the City of [Lubbock. Permit holder: Any person possessing a current, valid permit to engage in the tow truck business in the City of Lubbock. Such term also includes a permit holder's agents and employees. f!U:i.Qn: Any individual, corporation, partnership, joint venture or association. This does not include a governmental e:ntity. Point of origin: The point where a vehicle is picked up for towing. Private parking lot: Any private property used for restricted and/or paid parking of vehicles . Illli: The removal of a vehicle by a tow truck from a point of origin within t~e incorporate limits of the City of Lubbock on a nonconsent basis. Tow Truck; Any motor vehicle used in a tow truck business to tow or remove vehicles from private parking lots or as directed by law enforcement,officers. Tow trucklbusiness: The business of towing vehicles within the incorporate limits of the City of Lubbock on a nonconsent basis. ' 2 No Text __ ... ___ ............ lillllillili ................. ----'' ,... ' ... ,.. ,.. I ,.. - ,.. i Vehicle: Every device in, upon. or by which any person or propertr is or may be transported or drawn upon a public highway, street or alley, but not includirig,devices moved solely by human power. or used exclusively upon stationary tracks or rails. Vehicle depository: The site to which a permit holder tows and/or'stores vehicles. row truck rotation lists: Lists prepared by the Lubbock PoHce Department in accordance with the provisions of this arttcl~ .of tow truck businesses which have requested and qualified , for placement upon such lists. SECTlON 2. THAT Sections 27-:182 and 27-183 of the Code of Ordinances iof the City of Lubbock, Texas, be deleted in their entirety from the Code pf Ordinances. SECTION 3. THAT Section 27-184 of the Code of Ordinances of the City pf Lubbock, Texas, be amended to read as follows: Sec. 27-184. Insurance. All permit holders shall procure and keep in full force and effect :at all times while engaged in the tow truck business no less tha~ the minimum amount of public 1 iabil ity and property ,damage insurance required by all applicable state statutes, rules , 1J.nd r,eguhtions. However, every tow truck which is less than 26,000 ppunds gross vehicle weight shall have tow truck cargo 1hsurance for the coverage of a towed vehicle in an amount not less than $10,000 or garagekeeper's legal liability insurance with direct ,coverage options in an amount not less than $10,000 to cover <;lamage to a towecl vehicle. Every tow truck which 1s more .than26,000 pounds gross vehicle weight ancl has a tandem axle must have tow;truck cargo insurance for the coverage of a towed vehicle in an amount not less than $75,000 or garagekeeper's legal liability insurance with direct coverage options in an amount not less than $75,000 to cover damage to a towed vehicle. SECTION 4. THAT Section 27-185 of the Code of Ordinances of the City of Lubbock, Texas, be amended to read as follows: Sec. 27:-185. Maximum fees. ,(a}, The maximum fee which may be charged by a permit ,holder for the removal and impoundment of a vehicle from a private parkir)g lot or a public right-of-way (non-collision} is $40.00 for all services performed in connection with the removal and iJllpoundment (which sum includes all notification charges) and $5.00!per day storage, but no storage charge may be assessed for .the first calendar day in which a vehicle is stored. 3 -------------------------------------·--- - - - - - ,-. - - r-i •• • .. :.. ,;..· -· '1-. (b) Unless. fees are regulated by the Texas Railroad Commission, the maximum fee which may be charged by a permit holder for all services performed in connection with a collision tow is $60.00 (which sum includes all notification charges) and $5.00 per day stora9.e, but no storage charge may be assessed for the•first calendar day in which a vehicle is stored. SECTION 5. THAT Section 27-186 of the Code of Ordinances of the City of Lubbock, Texas, be amended to read as follows: Sec; 27-186. Driving tow truck to scene of collision prohibited, exceptions. In order to maintain control over public streets within the incorporate limits of the City of Lubbock and insure the safety and welfare of citizens who reside therein, no person shall drive, or cause'to be driven, a tow truck to the scene of a collision on a public street in the city unless such person has been called to the scene by the Lubbock Police Department or by a party involved in the collision; provided that when a tow truck is involved in a collision, it shall not be in violation of this section. SECTION 6. THAT Section 27-187 of the Code of Ordinances of the City of Lubbock, Texas, be amended to read as follows: Sec. 27-187. Solicitation of tow truck business prohibited on public streets. No person shall solicit in any manner, directly or indirectly, on the public streets of Lubbock, tow truck business involving a vehicle wrecked on such streets. This prohibition applies regardless of whether such solicitation is for the business pf towing, removing, repairing, wrecking, storing, trading, selling or purchasing such wrecked vehicle. The presence of a tow truck at the scene of a collision, which was not called by the Lubbock Police Department or a party to the collision. shall be P.rima facie proof of such solicitation as is herein prohibited. SECTION 7. THAT Section 27-189 of the Code of Ordinances of the City of Lubbock, Texas, be amended to read as follows: Sec. 27-189. Tows from private parking lots. (a) No permit holder shall tow a vehicle parked on a private parking lot within the City of Lubbock onto a public street within the City of Lubbock unless: (l) ! a sign or signs, specifying those persons who may park in the parking lot and prohibiting all others, are placed so that they are readable day and night from all entrances to the parking lot: 4 No Text .. r ,.. ,... ! - ... ,.. ... - ... ,- ' r - - -·· (2) the permit holder has received written verification from the parking lot owner that the vehicle owner has been notified that his or her vehicle will be towed if not removed from the parking lot; or (3) the vehicle is obstructing an entrance, exit, fire lape or aisle of the parking lot. (b) Whenever it becomes necessary under this section for the permit hol~er to disassemble parts of a vehicle in order to tow such vehicle, the permit holder shall reassemble such parts after arriving' at a vehicle depository. (c) No:permit holder shall give any form of compensation to the owner or operator of a private parking lot from which the pennit holder tows a vehicle. (d) No permit holder shall have the owner of a vehicle which has been,towed from a private parking lot sign a release from liability :until the owner has inspected the vehicle. Any such release shall contain a notation of such inspection as well as an enumeration of any damages alleged by the owner to be the responsibility :of the permit holder. The release shall be a full release except as to specifically enumerated damages. (e) A permit holder who removes a vehicle from a private parking lot shall notify the City of Lubbock Police Department of such removal immediately upon completion of the tow. Such notification shall include the following: ' (1) The physical description, license number and vehicle (2) identification number of the vehicle removed; The name of the permit holder who removed the vehicle; and (3) The' location where the vehicle is stored. SECTION 8. THAT Section 27-190 of the Code of Ordinances of the City of Lubbock, Texas, be amended to read as follows: Sec. 27-190. Tow truck rotation lists • (a) The:Lubbock Police Department shall establish and maintain Class I and Class II tow truck rotation lists. Tow truck bus foesses whosti! names are included on such 1 i sts sha 11 be rotated upon the basis of one week of service at a time. (b) The 1 Lubbock Police Department is hereby authorized to establ~sh rules!and regulations for implementation, operation and maintenance of the rotation list in sub-paragraph (a} above. A •· copy of the rules and regulations shall be signed by the Chief of l 5 No Text r .. - ,... ' - - r- ,... - - - r"" I Police,, approved by the City Manager and filed with the City Secretary.· (1) Class I. A tow truck business is qualified to be listed upon the Class I tow truck rotation list if: a. b. c. At .least four (4) certified tow trucks of at least seventy-five hundred (7,500) pounds gross vehicle weight are maintained ready for use and equipped to be radio dispatched. A 24-hour tow truck business with continuous phone service is maintained seven (7) days a week during weeks when the business is on rotation duty. A vehicle depository with a capacity of at least two hundred (200) automobiles upon a single site is maintained. within the City of Lubbock's police jurisdiction. If storage of vehicles at the vehicle depository is outdoors, the storage area must be completely enclosed by a fence of not less than six (6) feet in height, topped with barbed or safety wire, and lighted by not less than two (2) mercury vapor lights illuminating the entire storage area. Vehicles shall be stored not less than two (2) feet apart and arranged to accommodate safe and prompt removal upon request. (2) Class II. A tow truck business is qualified to be listed upon the Class II tow truck rotation list if, in addition to meeting the requirements of paragraph (l)a. and (l)b. above, at least one certified tow truck of at least twenty-six thousand (26,000) pounds gross vehicle weight 1s maintained ready for use. (b) When a law enforcement officer investigating a collision determines that any vehicle involved in such collision is unable to safely proceed under its own power, or when the law enforcement officer determines that the driver of a vehicle involved in a collision is unable to safely move the vehicle to a location where it will not create a traffic hazard, the officer shall request the driver of the vehicle to designate a person, tow truck business, auto repair shop, auto dealer or auto club that he desires to have remove the vehicle. When such designation has • '.been made, the officer shall communicate the designation to the police department, which shall cause the designated party to be called and directed to the scene of the collision. 6 ,_ -r -. - - ,-. . ii l -. _\ ! l -I ' ' - r ,... (c) If the owner of the vehicle involved in a collision which must be removed by a two truck is unable, fails or refuses to designate the person, tow truck business, auto repair shop, auto dealer or; auto club that he desires to have remove the vehicle,.the officer shall notify the police department, which shall call the: tow truck business on call on the appropriate tow truck rotationllist to remove the damaged vehicle. (d) Failure of the tow truck business called to respond with an appropriate class tow truck at the scene of the collision · with·i·. n t.hirty !30) minutes of notification without. justification acceptable to he police department shall cause the permit holder to torfeit tha call to the next tow truck business upon the appropriate ro.at1on list. Failure to respond two {2) times during: a week Of rotation list duty without justification acc~ptable to 1he police department shall be cause for the tow truck business:to be passed over for its next turn at rotation list duty. A tow truck business which has been passed over two (2) times within a one-year period shall be removed from the list • for a period of six {6) months upon the next occurrence of two {2) failures to respond during a week of rotation list duty • . (e} It ishall be unlawful for a police officer at the scene of a colHsion !to directly or indirectly recommend to any person tile name of any person, tow truck business, auto repair shop, auto dealer or auto [club to remove a vehicle involved in the collision, or to influence or any manner the decision of any person choosing or selecting a :tow truck • i (f) A ~ow truck business desiring to be placed upon either the. Class I or Class II rotation list shall be required to make , written application to the pol ice department of the City of Lubbock and sha11 execute an agreement to hold the City of Lubbock harml.ess from any and all claims arhing from performance of tow truck services in connection with such listing upon a rotation list. . (g) In the event that a police officer initiates the tow of a vehicle without the knowledge of the owner of the vehicle, the police depal-tment shall, as soon as possible, attempt to determine the owner of such vehicle and notify such person by the fastest availab)e means of the impoundment of the vehicle. . (h) The:owner of a vehicle impounded as a result of a · police initiated tow may obtain the immediate release of his v¢hicle and challenge the impounding decision by paying the amount · of towing and storage charges against the vehicle to the Lubbock . Police Department as a cash bond. Upon receipt of the cash bond, the police depaftment shall require the tow truck business holding the vehicle to felease it to the owner and shall schedule an 7 I' -----··----g·· iliiiili[.iil•iliiiiiiliii·-·•· ···1111·· .,__..; iiii;; ..: ..,;.. ;.;cu;; • ·• ,... ... ... - ,... administrative hearing on the matter by the chief of police within ten (10) days. If the decision to impound the vehicle is ruled to have been proper and no appeal is taken, the cash bond shall be forwarded.to the tow truck business that impounded the vehicle. If the decision to impound the vehicle is ruled not to have been proper, the cash bond will be returned to the owner and the city shall .be responsible for the towing and storage charges. The city shall not:be responsible for damages to the towed vehicle or loss of property from such vehicle. Such claims shall be the responsibility of the tow truck business conducting the tow and storage of the vehicle. If an owner.is not satisfied with the decisiori resulting from the impoundment hearing, an appeal of such decision may be made to the permit and license appeal board in accordance with the <:ity ordinance creating such board. In the event that the owner fails to appear at a scheduled hearing, or the.permit and license appeal board upholds the initial decision, the cash bond shall be forwarded to the tow truck business that conducted the tow and storage of the vehicle. This section shall not apply to vehicles held by the Lubbock Police Department under authority of sate or federal laws. SECTION 9. THAT Section 27-196 of the Code of Ordinances of the · City of Lubbock,. Texas, be amended to read as follows: Sec. 27~196. Required. (a) It shall be unlawful to drive or cause to be driven in the. tow ;tuck business within the City of Lubbock unless such person possesses a valid permit therefore • . (b) • It shall be unlawful to drive or cause to be driven in the tow 11truck business a tow truck for which no val id certificate is possessed. {c) . The provisions of subsections (a) and {b) of this section shall not apply to a tow whose point of origin 1s outside the limits of the City of Lubbock. (d) . Notwithstanding any other provision of this article, in any circumstances in which a vehicle or other object is so located on a public street as to constitute a hazard or obstacle, or Jnterferewith traffic, or in the event a stolen vehicle is found, or in.any other circumstance in which a law enforcement officer in the course of his duty deems it necessary, he may require such:vehicle or object to be removed at the owner's expense by any practical means, including use of the rotation lists in accordance with the provisions of this article. 8 I _I '_ I - 7 -r ... - - - - - - - -· -· - - - - ., SECTION 10. THAT Section 27:-197 of 1the Code of Ordinances of the City of Lubbock, Texas, be amended.to rea~ as follows: Sec. 27-197. Permit application and fee. (a) Applications for permits shall be made upon forms supplied by the city secretary, shall be verified by notary and shall contain the following infonnatibn. (1) (2) (3) (5) (6) The true name, the trade·name, address and telephone number of the tow truck business; . ' ;, ' The number, and category of tow.trucks proposed to be operated; · · The names and addresses of the true owners of the tow truck business and, if the business is a corporation, the names and addresses of the corporate officers; The true owners of the tow trucks to be used, if different from the true.owners of the business; .A statement from the city tax assessor-collector that all City of Lubbock taxes on the permit applicant's property to be used . in the bus f ness, both rea 1 and personal, are current; A certificate of public li abil 1 ty and property damage ins,urance1 issued by a casualty insurance company authorized to do business in the State of Texas, in the standard form approved by the State Board of Insurance, containing a provision that at least ten (10) days prior notice of any material change in or cancellation of said insurance shall be given to the city secretary by,the insurance company, and with the insured provision of such policy including the City of Lubbock as an addi.tional insured, and the coverage provision of such pol icy insuring members of the public from any loss or damage that may ari.se to any person or property by reason of the operation of the permit holder's tow truck business, and providing that the amount of coverage shall comply with the limits set forth in all applicable state laws, rules and regulations and this article. . (b) The annual fee for a permit shall be fifty dol1ars ($50.~0} and shall entitle the holder to operate a tow truck business in compliance :with this article. :. (c) Permits shall be renewable in February of each year. If issued or renewed during any other month, the fee for the 9 ,- ....-sn r -----· ..................... -. ... - -; - ,.. -' i -I - - - - - p~rmit shall be prorated for the remainder of the year; however, in addition to the annual fee, a twenty-five dollar ($25.00) penalty<shall be assessed for late renewals. . . (d) Permits shall be prominently displayed at the permit holder's place of business. SECTION 11. THAT Section 27-198 of the Code of Ordinances of the City of Lubbock, Texas, be amended to read as follows: Sec'. 27-198. Certificate application, requirements and fee. (a) A permit holder desiring to have a tow truck certified sha 11 do the fo 11 owing: (1) Submit a copy of the manufacturer's certificate or title to the chief of police along with a request for certification on a form provided by the city secretary. (2) Submit such tow truck for inspection by the chief of police. (b) Following a determination that such tow truck complies with applicable state laws, rules and regulations promulgated pursuant to state laws, and the provisions of this article, the ~hief of police shall issue a certificate of compliance to the permit holder and cause to be affixed to the tow truck's windshield a bumper sticker or such other device as the chief of police shall deem to be of assistance in identifying properly certificated tow trucks. ·. (c) The permit holder shall pay a nonrefundable fee of f,1fteen dollars ($15.00) for each tow truck for which certification is sought. SECTION 12. THAT Section 27-199 of the Code of Ordinances of the City of ~ubbock, Texas, be amended to read as follows: Sec. 27-199. Permit and certificate issuance and suspension or revocation. The city secretary shall issue a permit to those persons complying with the requirements of this article. The chief of poliice shall issue a certificate for any permitted tow truck complying with the requirements of this article. Since the property and safe functioning of tow trucks has critical impact on the health, safety and welfare of the public, involves use of the public streets of the City of Lubbock, often in conditions necessitating the prompt and safe removal of dangerous obstructions to traffic on said streets, the privilege of ope~ating a tow truck within the City of Lubbock shall be subject to strict regulation in order to protect the public, including the 10 ;•- .·-,.. ... - - - - - - - - - - - - ... - ,... following administrative actions in lieu of or in addition to any permitted criminal or civil remedy at law: (l) Suspension or revocation of permit. Grounds for suspension or revocation of a permit may include the following: (2) a. b. Failure to meet any of the requirements of this article for a permit at any time; Operating a tow truck·in such a manner as to endanger any person or property; c. Collecting or charging any fees in excess of those set out in thi~ article; or d. Violation of state law, or any rules or regulations promulgated pursuant to state law, or any City ordinances related to the operation of a tow truck business. Suspension of certificate. The certificate of any tow truck may be suspended and the evidence of certification removed from the tow truck for any of the following: a. Operating a tow truck in such condition that it cannot safely tow a vehicle; b. c. Operating a tow truck not covered by insurance as required by state laws, rules and regulations and this article; or Operating a tow truck that does not meet the requirements for certification set out in this article. SECTION 13. THAT Section 27-200 of the Code of Ordinances of the · City of. Lubbock, Texas, be amended to read as follows: Sec. 27-200. Suspension and revocation procedures, appeals. (a) Notwithstanding any provision of this article, the chief of police shall be authorized to suspend or revoke any permit for a violation of any of those items listed as grounds for suspension or revocation in Sec. 27-199. However, before any permit may be suspended or revoked, the chief of police shall hold a'hearing at which evidence of such violation may be presented and reb.utted. A hearing may be scheduled by the chief of pol ice after receiving a complaint charging a violation or at his discretion upon his •investigation and review. Notice of the hearing, the administrative action proposed to be taken and the grounds therefore shall be given to the permit holder at least ten (10) 11 r ! I- I 1- ,- ,_ i !_ - - r ... ,..,· i ,.., - ,.. r """I; , I days, Prior to the hearing. Mailing such notice by certified mail to .,the last known business address of the permit holder not less than Jen i(lO) days prior to the hearing shall constitute adequate notice. If the chief of police sus~ends or revokes a permit, he shall notify the permit holder in writing of the reasons for the suspension or revocation, the date of reinstatement, if any, or the conditions1which must be satisfied for reinstatement, and such notification shall advise the permit holder that he may appeal such decision to the permit and license appeal board in accordance with.the City ordinance creating such board. Mailing such notification by certified mail to the last known business address of the permit ~older within ten (10) days of the hearing shall be deemed sufficient •. No person whose permit has been revoked shall .be eligible to' apply for a new permit for at least six (6) months from the date the revocation became effective. Prior suspensions may be considered by the chief of police in determining whether to suspend or•revoke a permit. (b) ·. Suspension of a certificate may be accomplished by the chief of police or by any law enforcement officer who shall discover a tow truck in operation that is deficient under the provisions of Sec. 27-199(2)a., b. or c. Suspension will be accomplished by the removal from the tow truck of the device signifying certification. Such certificate shall be f"eissued when the condition is corrected and the vehicle reinspected by the chief of police. The cost for such reinspection shall be twenty dollars ($20.00). Such suspension may be appealed by giving written notice of such appeal to the chief of police within ten (lO}days of the suspension of such certificate. Such hearing sha11 be had before the chief of pol ice within ten (10) days of the 'receipt of the written notice. The chief of police shall · notify the certificate holder of his decision upon the certificate tn writing within ten (10) days of the hearing. If such . suspensio1' is upheld, the notice of decision shall state what action wi:U be necessary to have a certificate reissued and that · such decision may be appealed to the permit and license appeal board in accordance with the city ordinance creating such board. SECT.ION 14 .• THAT Section 27-201 of the Code of Ordinances of the City. of Lubbock, Texas, be amended to read as follows: Sec. 27-201. Duties of permit holders. (a) It sha11 be the obligation of all permit holders under this article to operate tow trucks so as to provide safe and prompt removal of wrecked and disabled vehicles from public streets of the City of Lubbock when properly called upon to do so in accordance with provisions of this article. 12 .- - - - I - I, - - I (b) The duty to provide safe and prompt tow truck service upon :call includes, but is not limited to, the following specific duties. (l} (2) (3) (4) (5) {6) Upon receiving a call from the police department, the permit holder shall immediately dispatch the requested capacity tow truck.to,the desired location, or, if the permit holder does ,not wish to respond or cannot· respond for some reason, then he shall so inform the police department at once. Upon arriving at. the scene of a collision within the City of Lubbock, the permit holder shall take direction from the law enforcement officer in charge of investigating the collision, in accordance with state law. The permit holder towing a vehicle from the scene of a collision within the City of Lubbock shall remove all debris of the collision from the street. This duty specifically includes the removal of broken glass and metal fragments and the spilled load of any vehicle. Such debris should be disposed of in a manner which will keep it out of.gutters, storm sewers, streams, public right of way, and property not belonging to the permit holder. The officer on the scene may assist in locating a place for disposal of such debris. If a permit holder fs requested to tow a vehicle to a particular place of repair and such repair business is not open at the time of the tow, then the permit holder shall complete the tow to the designated place at the earliest possible time and shall not charge for storage until such time as the repair business is open. No permit holder shall store any vehicles or tow trucks on public streets or public rights of way in the City of Lubbock. Permit holders hall use reasonable care in the towing and storage of vehicles so as to minimize the possibility of further damage or theft. . All permit holders shall comply with all state laws, rules and regulation promulgated pursuant to state laws, and all City ordinances, including zoning, health and fire prevention ordinances. SECTION 15. THAT Section 27-202 of the Code of Ordinances of the City of Lubbock, Texas, be amended to read as follows: 13 r .. - - I ,..., -· _, - - - _.:r .. - Sec. 27-202. Penalties. Any person who violates any of the provisions of this article shall, in addition to such administrative actions as set out herein, be guilty of a misdemeanor and, upon conviction thereof, be subject to a fine not to .exceed two hundred dollars ($200.00) •. SECTION· 16. THAT Chapter 27 of the Code of Ordinances of .the City of Lubbock, Texas, be amended by adding a new Section 27-203 to read as follows: Sec. 27-203. :Applicability to consent tows. The provisions of this article do not apply to consent tows or to persons engaged in the business of consent tows as defined in Sec. 27-181. SECTION 17. THAT Chapter 27 of the Code of Ordinances of the City of Lubbock, Texas, be amended by adding a new Section 27-204 to read as follows: Sec. 27·204. Complaints. All citizen complaints involving tow truck businesses shall be submitted to the city secretary in writing and shall be signed by the complainant. The city secretary shall then notify the chief of police and the named tow truck business of the complaint. SECTION 18. THAT should any section, paragraph, sentence, clause, phrase or wbrd of this Ordinance by declared unconstitutional or invalid for any ,reason, the r_emainder of this Ordinance shall not be affected thereby. SECTION 19. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method as provided by law. SECTION 20. THAT violation of any provision of this Ordinance shall be deemed a mistlemeanor punishable by a fine not to exceed two hundred dollars ($2001.00) as provided fn Section 1-4 of the Code of Ordinances of the City of Lubbock. 14 No Text -.. i .- .... i .. : i I ,..! I .. ( . I ! I i-1 I - ,.. .... .. I r6 I I ,.. I THE TEXAS TOW TRUCK ACT I i- - .... ,.. ,_ - .......... ----_:.. I-••• I -..... ol --........... " 8ecUo:n 1. l)BJ'llf.t'l'XOliS n thh:Acta ~-ftUCJt:S J.rt.ic1e gfi87•tl> (1) ncom11.bsion11 means the siezas commission of I.ice:i.aing and Regulation. . (2) "Com:m.issionert• means the co:mmiasiouer of 1iceuaing and regulation. (3) •J>epartaent11 means the siexu Department of I.icenain; and Regulation. (0 trTow truck" means a motor vehicle or necbanical device adapted.or uae4 to tow, winch, or otherwise move disabled motor vehicles. C!i > tr'l'ow truck owner'' means a person engaged in the l:lusiness of using a tov truck to tow, winch, or otherwise move a motor vehicle. f""' Section .. 2. 11.BGIS'.rll'l'XOH 11.BQ~S - (a) Except as provi4e4 l:ly Section S of this Act, a person may not operate a tov truck in this state unless the tow truck is registered with the department as provided l:ly thia Act. (ti) '!l.'be commissioner ahall issue registration to a tow truck owner whose registration requirements praacribed l:ly rule and who pays the registration fee. a certificate of vehicle meets the of the commissioner (c) A certificate of re;istration issued under this Act ia not transferable. Section 3. POWERS DD l)tJl'XBS o:r COIOllSSXODR. l'he comllliaaioner shall adopt rules reg-arding only tbe ainimwn insurance requirements tor the operation of tow trucks and minimum safety standards regarding the operation. of tow trucks. !"9 Section •• IDB!l'l'XJ'XCA'l'XO• UQUXJUDllDr.t'. (a) 'l'o ~e eligible for registration under tbia Act, a tow _ truck must be labeled on both aides of tbe tow truck with the name, aadreu, and telephone number of the tow truck 0W11er. - (b) '!l.'he commissioner aball adopt rules relating to the identification requirement imposed unaer this section. Section !i. ZITEC'l' 01' KtJJII.C:IP&L DGVJ:.l.'1':IOH. Ho municipality in the atat• aay roquir• a tow truck ragistere4 under the prcvieicns of this Act to obtain a municipal registration, license, or permit for consent tcwa 1.mlesa the tcw truck cvner has a place of busineaa located within the boundaries of that municipality. .& municipality may require a municipal reqbtraticn, license, or permit fer all tow truck• perfcrminq nonccnsent tows within the l>oundarie• of the municipality without regard tc the location of the place of ~usin••• of th• tow truck owner. '!!.'he municipal registration, license, or permit will be in additicn to the requirements of thi• act. section•• ~. (&) A certificate of reqistraticn i• T&li4 for th• period aet by the commission and aay b• renewo4 by paying to th• co:mmiaaioner the require4 renewal fee. Section 7. Dmrn.:r., SUSPDS:IOB, OJl Jt.B'VOC1'1':IOB OP l.ICDSB. (a) The ccmmiasioner may deny, auapen4, revoke or reinstate a certificate of registration. (b) '!!.'he ccm.miasioner shall a4opt rules Hta.blbhing the p:oce4ures tor denial, suspension, revocation, or reinstatement of a ce:tificate of registration for failure to fellow the insurance an4 minimum safety requirements estlll:>1isbo4 by the ccmm.iaaioner. (c) Prccee4ings . relating tc the denial, •uspension, or rovocat:tcn cf a certificate of registration iaaue4 un4er this .let are subject tc the Administrative Procedure u4 Texas aegiater Act (Article IZS2-13a, Vernon•• Texa9 Civil statutes). section a. :emLft. • (a) A person commit• au offenae if the person operate• fer compensation a tov truck that does not have a valid certificate of registraticniasuecluncler thi• Act. (b) An offense under thi• aection i • a Cla•a c 111.iadueancr. • I ,; -- .. -' ,... - r-: ' I -I - ~i - .... ! I 'l'OW nvcu,. anaI&Ii!•LJ:amras n&ns a.rtlol• a1,1a•Si Ca> in thia aoctions (1) ~ track" ••n• a aotor "fehicl• or aachanical 4evic• a4aptad or uaacs to t.ov, winch, or otherviae aov• diaal>lecl aotor vehicl••~ (2 > •!!!ow track one:• aeus a peraon engaged in the l:>usinaas of uain; a t.ov truck, to tow, winch, or othervi•• aove a · aotor vehicle. • (b) '1'he department •hall 4e1ign ucs provide for the i••uuce of apecial lic•n•• plat•• for 0011.211ercial aotor vehicles uaecl •• tow trucka. '1'he licu1.ae plat•• •hall 1:>01.r the wor4• •~ow TrucJl:11. (c) 'the department •hall i••u• licen•e plat•• muser this ••ction to a tow truck oner whoa (1) appli•• to the oo\lllty tu collector in the cow::itr of the oner•• resiclenc• on a form approvecl l:>y th• department, ,. (2) • •uhmit• with the application a oertifi•d copy of the certificate of re;btration iuuacl by tho comm.baionar of licensing ucs ro;ulation for that tov truct1 ancl ••ction. (3) pays tho. fe• preacribacl ~1 •=••ction <•> of this (cl) lte;-btration m:1clor this ••ct.ion 1• vaU4 for one year ancl _erpire in the •ue &IJU:l.or •• r•iUl&r aotor vehicle reqi•trat.f.ons. <•> '1'he fee for lic•n•• plates uncler thi• ••ct.ion i• ,11, in addition to the foe impoaacl 1:>y section I oft.hi• act. I I I - ... - ... - - - ,,.. - .... .. '--; !'ED.S Lt'l'HR .U1.Tl!IMBHT AC'l' artiole U77•ta Section 5.05(1:,) (b) If a garage keeper or storage facility acquires. possession of a motor vehicle for a purpose other than repair, the garagekeeper or storage facility is entitled to towing, preservation, and notification.charges and to reasonable storage fees, in addition to storage fees earned. pursuant to contract, for a maximWDof 7 days only until notification is :mailed to the last known registered owner and all lien holders of record as provided. by subsection (a) of this section. After such notice is mailed, storage f~es may continue until the vehicle is removed and all accrued charges are paid. A garagekeeper who fails to report the possession of an abandoned vehicle to the police department within 7 days after it becomes abandoned may no longer claim reimbursement for storage of the vehicle. Section 1.. IUGHTS OP OWNER OF A STOUD VEHICLE Article 1701g-3 (1) "Vehicle storage facilityn bas the meaning assigned to that term by Article 6687-9a, Revised Statutes. (2) 11Vehiclen has the meaning assigned to that term by Article 6687-9a, Revised Statutes. section 2. :If a vehicle has been moved and placed in a vehicle storage facility without the consent of the owner, the owner is entitled to a hearing to determine whether or not probable cause existed for the removal and placement of the vehicle. A hearing under this article shall be before a justice of the peace or magistrate in whose jurisdiction the vehicle'storage facility is locatea. Section 3. (a) A person entitled to a hearing under this article must deliver a written request for the bearing to the court before the sixth day after the date the vehicle was placed in the vehicle storage facility. :In computing time under this subsection, Saturdays, Sundays, and legal holidays are excluaed. A person who fails to deliver the request within the specified time period waives the right to the hearing. (b) A written notice under this section must contain the following information: (1) the nee, address, and telephone n\ll!lber cf the owner of the vehicle; (2) the date and the location from which the vehicle was removed; (3) the nmne, address, and telephone :n'Ul!lber of the person or law enforcement agency who authorized the removal; and ( 4) the no~, address, and telephone n'Ul!lber of the vehicle storage facility where the vehicle was placed. Section c. (a) A hearing under this article shall be held before the fourth working day after the date the request for the hearing was received by the court. The court shall notify the vehicle's owner and the person or - ,- - r - ,.. ' ,.. .. .. ,... .-• .... ~ •------- law enforcement agency who authoriz~d. the re:moval of the vehicle of the date, time, and place of the hearing. (c) The court may charge a filing fee of $10 for a hearing under this article and may award court costs to the prevailing party. (cl) The sole issue in a hearing under this article is whether or not probably cause existed for the re:moval and placement of the vehicle. (e) The court shall make written findings of fact and a conclusion of law regarding the issue in the bearing. aecticn s. PAYMENT OJ' S!l'OU.GB COS'l'S. (a) If the court determines 1:bat probable cause existed for the removal and placement of the vehicle, the owner of the vehicle shall pay the costs of removing and storing the vehicle. (b) If the court does not determine that probable cause existed for the removal and placement of the vehicle, the person or law enforcement agency who authorized the removal shall pay the costs of removing and storing the vehicle. If the veh1cle 1s owner paid removal or storage costs before the hearing, the person or law enforcement agency shall fully reimburse the owner. :- - - t'ezaa J>epartaent cf laicenaing amt! llegal.ation Chapter BO 'l'Ow lfrucka authority. Page 1 of 32 'l'hese :rules are promulgated under the authority cf the lfez:as Tow !'ruck Act (Texas Civil Statutes, Article •H7-tb) a:n4 'l'exas Civil statutes, Article ,100. ao.10. Definitions. ~he following vords ant! terms, when uae4 in thia chapter, ahall have the followini meanings, unless the context clearly indicates ,-otherwise. - - ... - - .... - ,... !rhe Act -Texas Civil statutes, Article •&&7-tb, relating to· -tow trucks. Certificate of . registration -the document issued 1'y tbe depa.rtment authorizing the operation of a specific tow t:ruc:t. cou.iaaion -the !.'ez:as commiesion of Licensing aniS Regulation • Commissioner -the commissioner of licensing and regulation. Consent tov -any tow con4ucte4 vith the permission of, or at the 4irection of, the towe4 vehicle•• le;al or registered oner, or such owner•• authorized representative. Except as ••t forth in the definition of 11nonc_onaent tow'll 1'elov, a tovwill J:>e consi4ered a consent tow where the oner is able to vive consent • Department -the 'fez:aa Department of Licensing u4 Regulation. Jd.ni•wrecker • •elf containe4 non•aelf-propelle4 tovin; device Motor Vebiclo • a vebicle subject to registration under the !'uas Departaen.t of Licensing ud Regulation Chapter 80 'l'ov !'ruc:t:s Page z of 32 certificate of Title Act (Texas Civ:l.1 Statutes, Article 1687-1) or any other device 4eaiqnec! to be ••lt-propelled or transported on · a public highway. Bonconaent tov -any tow conducted without the p•rmi•sion of, or not at the direction of, the towed Tehicle•a legal or registered 0V21er, or such owner•• authorizedrepresentative. Regardless of this definition,· certified law enforcement officials may control the scene cf an acci4ent in the IIIIUU'ler they deem appropriate an4 order a nonconsent tow. Operate -driving a tow truck on a public roadway. Operator -any person operating a tow truck, regar41ess of whether the person owns the truck. Original. application -the require4 written application form, proof of insurance, photographs u4 any uc! all applicable tees. Person• an.individual or any other legal entity aegistrant -a tow truck owner who has obtained a department certificate of registration for a tow truck. aeneval application -the written application form, proof of insurance, and any and all appU.cahle fees. !'ow truck -a actor 'Vehicle or aechanical device adapted or used to tow, winch, or otherwise move actor vehicl••• Specifically, wheeled vehicles vith a mechanical, electrical or hydraulic winch, ... ·-· 'l'aas 1>epartaent of LicBllBin'g and aequ.1.ation Chapter 80 'l'ov 'l'rucks l'age 3 of' 32 ,... hydraulic wheel lift, or mechanical wheel lift, that are adapted or used to tow, winch or otherwise move vehicle• are considered tow ,.. ,.. ... - ,.. - ,.. .... trucks. Rollbacks and flat ~ed trucks with •lings, winches or wheel lifts are considered tow truck.a. "Kini-wreckers" are also considered tow. trucks, except where descri~ed in aection 80.30 of this title (relating to Exceptions) • . , . !'_ow truck owner - a person owning, leasing, or otherwise ,using, either direc;tly or indirectly, a tow truck on a public roadway. ao.20 Registration Requirements. ,., (a) Each , tow , truck must have its ovn certificate of registration. A certificate of regiatration is not assign~le or transfer~le. (b) Each certificate or registration expires at midnight on its anniversary data. (cJ A certificate of registration allow• a tow truck to ~e operated in the state of 'l'exas, provided the tov truck complies with all other appli~~l• atate lava. %n particular, the provisions of the 'l'exas Motor carrier Act, !'exas Civil statutes, Article 911b must ~e complied with when towing from one incorporated. city to another. !'hi• Act and its rules 4o not in any way_ reduce, diminiah or.otherwise affect the juriadiction of the I I I• !'exas J>epartaent of Licensi:Dg anc! RegUJ.ation Chapter 80 lfov !trucks '!fexas Railroad commission. Page 4 of 32 (GJ -the certificate of re;ietration, or an accurate copy thereof, eball be kept in the tow truck at all times and presented immediately to any department representative er certified law enforcement oft'icial who asks to eee it. (eJ · A person, corporation, partnership, or any ether entity desiring to operate a tow truck •ball file an appropriate written application with the department annually en a form provided by the department t'or that purpose. !l'he written application form shall t,e accompanied by a .certificate of insurance, required photographs ud the required fees. 'l'he application must be aiqned by the tow t:ruck•s owner or the owner•• authorise4 agent. . (fJ '!fhe followinq information is required in· the original application: (1) year and aake of the vehicle; · (2) vehicl• identification number, (3) 9ross weight: (4) current 1exas license plate Dumber, (5) name, a44re111s and telephone Dumber of the tow truck•• ovnar, (6) aalea tu identification number, if applicable, (7J two photographs of tbe tov trucJr:, one of each aide, 7 i 7 -, I -, J 7 ... .... - ,.. - IJ.'ezas Departaent of Lic1111S.b.g u4 .• Requ.J.ation Chapter 80 IJ.'ow l'rucks Page ·5 of 32 showing tb.e name, a44ress an4 telephone 11.umJ:,er of tbe busine,,;s operating tbe tow truck permanently inscribe4 or affixe4 on each aide as required :by section ao.100 of this chapter (relating to Technical aequirements)1 an4 (B) a certification claiming exemption if an owner is ,-claiming an exemption from cargo insurance coverage. - i r (g) A renewU··appU.cation must" contaizu (1) the a44ress and phone numl,er of the tow truck owner if 4ifferent from that indicate4 on the original appU.cationr CZ) the vehicle's current ''l'exas license plate number if '"it is 4ifferent from the one in4icate4 on the oriqinal appU.catioiu and (3) the vebicle•s current department certificate of registration numJ:,er. (h) Seth original an4 renewal applications •hall inclu4e a -certification that tba truck complies with the •afety an4 insurance - - requirements as set forth in •ect:lona ao.co an4 eo.100 of this title (relating to Insurance an4 !'ecbuical Requirement•>• (i) If the applicant i• a corporation, the in4iv14ual who aigns the :application fom, ~r his •!;nature, is certifying that ,-the corporation is in 9004 eta.n4ing with the state Comptroller•• r I"'" i i Office. ~ezas Departaent of' Liceuing ud aegu1atio11 Chapter eo 'l'ov 'l'ruc:ts Page c of' S2 (j) Annual renewal applications aay be submitte4 up to 45 days prior to .the e:r:piration of the original certificate of' registration. All required t'eea aust J)e IIUl:lm.itted with the written renewal application. (k) If a tow truck owner t'aila to renew the certificate of registration before it expires, be aay renew it on payment of the renewal fee and. a $25 late f'ee. l'hi• renewal certificate of registration will be valid t'or one year from the date of its issuance by the department. If an application f'or renewal is not completed. by the 31st day after the current . certit'icate of re;istration expires, the certificate ct' re;istration may not be renewed. To reinstate the certit'icate of registration, the owner must comply with the requirements for an original certificate of registration. (l) If a tov truck owner is retirin; a truck and replacing it, or replacing a truck that ls being put out of' ••rvico due to t'lre, theft er other irreparable damage, the ovner aay submit the requiretJ information f.o~ the nev truck. to the department, including a certificate of insurance damonstratin; covera9e of' the new truck, along with a $25 duplicate registration ree, and a replacement· certificate of re;istration will be 1ssue4 that will remain valid for the replacement truck until the expiration date on the original 7 I r - - - - - ... ,... r r r - .... - -i r t"ezas Depart:aent of l.ic:umsing 04 Regulation Chapter 80 Page 7 of 32 ~ow ~ruck.a certificate of registration for the truck being replaced. 80.30 bemptions (a) ~he commissioner has determined that tbere is insufficient legislative quida.nce to promulgate administrative rules regarding all tow trucks. (b) ~ow trucks or towing devices are exempt from regulation under the Act if they ares C1J vehicles bearing exempt or military license plates; C2) rented tow bars or towing devices used .by .in~ividuals who are not engaged in automotive or vehicle related ·businesses and which are J:ieing used on a one time basis; (3) ho!:)J:)yists towing race cars, cars for exhibitions, or antique automobiles; (4) recreational vehicles towing, or being towe.-,, by their owner, or (5) considered to be transports that haul four or more "f'ehicles. ao.,o (a) A re;iatrant •hall proc:n2re, and keep in full force and effect at . all times vhen tbe registration i• in effect, all insurance required bJ' thi• •ection. 1\t tbe time of original registration, and upon renewal, the insurance carrier, or its 'l'ezas J>epartaent ofr.icensirig and Jlegulatio11 Chapter eo 'l'ov 'l'rucks Page a of 32 · authorize4 agent, must tile a certificate of insurance with the department. !'he certificate must certify the t:,pe and amount of insurance coverage an4 provide for so days written notice to the department of cancellation of or aaterial change in the policy. (b) '2.'he policies an4 certificates shall be issue4 by a casualty insurance company which is authorize4 to do business in this state and shall comply vith all applicable state aoar4 of %nsurance regulations. (c) ~he coverage provisions insuring the public from loss or damage that may arise to any person or property by reason of the operation of a tow truck shall •et.minimwit limits for each tow truck as follows, 7 j ' 7 (1) Each tow truck must have liability insurance -1 coverage. %t is the intent of this aubsection to provide for insurance covering damage, ucept that to the tove4 vehicle, for which the tow truck owner is liable. (A) Bach tov truck with a gross vehicle weight of· 16,000 poun4s or less •ust carry $300,000 combined •ingle limit coverage. (B) Bach tov truck with a gross vehicle veight over 16,000 pounds must carry $5001 000 combine4 single limit coverage. (2) Each tow truck aust have tow truck cargo, on-hoot 7 ' -! ' ,.. I \ .... .... - - - l'aas Departaent of Licensing-·. u4 ·. ae;uiation Chapter so l'ov -.rrucks l>age 9 of 32 er aimilar type b.surance. It is the intent of this •ubsection to require . insurance covering clamage to the towed vehicle while it ill in the care, c:usto4y or control of the tow truck 0YZ1er ancl for which saicl owner is liable. !'ha tez:a "damage" •hall inclucle, tiut is not limitecl to damage to the towecl vehicle that is the clirect or inclirect result of an improper hookup or improper towing. (A) Each tow truck with a g-roBB vehicle weight of 26,000 -pounds or leas must carry cargo on-hook or aimilar type insurance r· I r r r in an amount not less than $10,ooo. In lieu of this coverage, each . truck may have garaqekeepe;-• s legal liability insurance with clirect primary coverage options in an amount not leH than $10,000 to -. cover damage to the towe4 vehicle. !'his provision does not apply to an owner whose tow truck tovs only property be ovns. Por this ezemption to apply, the owner must certify, in Ilia application for registration, that Ilia truek is uaecl to tow only property :b.e ons. In acl4ition, any owner claiming this ezemption must pez:aanently affiz on eaeh side of the truck, in letter• at least 'two inches ,,.. high, the phrase 11Not J'or Bir•"• - r (B) Zach tow truck with a qro•• vehicle wei9ht over 11,000 poun4a ancl a tanclem axle muat have tow truck car;o or on- boot insurance fer the coverage of a towed vehicle in an amount not less than $25,ooo. In lieu of this coverage, each truck may have ~ezas Departaent. or 14.cemsin; uc! lteqal.at:lon Cbapter 80 !'ov 'l'ruc:t.s •a;e :LD Of 32 qaragekeeper•s legal liability insurance with direct primary coverage options in an amount 11ot leas thu $25,000 to cover damage to the towed vehicle. ftis provision does not apply to an owner whose tow truck tows only property he ovn•• Por tbie exemption to apply, the owner must certify, in his application ror registration, that bis truck is used to t.ow only property be owns. :r:n addition, any ovner claiming this exemption.must permanently affix on each aide of the truck, in letters at least two inches high, the phrase "Hot Por Eire". (d) '!'he certificate of insurance shall also: (1) apecify that the policy covers the vehicle eubject to the certificate cf registration, C2) list the Department of Licensing and Regulation tow .· truck reqistration 11'Wlll>er, unless th• truc:t i • :being re;iatered for the first time and does 11ot yet have a registration 11'Wlll>er1 (3) ident.iry the vehicle :by aue, aodel, and vehicle identification n'Wlll>err and <•> indicat• that the policy complies with the intent of and minimum covera;e limits establiebed by th••• rules. <•> Bach tov truck aust be biaured •o •• to aeet the 7 I requirements of all other applicable statutes, including the 'l'exas 7. Motor Carrier Act, in addition to meet.in; the insurance 7 - I""' r - Ten.a. Depart.aent of r.icnsia; · an4 ae;uiation Chapter so Tow Trucks J?a;e 11 of 32 -requirements aet forth in this chapter. - - - - - - - - - - - - (f) A tow truck re;iatration iaaued under the Act •hall be auspended upon cancellation or expiration, for whatever reason, cf any insurance required by this section. (g) Xf the applicant•a tow truck ia insured UDder a ~leet policy, the application must. state this, and the policy numl:>er must be indicated on the application form. (h) Xf the applicant•s tow truck ia aelf insured under the ~exas Xnsurance Code a copy of the self insured certificate issued by the Insurance Soard must be attached to the application. 80.tiiO Responsibilities of the Departaent (a) The department shall conduct random inspections of tow trucks in order to ensure their compliance with the requirements of these rules. (b) The department shall investigate alleged violations of these rules per the terms and procedures ••t forth in ~axas civil Statutes, Article 9100. ao.,o (a) ~he tow truck ovner must allow the department, aa part cf an inspection or inveatiqaticn, to enter his business premises during reasonable business hour• to examine llll.d ccp1 any records that relate directly or indirectly to tho inspection er Tezaa Departaent of laicensing IIJlcS Regulation Chapter eo l'ov l'rucJcs Page 12 of' 32 investigation being concSucteG, including but not limitecS to the cperation of tbe tow truck in question. (b) !'he tov truck owner must sake t!ie tow truck available for inspection upon reasonable notice given by the department. Reasonable notice shall be defined as not less than four hours. (c) fhe tow truck owner must ensure that new certificates of insurance are lllailed to . the department each time the tow truck OW?ler•s insurance is renewed. 80.80 Fees -Original Registration !the annual fee for an original certificate of' re;istration is $125 for each truck. ~his fee is not refundable. ao.81 Fees -Renewal Registration (a) fte annual fee for a renewal certificate of registration is $50 for each truck. !'his fee is not refuncSable. (b) A late fee of $25 vill be charged if the completeG renewal certificatecf registration application is postmarked up to u c:lays after tbe oric;inal certificate cf registration expires. !'his fee is not refundable. 80.82 Fees -DUplicate Registration A $25 fee will be charged for issuance cf a duplicate certificate of registration. 'this fee is not refuncSable. 7 J J 7 ! ... r - !"" - - - 'tez:as 1>epartaent of Licezud.ilg am.a aegul.atlo:n Chapter 80 Page 13 cf 32 l.'ov !J.'rucks eo.to sanctions -Administrative auctions (a) %fa person violates the J.ct, or a rule or or4er a4opte4 or issue4 by the commissioner relating to the Act, the commissioner •hall: (1) issue a written repriman4 to the person that epecifies the violation, (2) deny, revoke or auspen4 the person•• license1 (3) place on probation a person ¥hose license haB been auspen4e4. (b) :tf a suspension is probate4, the commiseioner may require r the person to: r" t r i - ·i I Ir (1) report regularly to the commissioner on matters that are the basis of the probation, or (2) limit practice to the areas prescribe4 by the . commissioner. (c) If, after investigation cf a possible violation an4 the facts aurroun4ing that possible violation, the commissioner determines that a violation has occurred, the commissioner •hall iasue a preliminarr report atatin; the facts on vhich the conclusion that a violation occurre4 i• base4, recommen4in; that an a~inistrative sucU.on be impo•e4 on the person char;e4, u4 recommen4in; the precise nature an4 con4itiona, if ey, of that I l Texas Departaent of Licensing anll llegul.ation Chapter so •age 1.4 of 32 'low 'l'rucks proposed eanction. fte commisaioner ahall ~ase the recommended •anction, and any accompanying contitiona, on the following factors: (1) the aeriousness of the violation, (2) the history of previous violations; (3) the amount necessary to Geter future violations; (,C) efforts made to correct tbe violation, and (SJ any other aattera that justice aay require. (ell) Not later than the 14th cay after the Gay on wbicb the preliminary report is iasuecll, the department •hall give written 7 notice of the violation to the person charged. ~he notice shall 7 include: (1) a 1:1.rief summary of the charges; (Z) a statement of the proposed sanction, and any accompanying conditions, a.nil (3)· a atatement of the riqht of tbe parson cbarqed to a bearing on the occurrence of the violation ancll the •anction and any terms thereof. (eJ 11ot later than the 20th day after the date on which the tiotice is received, the person charqed aay accept the deteni.ination of the commissioner made under this rule, including the recommended suction and all accompanying conditions, or make a written request ' - - - - - - - r r ,- - - Tezas Departaent of Liceuillg a:nG llegulation Chapter 80 \!l'ov 'l'rucks for a hearing on that determination.· ••ve 1s· of .s2 Cf) If the person charged with the violation accepts the determination of the commisaioner, the commissioner aball iaaue an crl'Jer approving tbe determination anl'J orGering that the recommenl'Jec!! •anction anc!! accompanying conditions be impoael'J upon that person. (g) If the person charged fails to responc!! in a timely manner to the notice, or if the person requests · a bearing, the commissioner· shall aet a bearing, qive written 11.otice of the hearing to the peraon, and designate a bearings ezaminer to conl'Juct the bearing. , -;e: •• (h) If an administrative bearing i• held, and tbe person wishes to dispute the administrative •anction impoael'J, not later thu the 30th day after the date on wbicb the decision is final aa provided by Administrative Procedure and Tezaa Register Act (~exas Civil StatutH, Article '2SZ•Ua) Section 1,cc), the person charged shall file a petition for judicial review contesting the fact of the violation an.I'S/or the administrative aanction. Jul'Jicial review is aubject to the aubatnt:lal evidence rule ud •ball be inatitutel'J -~y filing a petition with a ~ravb count:r district court as r r i provided by Administrative Procedure anG ~ezas Regiater ~ct (Texas civil statutes, Article ,2s2-1sa) section 11. (iJ A motion for a rehearing is a prerequisite for an appeal. l'ezas J>epartaent of Licensing and Requlation Chapter 80 l'ov ~ru.cks 10.11 Sa.nctions•-Ac!&ill!strative Panalf:J'fl'lne (a) lf a peraon violates the Act, or a rule or order adopted or issued by the commissioner relating to the Act, t.he commission aay, in addition to or in lieu of• auction impoaed under aection eo.10 of this Chapter (relating to Sanctions•-Administrative sanctions), assess an administrative penalty in an .amount not to exceed $1,000 for each·violation. (b) A penalty collected w:user this aection •hall be l!eposited . in the state treasury to the credit of the general :revenue fund. (c) If, after investi;ation of a possible violation and the 7 facts surrounding that possible violation, the commissioner 7 determines that a violation has occurred, the commissioner shall issue a prelimin.u:y :report atating the ~acts on which the conclusion that a violation occurred i• based, recommending that an administrative penalty not to exceed $1,000 for each violation be imposed on the person charged, and :reco:mmending the amount of that propoaed penalty. ft• commissioner ahall base the recommen4ed amount of the proposed penalty on the following factorat (1) the aeriousness oft.be violation, (~) the hiatory of previous violations, (3) the amount necessary to deter future violation•, (4) efforts made to correct the violation, and 7 -.. ,... "-.t-·· I -, ·p•-·p-: ......... t:uas l>epartaent of Licensing a:n4 Regulation Chapter so · !J.'ov 'l'rucks s>age 17 of 32 (5) any other matters that justice may require. 1 (OJ Hot later than the 1,th day after the day on vhicb the . preliminary report is issued, the department shall give written -:notice cf the viclation to the person charged. 1.l'he notice •hall include: .... (1) a ~rief sum.mary of the charges, (2) a statement ,,·of the amount of · the penalty .... I recommended, and - - (!) a statement of·the right of the person charged tc a,hearing on the occurrence of t!:ie violation' and the amount of the "'Penalty. .... · (e) Not later th&n the 20th day after the date on whicb the I notice is received, the person charged may accept the determination ,-cf the commissioner made under thia rule, including the recc:mmended penalty, or make .a written request for a bearing ·on that - - - r r · i deteminaticn. (f) If tbe person charged with the violation accepts the determination of the commissioner, the comm.ia•icn •hall i •aue an crder approving the determ:lnaticn and ordering that th• per•on pay ;the recommended penalty. (g) :tf the person charqed fails to respond in a timely manner to the notice, or if the person request• a bearing, the t'aas Departaent of Licensing and RegUlation Chapter ao t'OY Trucks I-age 18 of 32 commissioner shall aet a bearing, give writtu notice of the llearin; to the person, and designate a bearings uaminer to conduct the bearing. (h) Zf an administrative hearing is b•14, ~ot 1ater tbu the 30th day after the date on which the decision is final as provided by Administrative Procedure and Texas Register Act, (l'exas civil statutes, Article 6252•13a) section 16 (c), the person charged shall: (1) pay the penalty in fullJ or (2) file a petition for judicial review contesting the 7 fact of the violation and/or the administrative penalty/fine. 7 3u4icial review is sUbject to.the substantial evidence rule and shall be institutea by filing a petition with a 'fravis county 7 district court as provided by Administrative Proceaure and 'fezas ltegiater Act. (l'exas .civil Statutes, Article HSZ•Ua) Section .u. Zf this petition for judicial review is filed, the person aust forward. the amount of the administrative penalty/fine to the department for ~epoait tn an escrow account, or post a superaedeas l>ond vith the department in the amount of the penalty/fine, until judicial review i• final. (i) A person chaJ:'9'•4 with a penalty Wbo is financially unable to comply with eUbaaction (b)(Z) of this section is entitled to - ... I""' tf'ezas Departaent Of Liceu:l.iag &n4 Requl.-.t:iOD Chapter 80 TOY l'rucks :judicial review if the person files vi th the court~ as part of the person's petition for judicial review, a porn etatement that the person is unable to meet the requirements of that subsection. (j) Except as provided J:>y •ubaection Ci) of this •ecticn, failure to forward the amount asaeesed or post the bond with the -Gepartment, in the manner ana vithin the period preacribed by the ,.. r r - Gepartment, results in a.waiver of le;U righta to judicial review. If the person charged fails to forward the amount assesaed or post the bond, the Gepartment or the attoni,ey general m:ay bring an action for the collection of the penalty. (k) A motion tor rehearing is a prerequisite for an appeal. ~0.12 Ba.nctiou••Xnj,:mctive Relief ua Civil Pena1ty If it appears that a person i• in violation of, or is threatening to violate, the Act or a rule or order of the co:mmiaaioner related to the Act, the attorney general or the co:mmiasicner may institute ,.. an action fer injunctive relief to restrain the . peraon from · - - - continuin; the violation and for civil penalties not ezceeding $1,00D for each violation ant! not ez:ceec:J.ing $2501 0D0 in the aggregate. 80.tJ Sanctions--Criminal Penal.ty (a) A person commits an offense if the person operates a tow truck that Goes not. have a valitl certificate of registration issued !'exas J:>epartaent of Licensing an4 Regulation Chapter 80 l!'ov Trucks muser the Act. Paqe 20 of 32 (b) An offense un4er thi• aection ie a Clas• c ais4emeanor. ao.1, sanction.s--Jil.evocation or Suspension because of a crlldnal conviction (a)· PUrsuant to ~exaa Civil Statutes, Article 6252•13c, the commissioner, after a hearing, may •uspen4 or revoke an ezisting certificate of registration, or disqualify a person from receiving a certificate of registration, because that person has a felony or misdemeanor conviction that directly relates to the duties and. , responsibilities involved in operating a tow truck.· The department may also, after hearing, auspen4, revoke or deny a certificate of registration because of a person•a felony probation revocation, parole revocation or revocation of mandatory •upervision. ())) In determining whether a criminal conviction 4irectly relates to the operation of a tow truck, the commissioner •hall consid.er: (1) the nature and ••riou1nesa of.the cri&er (2) the relationship of the crime to the aafe operation and insuring of a tov truck, (3) the extent to which a.certificate of registration might offer an opportunity to engage in further criminal activity of the same type as that in which the person vas previously ...., I ... Texas Departaent of LicensiDg and aegul.ation Chapter 80 '1'ov Trucks involved; and Page 21 of 32 (4) the relationship. of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of operating a tow truck. (c) Zn determining the present fitness of a peraon·who has -lleen convicted of a crime, the commissioner •hall also consider: ... .. r I I r r - - i r (1) the •~tent and nature of the person•• past criminal activity; (2) the_ age of the person at the time of the commission of the crime 1 (3) the amount of time that bas elapsed •ince the person•• last criminal activity, (0 the conduct and vork activity· of the person prior. to and following the criminal activity, (5) ov_idence of the person•s rehabilitation or rehabilitative effort while incarcerated or following release, and (CS) other evidence of the persoD1 a present fitness, including letters of· recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arreated, or had custodial responsil:>ility for the person, tho sheriff and chief of police in the community vhere the peroon resides, and any other persons in contact with the convicted peraon. ~a:&b J>epartaent of Licensb.g am4 bgul.ation Chapter BO '.l'ov ,:rucks Page 22 of 32 (4) It shall be the responsibility of the applicant, to the extent possible, to ••cure and provide the 4epa:rtment the recommendations of the prosecution, · law enforcement and correctional authorities as required. (e) '!l'he applicant •hall also furnish proof, in auch form as may be required by the department, that he has.maintaine4 a recor4 of eteady employment, has supporte4 bi• dependents per court order, bas otherwise maintaine4 a record of qoo4 con4uct, an4 has paid all outstanding court,. costs, euperviaion fees, fines and restitution -, · as may have been ordere4 in all criminal cases in which he or ahe bas been convicted. 10.100 '.l'echllical Requirement• -&11 'l'oW ~racu (a) Each tov truck must 4iaplay a tow truck license plate issued by the Department of Kotor Vehicles anc!er irezas civil statutes, Article 1nsa-1. l."he plate muat be permanently attache4 an4 must face toward the rear of tbe vehicle. &dditionally, the plate shall be placed as hiqhup on the vehicle as poaaible behind the 4river. , (b) Each tow truck sball have the tow truck owner•• business name, address and telephone number permanently inacrU:>ed or affixed on each al4e of the truck in letter• no.J.eaa than two inches high. ~he lettering ahould be of a color sufficiently different from the ' r -- ,... - .... r - - -i I r r r - ,.. - - '!'exas Departaent of Licusing an4 bg1llation Chapter .BO 1'011 ~ru.clts Page 23 of 22 color of the truck to make it clearly an4 readily visible. ror purposes of this requirement, the ad4ress need not inclu4e the •treet a44ress or post office boz nWlll:>er but must inclu4e the city Where the :business is :baae4. If the buaineBB is :base4 in an unincorporate4 area, the county name must appear on the aides of the truck. If federal law prohibits identification of the name or nature of the :business, aul>stit.ute identification approva4 by the department will be allowed. In the event a aelf-cont.aine4 non- self-propelled towing device, or some other form of auxiliary 4e'll'ice, is use4, that device need not aeet this requirU1ent1 however, the vehicle to which that device is attached .and which is ~ . prpvi4ing the motive and/or :braking forces, must meet this requirement. (c) If the tow truck owner is claiming the cargo insurance exemption allowe4 by aul>sections ao.u CZ) CA) and (B) of this chapter (relating to Insurance RequirftlDents), he must permanently affiz on each aide of the truck, in let.tars at leaat. two inches bi9h, the phrase "Bot P~r Bir•"• 'l'be phrase "Bot J'or Hire" does not exempt an operator frcm re;i•terin; his tov track. (4) Bach truck •ball have brakes that •••t reaaona!:>le braking p~rformance requirement.• under all loading conditions. %n the event that a self-contained non-propelled towing device, er some t.rez:as l>epartaent of' Licensing ud ae;uiat:1.011. Chapter ao lfov !'ruck.a Page 24 cf' 32 other form of auziliary dev:lce, is used, that device need not meet this requirement, however, the vehicle to wb:lch that dev:lce is attached, and which is provU.ing the J:>rak:lng force, must aeet this requirement. (e) No tow truck shall tow more than :I.ts actual weight unless . it has a 351 000 pound w:lnch capacity (s:lngle or dual line>, a 5/8 inch cable er its equivalent, and air brakes. Xn the event that a self•conta:lned non•self'•propelled towing dev:lce, or some other form cf auxiliary dev:lce, is uaed, the term 11actua1 weight11 as used in this aul)section shall mean the actual weight of aa:ld device plus the actual weight cf the vehicle to which that device is attached and which is providing the 111.ot:lve and/or braking f'orces. If a certified law anforcement officer at the acene cf an accident O.etermines that the acene must be cleared imm.ec:l.iately, anc:I. a heavy• duty tow· truck is not available, the officer aay waive this requirement at the scene. (f) If a tow truck is pulling two or more •eh:lcles, the tow truck must be able to tie into and operate the aerv:lce brakes en the rearmost towed vehicle. t:hia prov:la:lon does not apply if the rear.most tovec:I. vehicle has only vacuum brak••• Xn the event that a self contained non-self-propellec:I. towing dev:lce, or aome ether form cf auxiliary device, :la used, that device need net meet this i-i .... ttuas Departaent of Liceuin; ua bqul:at.icn Chapter 80 'l'ow·~rucks Page 25 cf 32 -z,equirem.enti howevez, the vehicle t.o which t.hat. device ia attached, aru'L vbich is providing t.be 1110Uve and l>zaking forces, must meet - - - ,... i I r r ' r - ·- r this requirement. (g) Each tow truck shall J::,e equipped vi th a winch and a winch line and l:loom with a lifting capacity of not leas than 8,000 pounds, single line capacity er a hydzaulic oz mechanical vheel l_ift vith a lifting capacity of not less than 2 1 500 pounds. :tn the ·. event that a self-contained non•aelf•pzopelle4 t.owing device, or •~me other form of auziliary device, ia used, that device must have a lifting capacity of :not less than s,ooo pounds and a towing ..capacity of no~ loss than 7,ooo pounds. (h) Each tow truck shall bave the following atan4ard equipment: U,) tow sling, aecbanical lift, oz hydraulic lift Which b sufficient to prevent the swinging of any equipment J::,eing transported. This subsection does not apply to vehicle carriers an4 rollbac>::s·UJ:1.leas the wheels of a vehicle th•J are towing are in contact vitb the qroun4. :tn the event that a •elf•containe4 non•self•propalle4 towin; device, or •ome other form of amtiliary device, is used, the vehicle to which that device is attached, and which is providing the motive and l>r&king forces, do•• not need to ~roviOe this equipment, I,. iresas Departaent of Lic8lls:l.ng a:n4 :Regulation Chapter 80 S'ov !'rucks Page 26 of 32 (2) 5/16•inch 1:1.nk steel safety chains for tow trucks with a gross vehicle wei;ht of 10,000 pounds or 1•s• and 3/B•inch •teel eafety chains or their equivalent for tov trucks with a gross vehicle weight over 10,000 pounds. S'heae 1illlt •ises are :minimums. These chains are in addition to the llOJ:IU.l J-hook•up chains, (3) rope, wire or straps suita:ble for securing doors, hoods, trunks, etc., and (4). outside rearview mirrors on both aides of the truck. ln the event that a self-contained 11on•aelf•propelled towing device, or some other form of amd.U.ary device, ia use4, that 7 I device need not meet this requirement; however, the vehicle to 7 which that device is attached, and which is providing the':motive and/or braking forces, must meet this requirement. (i) lf a tow truck i8 pulling t. vehicle u4 the towed vehicle - does not have functioning tail lights or t1ll!'rl aignals, the tow truck operator must •upply the tovedvehicle.vith functioning tail 1ights and turn signals. S'he tail light• and turn aignala must provide oafe lighting of the towed vehicle. (:j) lf a tov truck uses a winch, a aafety wrap aust be performed.· (k) safety chain• must be used on all tova, regardless of whether a aling style or wheal lift atyle apparatus is used. - - - ,,,.. - r r r - - - t'exas Departaent of · Licensbg mus ae;ulation Chapter BO '!ow ,:ruck.a »age 27 of 32 (1) All tow trucks vith a alip•in J:>e4 must have the bed properly secured to the frame cf the truck i,y a minimum. of eight one•half inch diameter l,olts. At least four of these bolts must l:,e at the front of the slip-in l,ed. (111) No tow truck shall li:ft or tow more tban its aafe li:fting and •topping capacities permit. (n) All tow· truck operators must have a vali4 4rivu·•• lic.ense of the proper class. • (o) All require4·· •afety mecha.nins of the tow truck, including but not limited to all hea41ights, tail liqhta, turn · signals, brakes, brake ·U.gbts, hazar4 liqhts, naahing warning liqbts, windshielG wipers, viper l,lades anc! tires, shall operate and be in good repair. (p) 1u1 · tow trucks shall operate· within the applicable · recommended .towed vehicle manufacturer•• safety poU.ciea and procedures regarding the hook-up an4 towing cf the towe4 vehicle. (q) All tow truct OWl!lers shall notify consum.era an4 •ervice recipients .of the name; mailing a44reaa, an4 telephone n'll'll!>er of r--the department for purposes of directbg complains to the - - - G~partment. 'the licensee may uae a stictor or rubber •tamp to convey the require4 information. include4 ont fte notification •hall l>e ! ' l'u:as J>epartaent of Liceuing and Regulation Chapter 80 'l'ov Trucks Page 28 of 32 (1) any written tow truck •lip or ticket, (2 > a sign prominently diaplayed at tbe place of paJmentror (3) any bill for eervice. ao.101 Yecb.nical Requireaent•-sccideJ1t scene h• l'rucks (a) Any tow truck towing from tbe acene of an accident must be equipped with the following (in the event that a self-contained non•propelled towing device, or acme other form of auxili~ry device, is usec!, that device need not neet this requirement; however, the vehicle to which that device is attached, and which i is providing the motive aud/or l>ralting forces, must meet this , requirement)1 (1) one 10 pound SC fire extinguisher or t;vo five pound sc fire extinguishers. ~be fire extinguisher or extinguishers shall· be properly fillet!, operable, and located •o they are readily acceasil>le for use. All fire extinguishers •ball meet no 1••• than the requirements of the national tire 'Protection Ban@ook. 14th edition (1UO, and aball l>e •o 111.!>eled l:ly a za:tional tHting laboratory, (2) one crowbar or wrecking l>arJ (3) • l>room., (4) tbree portable re4 emergency reflectors, orange i• -. - - - .... - - ... - - lfn:as Departaent of r.iCGJl.Sing mul 11.equl.ation Chapter so lfov 'l'rucks •afety cones or flares, Page zt of 32 (5) a container to carry 9lass and. debris cleaned. from atreets when picking up a damaged. or diaa'bled vehicler (6) a spotlight or flashli;htl an4 (7) flashing warning li;hta that comply with the Uniform act aequlating 'l'raffic on Eighvaya ('l'exas civil statutes, Article 6101•4). That Act allows the use of red an4/or amber lenses only. However, the red lenses may be used only under the direction of a law enforcement officer or While booking up to a disabled vehicle in the roadway •. (b) A tow truck operator ahall onsure that while he is liftin; a vehicle in preparation for tovi:ag 110 one but he and certi(ie4 law enforcement offic~r• ahall be within a aaf• distance of the tow truck and. vehicle to be towed. A aafe distance is at least twice the cUstance between the end of the boom an4 the point ,-of hook•up 011 the vehicle being winched. or twice the distance the - - car ia being lifted., which ever i• vreat.ar. %fa hydraulic or mechanical lift is J:>eing used, a aaf• 4btuce i• tvice the distance t.o which the lift am ia ezten4e4. (c) 'l'he operator of each tov truck called to the scene of an accident shall remove from th• roadway all resulting vrecka;e or debris, including all broken 9lass, unless otherwise directed by 'l'ezas Departaent of Licensing ucl Reqalaticn Chapter 80 Page 30 cf 32 !'ow 'l'ruc:t:s a certified law enforcement officer, er a representative of either the 'l'ezas Department of .Ei;hvaya, or, in the case of hazardous materials, the 'l'ez:aa water commission. · 11Resulting vrec:t:a;e or de!)ris11 does not inclu4e the towel! vehicle•• load or cargo. (4) certifie4 law enforcement officials aay do whatever is necessary to control the scene of an accident vben an emergency situation exists. 80 ~ 102 irecbnical llequirementa--Reposseasion/Recove:cy 1.'ov lfruc>:s (a) Ho repossession/recovery tow truck aball uae a tow bar with towing pins er a tow blacle to tow a vehicle more than eight blocks. After eight !:>locks, or aooner, the tow true>: operator must drop the vehicle an4 rebook it following all •afety procedures estat,lisbe4 by section eo.100 of this chapter (relating to Safety aequirements-•All Tow 'l'rucksl and l:>y the manufacturer cf the vehicle being towed. (I:>) 'l'ha requirements for •afet7vraps aDd •afety chains do :not apply during the firat eight blocks vhere the t.ovin; pins or tow l:>lalSa are use4. !'hereafter, they auat be utilised as •et forth in subsections eo.100 (j) ud (k) of thi• chapter (relating to 'l'ecbnical Requirements••lll ~ov Trucks). 10.103 '1'ecbnica1 aequirementa--other Statutes 1mc1 Administrative Rule•• ,- /_ l- 1 _. . ,.. ... ... !l.'ezas Deputaent cf Licensing a.n4Re;ulaticn Chapter so ,:,ow !l.'rucks Page 31 of 32 ,... zacb tow truck must meet the requirements cf all other applicable •tatutes · an4 administrative rules prcmulgate4 thereunder in - - adcUtion to meeting the requirements cf these rules. '!rhe following atatutes are at least eome cf the other laws Which may impact :,our operation of a tow truck. You should contact the named agency for ,.. more information. (1) Texas Kotcr carrier Act, !l'exas Civil Statutes, Article 911~. !his act may require Railroad commission authority to pull fro1n incorporated city to incorporated city. (2) !l.'exas Litter N::>atement Act, !l'exas Civil Statutes, ,.. Article U77•ta. !his act may limit the storage fees charged, ... , I I depending upon when notice is provided to the vehicle•• cwner. !l'hia act also provides for the handling cf abandoned cars. This act is administere4 by the Department cf Eighways and Plll:llic Transportation. (3) !exas Vehicle Storage Facility Act, !'exas Civil. Statutes, Article IIB7•ta. !'his.act regulates the operation of facilities in which non-consent tovs are stored. !'hi• atatute is administered by the Department cf Licensing and-Regulation • (4) !'ezas 11niform Act Regulating P\ll:llic Highways, !l'exas -civil statutes, Article 1101-c. '!rhia act is adminiatered by the Department cf P\ll:llic Safety and relates in part to the uae of ,.. ,... I, !'ezas Depa.rtaent of Licensing mus 11.efJUlation Chapter 80 '.l'ov '.l'rucks emergency lights b~ tow trucks. Page 32 of 32 (5) '.l'exas civil statutes, Property Co4e, Sections 70.003 and ,0.004. '.l'hese sections relate to a lien on a motor vehicle, motorboat, vessel, er outboard motor for towing ••rvices. ................................ ... ... - .... ,.. ... .. ,. ,.., r - .... 4) ....... -____ ......... -............. --·-1-· ........... , __ ................ . r"' ,.. ,.. -.. I'"". ,- .. ""'i .: - r"'' ,..., ARTICLE V THE TEXAS ABANDONED MOTOR VEHICLE ACT !- ,- .. - - - - - - - ... - - - - - - r ,.. ............ __.. .. TEXAS TRAFFIC LAWS ARTICLE V. ABANDONED MOTOR VEHICLES Sec. 5.01. Definitions. In this article: (l) "Police department" means the Department of Public Safety, the police department of any city, town, or municipality, acting under the general po1ice power authority as vested in such department by its respective governing body, the pol1ce department of any institution of higher education, or the sheriff or a constable of any county. (2) "Abandoned motor vehicle" means a motor vehicle that is inoperable and more than five years old and left unattended on public property•for more than 48hours, or a motor vehicle tha~ has remained illegally on public property for a. period of more than 48 hours, or a motor ve~fcle that has remained on private property without the consent of. the owner. or person in control of the property for more than 48 hours, or a motor vehicle left unattended on the right-~f-way of a des1gnat~d county, state, or federal highway within this. state for more than 48 hours or for more. than 12 hours on a turnpike project constructed and maintained by the Texas Turnpike Authority. (3) ttDemolisher" means a person whose business is to convert a .motor vehicle irito processed scrap or scrap metal or to otherwhe wreck or dismantle a motor vehicle. (4) "Garagekeeper" means an owner or operator of a parking place or es,tabl1shment, motor vehicle storage facility, or establishment for the ser.vidng, repair, or maintenance of a motor vehicle. (5) "Junked vehicle" :means a motor vehicle as defined in Section 1, Chapter 42, General Laws, Acts of the 41st legislature, 2nd Called Session, 1929 (Arti'cle 6701d-ll, Vernon's Texas Civil Statutes. (A) that is inoperative; and (B) that does not have lawfully affixed to it either an unexpired license plate or a valid motor vehicle safety inspection certificate, that is wrecked, dismantled, partially dismantled, or di~carded, or. that remains inoperable for a continuous period of more than 45 days. (6) "Storage facility" means a garage, parking lot, or any . type of facility or establishment for the servicing, repairing, storing, or parking of. motor vehicles. (7) "Motor vehicle" means a motor vehicle subject to regis:tration under the Certificate of Title Act (Article 6687-1, Vernon's .Texas Civil Statutes), except that for purposes of Sections 5~02, 5.03, and 5.04 of this Act, "motor vehicle" includes a motorboat, outbi;iard motor, or vessel subject to registration under Chapter 31, Texas Parks and Wildlife Code. 1 i • I I • i,- .... , ........ ,... ' ,.. ... -- - - ,- - - .... - ... (8) "Antique auto" means a passenger car or truck that was manufactured 1n 1925 or before or a passenger car or truck that is at least 35 years old. (9) "Special interest vehicle" means a motor vehicle of any age that has not been altered or modified from original manufacturer's specifications and, because of its historic interest, is being preserved by hobbyist. i (10) "Collector" means the owner of one or more antique or special interest vehicles who collects, purchases, acquired, trades, or disposes of special interest or antique vehicles or parts of them for personal use in order to restore, preserve, and maintain an antique or special interest vehicles for historic interest. Sec. 5.02. Authority to take possession of abandoned motor vehicles. (a) A police department may take into custody an abandoned motor vehicle found on public or private property. (b) A police department may employ its own personnel, equipment, and facilit.1es or hire persons, equipment, and facilities to remove, preserve, and store an abandoned motor vehicle it takes into custody. Sec. 5.03. Notification of owner and lien holders. (a) A police · department that takes into custody an abandoned motor vehicle shall notify not later than the 10th day after taking the motor vehicle into custody, by certified mail, the last known registered owner of the motor vehicle and. all lien holders of record pursuant to the Certificate of :rttle Act (Article 6687-1, Vernon's Texas Civil Statutes), or Chapter 31, Parks and Wildlife Code, that the vehicle has been taken into custody. · The notice .shall. describe the year, make, model, and vehicle iden.tification number of the abandoned motor vehicle, set forth the location of the facility where the motor vehicle is being held, inform the owner and any 1 ien hol.ders of their right to reclaim the motor vehicle not later than the 20th day after the date of the notice, on payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody, or garagekeeper's charges if notice is under Section 5.05 of this article. The notice shall also state that the failure of the owner or lien holders to exercise their right to reclaim the vehicle within the time provided constitutes a waiver by the owner and lien holders of .all right, title, and interest in the vehicle and their consent to the sale of the abandoned motor vehicle at a public auctfon. · (b) If the identity: of the last registered owner cannot be .determined, if the registration contains no address for the owner, or if it is imposs.ible to determine with reasonable certainty the identity and addresses of all lien holders, notice by one publication in one newspaper of general circulation in the area where the motor vehicle was .abandoned is sufficient notice under this article. The notice by publication may contain multiple listings of abandoned vehicles, shall be published within the time requirements prescribed for notice by certified mail• and shall have the same contents required for a notice by certified mail . 2 No Text ----.. ···---·-··------llllillll'-r-----~--- ,. I ... - - - - - - - - - ,.. - ,.. (c) The consequences and effect of failure to reclaim an abandoned motor vehicle are as set forth ina valid notice given under this section. ·· · (d) A police department or an. agent of a pol ice department that takes custody of an abandoned motor vehicle is entitled to reasonable storage fees for: (1) a period of not more than 10 days beginning on the day the department takes custody and. continuing through the day of the department mails notice as provided by this section; and (2) a period beginning on the day after the day the department mails notice and cont 1 nui ng through the day any accrued charges are paid and the veMcle is removed. Sec. 5. os:H . Po 11 ce department • use of certain abandoned motor vehicles. (a) If an abandoned vehicle has not been reclaimed as provided by Section 5.03 of this article, the police department that originally took custody of the abandoned motor vehicle may use that vehicle for police department purposes as provided by this section. (b) The police department may ,use the abandoned motor vehicle for police department purposes as long as the department considers it cost-effective. If the police department discontinues use of the abandoned motor vehicle, :the departmeot shall auction the vehicle as provided by ,Section 5.04 of this• article. (c) This section does not apply to an abandoned motor vehicle with a garagekeeper's lien. (d) This section does not apply to a police department located in a county with a population of 2.4 million or more according to the most recent federal decennial census. Sec. 5.04. Auction of abandoned motor vehicles. If an abandoned motor vehicle has not been reclaimed as provided by Section 5.03 of this article, the police department may use the abandoned motor vehicle for police department purposes as provided by Section 5.031 of this article or. sell the vehicle at a public auction. Proper notice of the public auction shan be given, and in the case of a garagekeeper' s lien, the garagekeeper shall be notifi.ed of the time and place of the auction. The purchaser of the motor vehicle takes title to the motor vehicle free and clear of all liens .and claims of ownership, shall receive a sales receipt from' the police department, and is entitled to register the purchased vehicle and receive a certificate of title. From the proceeds of the sale ()fan abandoned vehicle, the police department shall reimburse itself for the expenses of the auction, the costs of towing, preserving, and storing the :vehicle that resulted from placing the abandoned vehicle in custody, and all notice and publication costs incurred under Section 5.03 of this article. Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled Hen holder for 90 days and then shall be deposited in a special .fund that shall remain available for the payment of auction, 3 j_ ,,, 'I ,I ,, 1- 1 ,I i 'i i ~I 'l r '' ~; ' ; - - - - r - ... .. - - - - - ,.. - ______ ... -....... ----· .... ·-.... towing, preserving, storage, and all notice and publication costs that result from placing another abandoned vehicle in custody, if the proceeds from a sale of another abandoned motor vehicle are insufficient to meet these expenses and costs. A municipality or county may transfer the amount in. the special fund that exceeds $1,000 from the special fund to the municipa1ity's or county's general revenue account to be used by the police department. Sec. 5.05. Garagekeepers and abandoned motor vehicles. (a) A motor vehicle left for more than 10 days in a storage facility operated for commercial purposes after not.ice is given by registered or certified mail, return receipt requested, tQ the owner and to any lien holder of record under the Certificate of Title Act (Article 6687-1, Vernon's Texas Civ11 Statutes) to pick up the vehicle, or for more than 10 days after a period when under a contract the vehicle was to remain on the premises of the storage facility,:or a motor vehicle left for more than 10 days in a storage facility by someone other than the registered owner or by a person authorized to have possession of the motor vehicle under a contract of use, service, storage, or repair, is considered an abandoned vehicle, and shall be reported by the garagekeeper to the police department. If the notice.to the owner or a lienholder is returned by the post office unclaimed, notice by one publication in one newspaper or general circulation in the area in which the vehicle was left in storage•is sufficient notice. (b) If a garagekeeper or storage facility acquires possession of a motor vehicle for a purpose other than repair, the garagekeeper or storage facility fs entitled to towing, preservation, and notification charges and to reasonable storage fees, in addition to storage fees earned pursuant to contract, for a maximum of 7 days only unt11 notification is .mailed to the last known registered owner and all lien holders of record as provided by Subsection {a) of this section. After such notice is mailed, storage fees may continue until the vehicle is removed and all accrued charges are paid. A garagekeeper who fai 1 s to report the possession of an abandoned vehicle to the police department within 7 days after it becomes abandoned may no longer claim reimbursement for storage of the vehicle. (c) The police department, upon receipt of a report from a garagekeeper of the possession of a vehicle considered abandoned under the provisions of this section shall follow the notification procedures provided by Section 5.03 of this article, except that custody of the vehicle shall remain with the garagekeeper until after compliance with the notification requirements. A fee of $5 shall accompany the report of the garagekeeper to the police department. The $5 fee shall be retained by:the police department receiving the report and used to defray the cost of notification or other cost incurred in the disposition·of an abandoned motor vehicle. If the Department of Public Safety is the police department involved thfs fee shall be deposited in the state treasury and shall be used to defray the cost of administering this article. (d) An abandoned vehicle left in a storage facility and not reclaimed after notice is sent in the manner provided by Section 5.03 of 4 No Text .... ' -., ........... 1:.·•···-··· .... --·· ---• -~. -r - - ,... - ,... i 1 .• - i r- 1 ,- ' - ,.. ' - this article shall be taken into custody by the police department and used for police department purposes as provided by Section 5.031 of this article. or sold in the manner provided by Section 5.04 of this article. The proceeds of a sa 1 e under th f s section sha 11 first be applied to the garagekeeper's charges for servicing, storage, and repair, but as compensation for the expense incurred by the police department in placing the vehicle in custody and the expense of auction, the police department shall retain two percent of the gross proceeds of the sale of each vehicle auctioned, unless the gross proceeds are less than $10. If the gross proceeds are less than $10, the department shall retain the $10 to defray expens¢s of; custody and auction. If the Department of Public Safety conducts the auction, the compensation shall be deposited tn the state treasury and shall be used to defray the expense incurred. Surplus proceeds remaining from an auction shall be distributed in accordance with Section 5.04 of this article. (e) Except for the termination or limitation of claim for storage for failure to report an abandoned motor vehicle, nothing in this section may be construed to impair any lien of a garagekeeper under the laws of this state. {f) A person charging fees under Subsection (b} of this section commits an offense if the person charges a storage fee for a period of time not .authorized by that subsection. An offense under this subsection is punishable by a fine of not less than $200 nor more than $1,000. 5 I- I i- 1-- ;- i - 1- 1 !-I i 1 · .... - , l - - ... , . l I !""'I I ! ; l .. - - i 1' .-.: THE TEXAS VEHICLE STORAGE FACTTLITY ACT r i t I - - ,_ - .... ,,.. - - - - section 1. VEHICLB S'l'ORAGE FACJ:LIH ACT Article 6687-ta SHOR'l' 'l!J:TLB ~is article may be cite4 as the Vehicle Storage Facility Act. Section 2. DEPIHITJ:ORS (1) "Commissioner" means the commissioner of licensing and regulation. (2) 11Department" means the Texas Department of Licensing and Regulation,; (3) 11Vehicle storage facility" means a garage, parking lot, or any type of facility owned by a person other than a governmental entity forJstoring or parking 10 or more vehicles. CO ••vehicle" means a motor vehicle subject to registration under the certificate of Title Act (Article 6687-1, Vernon•s Texas Civil Statutes) or any other 4evice designed to be self-propelled or transported on a public highway. (S) ••owner of a vehicle" means1 (A) a person in whose name the vehicle is registered unc!er the Certificate of Title Act (Article 6687•1, Vernon• s Texas Civil Statutes)J (B) a person in whose name the vehicle is registered under section 2, Chapter 88, General Laws, Acts of the 41st Legislature, 2nd called Session, 1929 (Article 667Sa-2, vernon•s Texas Civil Statutes), or a meml'Jer of the person• s immediate fe..milyr (C) a person who holds the vehicle through a valid lease agreement: or -(D) an unrecorded lienholder whose right to possess the vehicle exi$ts through a chattel mortgage. (6) 11Principal11 means an individual who: (AJ holds personally or as a beneficiary of a trust or ,by other constructive metboda stock, or (i) 10 percent of a corporation•s outstanding (ii) more than $25,000 of the fair market value of 1 I' a business; (B) has the controlling interest in a business; (C) has a participating interest of more than 10 percent in the profits, proceeds, or capital gains of a business, regardless of whether the interest is direct or indirect, is through shares, stock, or any other manner, or includes voting rights, (D) is a member of the board of directors or other governing body of a business, or (E) serves as an elected officer of a business. Section 3. BXEMP'l'IOB 'l'his article does not apply to -a vehicle parked or stored at a vehicle storage facility with the consent of the vehicle's owner. This article does not apply to a vehicle storage facility operated by a person licensed pursuant to the Texas Motor Vehicle Com.mission Code (Article 4413 (36)). · •·section ,. AUTHORITY (a) The commissioner may issue licenses to operate vehicle storage facilities. (b) The commissioner shall adopt rules establishing requirements for the licensing of persons to operate vehicle storage facilities-to ensure that licensed storage facilities maintain adequate standards for the care of stored vehicles. sections. PRORIBITl'.OB A person may not operate·· a vehicle storage facility unless the person holds a current license to operate a vehicle storage facility issued to the person by the commissioner. Section 6. APPLICATI:OB (a) The collll!lissioner by rules shall determine the types of information to be supplied on an application for a license under this article, but the rules must require that an application be made under oath and lists (1) each conviction of a felony, or a misdemeanor for which the maximum punishment is by confinement in jail or by a fine exceeding $2001 that was obtained against the applicant or a partner or officer of the applicant in the three years immediately preceding the date of tbe application, · 2 j ,- !_ /_ -' . - - - - _I I - - -t' - - ... - - .. ',.. . ... (2) the name and address of each partner if the applicant is a partnership; and (3) the name and address of the president, secretary, and treasurer of the corporation, if the applicant is a corporation. (b) The application of a corporation must be signed and sworn to by the president and secretary of the corporation. section 7. APPROVAL The commissioner shall approve an application that is submitted as provided by section G of this article for a license to operate a vehicle storage facility unless the commissioner determines that: (1) the applicant knowingly supplied false or incomplete information on the application; (2) the applicant, one cf the applicant•s partners, a principal or the general manager of tha.applicant, or one of the .applicant's officers has been convicted of a felony, or a .misdemeanor for. which the maximum punishment is by confinement in jail or by a fine exceeding $S00, in the three years preceding the date of the application, or (3) the vehicle storage facility for which the license is sought does not meet the standards .for storage facilities established by the rules of the commissioner. Section a. HOTI:CE 01" DERll.L If the commissioner denies an application for a license under this article, the department shall send written notice of the decision to the applicant, at the address. shown on the application, by certified mail, return receipt requested. The notice shall state the ,reason for the commissioner•& decision and that the applicant is entitled to a hearing before the commissioner under Section 11 of this article. The notice may state that the decision is temporary pending compliance by the applicant. If the decision is temporary and the applicant complies with the requirements of this article and rules of the commissioner before the 15th day after the date the applicant receives the notice, the commissioner shall then approve the application. Section t. 'l'ERH 01" LJ:CEJl'SB (a) A license issued under this article is valid for the period set by tho commission. (b) A person may apply to the commission to renew the license on an application form approved by the commission. An application 3 for renewal of a license must be accompanied by a nonrefundable fee. (c) If an application for renewal of a license is not subm.itted before the date of expiration of the license, the license may not be renewed. (d) A person whose license expires and is not renewed under this section may apply for a new license un4er section 6 of this article. Section 10. SANCT:IOHS (a) The commissioner shall adopt rules relating to the administrative sanctions that may be enforced against a licensee. If a licensee, a partner of a licensee, a principal in the licensee•s :business, or an employee of the licensee violates, with the knowledge of the licensee, this article or a rule or order adopted under this article, the commissioner may: (1) issue a written warning ~o the licensee specifying the violation; article; (2) deny, revoke, or suspend an application under this (3) place on probation a person whose license has been suspended, or (4) assess an administrative penalty in an amount not to exceed $1,000 for each violation,, with each violation considered a separate offense. (b) The commissioner may revoke or suspend a license issued under this article or place on pro:bation a person whose license has been suspen4ed if the com.missioner determines that a licensee, a partner of the licensee, a principal in the licensee•s business, or an employee of the licensee has been finally convicted of: (1) a felony, or (2) a mis4emeanor that, (A) is punishable by confinement or by a fine that exceeds $500; and (B) directly relates to a duty or responsibility of an. operator of a vehicle storage facility (c) Zf it appears that a person is in violation of ·or is threatening to violate this article or a rule or order adopted under this article, the com.missioner or the attorney general at the ' ,- ,- r ' . ... r- - - - commissioner•s request may institute an action for injunctive relief, to recover a civil penalty not to exceed $1,000 for each violation, or for both injunctive relief and the civil penalty. If the commissioner or the attorner general prevails in an action under this subsection, the col!llllissioner or the attorney general is entitle4 to recover reasonable attorners tees and court costs. (d) A peace officer or license and weight inspector for the Department of Public Safety may make an arrest for a violation of a rule adopted under this article. Section ;1.1. (a) A person whose application for a license to operate a storage facilityhas been denied, whose license has been revoked, -or whose application to renew a license has been denied may, before the 15th day after the date the person receives notice of the revocation or denial, request in writing a hearing before the commissioner on the revocation or denial. - - - - ,.. - - - - (b). The provisions of the A4ministrative Procedure and Texas Register Act (Article 5262-13a, Texas civil Statutes), relating to notice and hearings on contested cases, apply to notice. and. hearings on d.enial, revocation, andlrenewal of licenses under this article. · (c) A hearing under this section is an exhaustion of administrative remedies, :and an appeal from a hearing is to the district court having jurisdiction over the applicant or licensee. Section 12 Vl\LIDITY OF LICEIISB (a) A license issued under this article is not valid for any person other than the person who applied for the license. (b) A license issued under this article applies only to a single vehicle storage facility named on the license. section13 BO'l!ZFICATIOH OF OWBER (a) The operator of a vehicle storage facility who receives a vehicle that has been towed to the facility for storage shall, not later than the seventh d.ay after the date the operator receives the vehicle, send a written notice to the registered owner and the primary lienholder of the vehicle. This subsection does not apply to notice for a vehicle that is removed by the owner before the seventh daJ after the date the oper~tor receives the vehicle. (b) The notice must be sent by certified mail, return receipt requested, and must contain: · (1) the date the vehicle was accepted for storage, 5 (2) the first day for which a storage .fee is assessed, (3) the daily storage rate; (4) the type and amount of all o~her charges to be paid when the vehicle is claimed, (S) the full name, street address, and telephone number of the facility; ( 6) the hours during which the owner may claim the vehicle: and (7) the facility license number preceded by 11'l'exas Department of Licensing and Regulation Vehicle storage Facility License Number11 • Cc) A notice is considered to be timely filed if the postmark shows that it was mailed within the seven-day period provided by Subsection (a) of this section. section 14. PEESJ CHARGES (a) The operator of a vehicle storage facility may not charge an owner more than $25 for notification under Section 13 of this article. (b) The operator of a vehicle storage facility may not charge an owner more than $10 for preservation of a stored motor vehicle. (cJ The operator of a vehicle storage facility may not charge less than $5 or more than $15 for each day or part of a day for storage of a vehicle. (4) The operator of a vehicle stor.age facility may not charge any additional fees that are similar to notification, preservation, or administrative fees. (e) This . section controls over any conflicting municipal ordinance or charter provision. r Section 15. USE OP PEES The commissioner shall remit all fees collected under this article to the state 'l'reasurer for deposit in the state Treasury to the credit of a fund to be used, subject to legislative appropriation, for administering this article. Section u. EFPEC~ OP BEARING OU PEES A hearing under Article 6701g-3, Revised statutes, to determine 6 I .... _ ............. _ ..... _____ • _ _ •--·----·--·· ··;o;·:;111111111· -··-· .... - - ,.... ... - - r-1 \ - whether there was probable cause for moving a vehicle to a vehicle storage facility does not affect tbe amount of fees due for removing and storing the vehicle. Section 17. PBDLff (a) A person. commits· an offense if the person operates a vehicle storage facility that does not have a valid license issued under this a:rtiale. (b) An offense under this section is a Class c misdemeanor. 7 TEXAS LIT~ER ABATEMEN'l' Am! Article 4477-9a Section 5.0S(bJ (b) If a garage keeper or storage facility acquires • possession of a motor vehicle for a purpose other than repair, the garagekeeper or storage facility is entitled to towing, preservation, and notification charges and to reasonable storage fees, in addition to storage fees earned pursuant to contract, for a maximum of 7 days only until notification is mailed to the last known reg.istered owner and all lien hoHlers of record as provided by subsection (a) of this section. After such notice is mailed, storage fees may continue until the vehicle is removed and all. accrued charges are paid. A garagekeeper who fails to report the possession of an abandoned vehicle to the police department within 7 days after it becomes abandoned may no longer claim reimbursement for storage of the vehicle. 8 '..;..... .- - - - - - - - Section 1. RIGBTS OF OWNER OF A S'.rORED VEHICLE Article 6701g-3 DEFINI'UONS (1) "Vehicle storage facility" has the meaning assigned to that.term by Article 6687-9a, Revised statutes. (2) "Vehicle" bas the meaning assigned to that term by Article 668_7-9a, Revised Statutes. Section 2. If a vehicle has been moved and placed in a vehicle storage facility without the consent of the owner, the owner is entitled to a hearing to determine _whether or not probable cause existed for the removal and placement of the vehicle. A hearing under this article shall be before a justice of the peace or magistrate in whose jurisdiction the vehicle storage facility is located. Section 3. REQtJES~ -(a) A person entitled to a hearing under this article must deliver a written request for the bearing to the court before the sixth day after the date the vehicle was placed in the vehicle storage facility. In computing time under this subsection, Saturdays, Sundays, and legal holidays are excluded. A person who falls to deliver the request within the specified time period .waives the right to the hearing. - (b) A written notice under this section must contain the following information: (1) the name, address, and telephone number of the owner of the vehicle; (2) the date and the location from which the vehicle was removed: (3) the name, address, and telephone number of the person or law enforcement agency who authorized the removal; and (4) the name, acldress, and telephone number of the vehicle storage facility where the vehicle was placed. section"• (a) A hearing under this article shall be held before the fourth working day after the date the request for the hearing was 9 received by the court. The court shall notify the vehicle's owner and the person or law enforcement agency who authorized the removal of the vehicle of the date, time, and place of the hearing. (c) The court. may charge a filing fee of $10 for a hearing under this article and may award. court costs to the prevailing party. (d) The sole issue in a hearing under this article is whether or not probably cause existed for the removal and placement of the vehicle. · (e) The court shall make written findings of fact and a conclusion of law regarding the issue in the hearing. Sections. PAYHEH'l' OP STORAGE COSTS (a) If the court determines that probable cause existed for the removal and placement of the vehicle, the owner of the vehicle shall pay the costs of removing and storing the vehicle. (b) If the cou:i::t does not determine that .probable cause existed for the removal and placement of the vehicle, the person or law enforcement agency who authorized the removal shall pay the costs of removing and storing the vehicle. If the vehicle's owner paid removal or storage costs before the hearing, the person or law enforcement agency shall fully reimburse the owner. 10 - - -· ... -i i ! -1; I I I ,-I Authority. These rules .are promulgated under the authority of the Vehicle Storage Facility.Act (Texas Civil Statutes, Article 6687-9a) and Texas Civil Statutes, Article 9100. 79.10 Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. . The Act -the Vehicle storage Facility Act, Texas Civil Statutes, Article 6687-9a., relating to vehicle storage facilities. Commission -the Commission of the Texas Department of Licensing and Regulation. Commissioner -the Commissioner of the Texas Department of Licensing and Regulation. Day - a calendar day, Department -The Texas Department of Licensing and Regulation. Fence -an enclosure of wood, chain link, iron, concrete, masonry, or other. department-approved construction placed around a space used to store vehicles and designed to prevent intrusion and escape. . Principal -an individual who: (A) holds personally, or as a beneficiary of a trust, or by other constructive means: (i) 10 percent of a corporation's outstanding ~tock; or (ii) more than $25,000 of the fair market value of a business. (B) has the controlling interest in a business; (C) has a participating interest of more than 10 percent in the profits, proceeds, or capital gains of a business, regardless of whether the interest is direct or indirect, is through share, stock, or any other manner, or includes voting rights; (D) is a member of the board of directors or other goverriing body of a business; or 1 ! , (E) serves as an elected officer of a business. Vehicle - a motor vehicle subject to registration under the Certificate of Title Act, Texas Civil statutes, Article 6687-1, or any other device designed to be self-propelled or transported on a public highway and which is towed or transported to a vehicle storage facility without the owner's consent. Vehicle owner -a vehicle owner is (A) a person in whose name the vehicle is registered under the certificate of Title Act, Texas Civil Statutes, Article 6687-11 (B) a person in whose name the vehicle is registered under General Laws, Acts of the 41st Legislature, Second Called Session, 1929, Chapter 88, Texas Civil Statutes, Article 6675a-2, Section 2, or a member of the person's immediate family; (C) · a person who holds the vehicle through a valid lease agreement; or (D) an unrecorded lienholder with a right to possession. Vehicle Storage Facility -A garage, parking lot, or any facility owned or operated by a person other than a governmental entity for storing or parking ten or more vehicles. Ten or more vehicles shall mean the capacity to park or store 10 or more vehicles a year. 79.20 Licensing Requirements (a)· A person must hold a current license issued by the commissioner in order to operate a vehicle storage facility. (b) A license to operate a vehicle storage facility is not transferrable.or assignable. (c) A license to operate a vehicle storage facility issued by the commissioner is valid only for the physical location indicated on the license. (d) An application for a license to operate a vehicle storage facility must be made under oath and must contain: (1) a· list of felony convictions and misdemeanor convictions for which the maximum punishment is confinement in jail or a fine exceeding $500, that were obtained against the applicant, a partner, a principal or the general manager or an officer bf the applicant, during the three years immediately preceding the date of the application; 2 !-- - - r ~ (2) the name and address of each partner, if the applicant is a partnership1 (3) the name and address of each corporate officer, if the applicant is a corporation1 ( 4} the names of all owners of the vehicle storage facility and the percentage of ownership interest each holds in the facility; (S) the name of the operator/manager of the vehicle storage facility if it is not operated/managed by one of the owners; · (6) the facility's physical address, mailing address and ,-telephone number; ... - - - - ,.. - ,... ,.. (7) the vehicle storage facility's storage capacity: (B) if applicable, the height of the fence enclosing the vehicle storage facility and the date it.was installed; (9) a .statement indicating whether or not the facility has an all weather surface as required by section 79,100 of this title (relating to Technical Requirements)1 (10) a statement indicating whether or not the facility has the signs posted in the proper locations required by section 79.100 of this title (relating to Technical Requirements), and (11) a statement indicating whether or not the facility has the lighting required by section 79,100 of this title (relating to Technical Requirements). (e) A corporation's application must be signed and sworn to by its president ~nd secretary. (f) Each license issued by the commissioner under this Act expires on.the anniversary date of when it is issued. (g) A licensee may apply annually, on a form provided by the department, to renew the license. (h) If a renewal application is not submitted before a license expires, the license may not be renewed. (i) An individual, partnership or corporation whose license expires and is not renewed · must apply for a new license if the vehicle storage facility is still in business. 3 79.30 Exemptions. The Act and the administrative rules do not apply to: (a} a vehicle parked or stored at a vehicle storage facility with the consent of the vehicle's owner; or. (b} a vehicle storage facility operated by a person licensed pursuant to the Texas Motor Vehicle Commission Code, Texas Civil Statutes, Article 4413(36). 79.40 Insurance Requirements. (a) Each license applicant shall file with the department a certificate of insurance evidencing the required garagekeeper's legal liability insurance for the vehicle storage facility. (b) The insurance for the vehicle storage facility. must include coverage for comprehensive and/or specified perils and collision per incident and must be written by a company duly authorized to do business in the state of Texas. (c) Insurance coverage shall be in an amount of not less than $9,000 for injury to or destruction of property of others if the vehicle storage facility has space to store not more than so motor vehicles; $18,000 if the facility has space to store 51 to 99 motor !_ vehicles; and $25,000 if the facility has space to store 100 or more motor vehicles. (d) The vehicle storage facility's insurance policy shall provide that the insurance company will give the department 30 days written notice of any policy cancellation or expiration. (e) The vehicle storage facility's insurance policy shall be kept in full force and effect so long as the facility is operating. 79.70 Responsibilities of the Licensee--Accepting Vehicles for Storage. (a) When the licensee, his agent, or his employee accepts a vehicle towed without the vehicle owner I s consent, he shall inspect the vehicle and note as an addition on the wrecker slip or wrecker ticket any differences from the infonnation previously set out thereon, but shall not write over or deface any prior writing on the slip or ticket. If the license plate number or vehicle identification number on the wrecker ticket or wrecker slip was incorrect, the storage facility shall note on its records the correct number and notify every previously advised person within 48 hours of noting the correct information. - - - ,.. - - ... - - -1 - ,,.. - - ... .. (b) After accepting for storage a vehicle registered in Texas, the vehicle storage facility must notify the vehicle's last registered· · owner and all recorded lienholders by certified/registered mail within 7 days, but in no event sooner than within. 24 hours of receipt of the vehicle. If the certified/registered letter .is returned u.nclaimed, refused, or moved, left no forwarding address, publication in a newspaper is not required. If the identity of the last registered owner cannot be determined, if the registration contains no address for the owner, or · if it is impossible to determine with reasonable certainty the identity and.address of all lienholders, notice in one publication .in one newspaper of general circulation in the area where the vehicle was towed fr01U is sufficient. (c) After accepting for storage a foreign registered vehicle, the vehicle storage facility must notify the vehicle's last registered owner· and all recorded lienholders by certified/registered mail within 14 days, but in no event sooner than within · 24 hours of receipt of the vehicle. If the certified/registered letter is returned unclaimed, refused, or moved, left no forwarding address, publ.i,cation in a newspaper is not required. If the identity of the last registered owner cannot be determined, if the registration· contains no address for the owner, . or if it is . impossible to determine with reasonable certainty the identity and address of all lienholders, notice in one publication in one newspaper of general circulation in the area where· the vehicle was towed from. is sufficient. (d) It .shall be a defense to an action initiated by ·the department for violation of this section that the facility has attempted, inwriting, but been unable to obtain information from the foreign registry department. (e) The vehicle storage facility operator may not charge an owner more than $25 for this notification. (f) Notification will be considered to have occurred when the United States Postal Service places its postmark upon the written notice. . (g) All notifications shall state: (1) the full name.of the vehicle storage facility where the motor vehicle is located, its street address and telephone number, and the hours the vehicle can be released to the vehicle owner, (2): · the daily storage rate, the type and amount of all other charges assessed and the total amount of fees which must be paid before the vehicle will be released; s (3) if the operator will be transferring a vehicle to a second lot if it is not claimed within a certain time period, the date the vehicle will be moved from the vehicle storage facility and the address to which it will be moved; (4) the date the vehicle was accepted for storage and from where, when and by whom the vehicle was towed; and (5) the vehicle storage facility number preceded by the words "Texas Department of Licensing and Regulation Vehicle Storage Facility License Number"; and (6) a notice of the towed vehicle owner's right under Texas Civil Statutes, Article 6701g, to challenge the legality of the tow involved. (h) A vehicle storage facility accepting a nonconsent towed vehicle towed from private property must report that tow to the local law enforcement agency from the area where the vehicle was towed. This report must be made within two hours of receiving the vehicle, giving the vehicle's license plate number and issuing state, vehicle identification number and location from which it was towed. Facility records must indicate specifically to whom the stated information was reported and in what manner, as well as the time and date of the report. Responsibilities of the Licensee--store.ge Requirements (a) No vehicle may be stored or kept at any licensed storage facility unless it is kept inside the fenced or enclosed area at all times. For purposes of this subsection, enclosed shall mean inside a building. (b) Except as stated to the contrary herein, no parts shall be removed from any vehicle, and no vehicle shall be dismantled or demolished within in the storage area of a licensed vehicle storage facility. Vehicles may be dismantled or demolished only if the storage lot has a certificate of title, certificate of authority to demolish, police auction sales receipt or transfer document issued by the state of Texas for the vehicle being dismantled or demolished. (c) No stored vehicle may be used by the vehicle storage lot owner, operator or its employee(s) for personal or business use. (d) A vehicle accepted for storage in a facility must be secured and have doors, windows, and/or hatchbacks closed, convertible tops raised or covered, etc. A one time preservation fee of up to $10 may be charged for this service. If doors, windows, etc. are broken or inoperative and require the use of materials such as plastic or canvas tarpaulins, such materials must be used to ensure the preservation of the stored vehicle. 6 - ,... (e) A vehicle accepted for. storage may not be repaired, altered or • have parts removed or replaced without the vehicle -owner's or his authorized representative's consent. - - - - -" ,- - ,-I 79.72 Responsibilities of the Llcensee--Documentation (a) Each licensee shall keep written records en each vehicle kept or stored at the vehicle storage facility. These records shall contain: · (1) the year, make, model, color, correct license plate number, state issuing the 'license, and correct vehicle ~dentification'number of the vehicle: (2) the date, time and location from which the vehicle was towed, and who authorized the tow; (3) the name of the tow truck driver, the tow truck's regular and tow truck license plate numbers, and the name of the company that towed the vehicle; (4) the date tbe vehicle was ·released and the name of the individual to whom the vehicle was released; (S) the date of any vehicle transfer, and the address of the loc.ation to which it was transferred along with the name of the towing company and tow truck:driver who made the transfer; (6) a .copy of any certificate of title issued after the vehicle came into the possession of the vehicle storage facility, anyeertificate of authority to demolish, any police auction sales receipt, or any transfer document issued by the State of Texas for the vehicle.if vehicle ownership has been transferred due to any action of the vehicle storage, facility or the vehicle has been disposed o:f or demolished1 • and · (7) all amounts received at the time the vehicle was released, including the specific nature of each charge. (b) Documentation may be kept in the form of wrecker tickets and wrecker slips if all required information is recorded on those tickets and slips. · (c) · All required documentation shall be made available by the licensee, his agent, or his employee for inspection and copying upon request .by .department personnel, or a certified law enforcement officer within his jurisdiction, during the same hours the vehicle storage facility must ensure that vehicles are available for release to the vehicle owner. 7 I, I (d) Required records shall be kept under the care and custody of the licensee for at least two years from the date the vehicle was· received. (e). When a person demonstrates ownership or right to possession of a motor vehicle stored at a vehicle storage facility: (1) the person or hls/her authorized representative shall be entitled to inspect a copy of the wrecker slip or wrecker ticket for the motor vehicle and shall not be required to pay any fees or charges before doing so. Placing the slip or ticket behind a ;glass enclosure for the person to inspect satisfies this requirement; (2) the person, or his/her authorized representative, shall have access to, and be allowed to remove, any personal belongings in the vehicle, unless otherwise indicated by a certified law enforcement officer. The storage facility must require a receipt from the person to whom the personal belongings are released for any such property removed from the stored vehicle by the vehicle owner or authorized repre~entative: and (3) the person or his/her authorized representative shall have access, during normal business hours, to the vehicle for the purposes of insurance and/or repair estimates. i 79.73 Responsibilities of the Licensee--Vehicle 'l'ransfers. (a) When a motor vehicle has been delivered to a storage facility, the vehicle may not be moved from that facility within the first 31 days of storage without the vehicle owner's authorization. If it becomes necessary to move the vehicle during the first 31 days of storage because of storage facility capacity problems, neither the registered vehicle owner or recorded lienholder(s) may be assessed an additional charge. The vehicle storage facility must send notice in accordance with 79.70(b) of this title (relating to Responsibilities of the Licensee-Accepting Vehicles for Storage), except that the notice must be sent no less than 72 hours prior to moving the vehicle. (b) If a vehicle is moved from a storage facility, the licensee shall: (1) charge only those fees otherwise permitted by Section 79.101 of this title (relating to Technical Requirements- -storage Fees/Charges) after the vehicle is towed to another location without the vehicle owner's permission; (2) comply with all provisions of Texas Civil Statutes, Article 670lg-3, relating to the rights of the owner of a stored vehicler B 1:_ -, ' ' ,.. ... - - ... - ,... - - ' ... - r I .. ,.. {3} allow the vehicle owner or representative to. obtain possession of pre~entation of any one of the following: his/her authorized the vehicle upon (A) a notarized power-of-a~torney; possession: (B) a department-approved affidavit of right of (C) a court order, (D) a title: (E) a tax collector's receipt and a license plate renewal card accompanied by a conforming I.a., (F) notarized proof of loss claim of theft from an insurance company to show a right to possession, and payment of all fees, at any time between the hours posted on the sign at the location where the vehicle is stored; or _. (G) positive name and address information corresponding to that contained in the files of the Motor Vehicle Division of the Texas Department Highways and Public Transportation and payment of all fees, at any time .between the hours posted on the sign at the location where the vehicle is stored; (4) retain records and inform the vehicle owner upon request of the location where the vehicle is at all times from the date,on which the vehicle is transferred from the vehicle storage facility until such time as the vehicle is recovered by the vehicle owner or a new certificate of title, a certificate of authority to 'demolish, a police auction sales receipt, or a transfer document is issued by the State of Texas; and (5) maintain a record of the ultimate disposition of the ·vehicle, including the date and name of the person to whom the vehicle is released or a description of the document under which the vehicle was sold or demolished. !79.80 Fees--original License (a) · The fee for an original license to operate a vehicle storage facility is $100. (b) 'l'his fee is nonrefundable. .79.81 Fees--Renewal License . (a) The annual renewal fee for a license to operate a vehicle storage facility is $75 • g I, (b) This fee is nonrefundable. 79.83 Fees--Duplicate License (a) A $25 fee will be charged for issuing a duplicate license. (b) This fee is nonrefundable. 79.90 Sanctions--Administrative sanctions (a) If a licensee, a partner of a licensee, a principal in the licensee's business, or an employee of the licensee, with the licensee•s knowledge, violates the Act, or a rule or order promulgated under the Act, the commissioner shall: (1) issue a written warning to the licensee specifying the violation; (2) deny, revoke or suspend a license: or (3) place a person on probatibn whose license has been suspended. (b) If a suspension is probated, the commissioner may require the·person to: (1) report regularly. to the commissioner on matters that are the basis of the probation; or ( 2) limit practice to the areas prescribed by the commissioner. (c) If, after investigation of a possible violation and the .facts surrounding that possible violation, the commissioner determines that a violation has occurred, the commissioner shall · issue a preliminary report stating the facts on which the conclusion that a violation occurred is based, recommending that an administrative sanction be imposed on the person charged, and recommending the precise nature and conditions, if any, of that proposed sanction. The commissioner shall base the recommended sanction, and any accompanying conditions, on the following factors: (1) the seriousness of the violation; (2) the history of previous violations; (3) the amount necessary to deter future violations; (4) efforts made to correct the violation; and 10 ,~ ~ ' i ' . r- I l ~ i I I i .... - .... - .... - - , ' .... - - - r I r I (5) any other matters that justice may require. (d) Not later than the 14th day a,fter the day on which the preliminary report is issued, the commissioner shall give written notice of the violation to the person charged. The notice shall include: (1) a brief summary of the charges, (2) a, statement of the proposed sanction, and any accompanying conditions: and (3) a statement of the right of the person charged to a hearing on the occurrence of the violation and the sanction and any terms thereof • (e) Not later than the 20th,day after the date on which the notice is received, the person charged may accept the determination of the commissioner made under this rule, including the recommended sanction arid all accompanying conditions, or make a written request for a hearing on that determination. (f) If the per'son charged. with the violation accepts the determination of the commissioner, the commissioner shall issue an order approving the determination and ordering that the recommended sanction and accompanying conditions be imposed upon that person • (g) If the person charged fails to respond in a timely manner to the notice, or if the person requests a hearing, the commissioner shall , set a hearing, give written notice of the hearing to the person, and designate a hearings examiner to conduct the•hearing. (h) If an administrative hearing is held, and the person wishes to dispute the administrative sanction imposed, not later than the 30th day after the date on which the decision is final as provided by Administrative Procedure and Texas Register Act (Texas Civil Statutes, Article 6252-13a), Section 16(c), the person charged shall file a petition for judicial review contesting the fact of the violation and/or the administrative sanction. Judicial review is, subject to the substantial evidence rule and shall be insHtuted by filing a petition with a Travis County district court as provided by the Administrative Procedure and. Texas Register Act (Texas Civil Statutes, Article 6252-13a) Section 19. A motion for rehearing is a prerequisite to appeal under this section. n.u .sanctions-rAdministrative Penalty/Fine (a) If a person violates the Act, or a rule or order adopted or issued by the commissioner relating to the Act, the commission may, in addition to or in lieu of a sanction imposed under section '79,90 of this Chapter (relating to Sanctions--Administrative 11 , , ' .. , . ·,,. . ·•· Sanctions), assess an administrative penalty in an amount not to exceed $1,000 for each violation. (b) A penalty collected under this section shall be deposited in the state treasury to the credit of the general revenue fund. (c) If, after investigation of .a possible violation and the facts surrounding that possible violation, the commissioner determines that a violation has. occurred, the commissioner shall issue a preliminary report stating the facts on which the conclusion that a violation occurred is based, recommending that an administrative penalty not to exceed $1,000 for each'violation be imposed on the person charged, and recommending the amount of that proposed penalty. The commissioner shall base the recommended amount of the proposed penalty on the following factors: · (1) · the seriousness of the violation; (2) the history of previous violations1 (3) the amount necessary to deter future violations; (4) efforts made to correct the violation; and (5) any other matters that justice may require. (d) Not later than the 14th day after the day on which the -, preliminary report is issued, the commissioner shall give written notice of the violation to the person charged. The notice shall include: (1) a brief summary of the charges; (2) a statement of the amount of the penalty recommended; and (3) a statement of the right of the person charged. to a hearing on the occurrence of the violation and the amount of the penalty. (e) Not later than the 20th day after the date on which the notice is received, the person charged may accept the determination of the commissioner made under this rule, including the recommeridea penalty,· or make a written request for a hearing on that determination. (f) If the person charged with the violation accepts .. the deter'1!lination of the commissioner, the commission shall issue an order approving the determination and ordering that the person pay the recommended penalty. 12 7 .... i ' ' ... ~ - r- - .... - - - - r r., - - -' (g) If the person charged fails to respond in a timely manner to the notice, or if the person requests a hearing, the commissioner shall set a hearing, give written notice of the hearing tp the person, and designate a hearings examiner to conduct the hearlng. · (h) If an administrative hearing is held, not later than the 30th day after the date.on which the decision is final as provided by the Administrative Procedure and Texas Register Act (Texas Civil Statutes, Article 6252-lJa) Section 16(c), the person charged shall: (1) pay the penalty in full; or (2) file a petition for judicial review contesting the fact of the violation and/or the.administrative penalty/fine. Judicial review is subject to the substantial evidence rule and · shall be instituted by filing a petition with a Travis County distr.ict court as provided by Administrative Procedure and Texas Register Act (Texas Civil Statutes, Article 6252-lJa,) section 19. A motion for rehearing is a prerequisite for appeal under this section. If this petition for judicial review is filed, the person must forward·the amount of the administrative penalty/fine to the department for deposit in an escrow account, or post a supersedeas bond with the department in the amount of the penalty/fine, until judicial review is final. (i) A person charged with a penalty who is financially unable to comply with subsection (h)(2) of this section is entitled to judicial review if the person files with the court, as part of the person's petition for judicial review, a sworn statement that the person is unable to meet the requirements of that subsection. (j) Except as provided by subsection (i) of this section, failure to forward the amount assessed or post the bond with the department, in the manner and within the period prescribed by the depa:ctment, results in a waiver of legal rights to judicial review. If the person charged fails to forward the amount assessed or post the bond, the commissioner or the attorney general may bring an action for the collection of the penalty. 1,.,2 sanctions--:rnjunC?tiveRelief an4 civil Penalty . (a) If it appears that a person in violation of, or is threatening to violate, the Act or a rule or order promulgated under the Act, the· conunissioner, or the attorney general at the commi~sionei:-•s request, may institute an action for injunctive relief to restrain the person from continuing the violation and for civil penalties not to exceed $1,000 for each violation and not exceeding $250,000 in the aggregate. 13 (b) If the colnlllissioner or the attorney general prevails in an action under this subsection, the commissioner or the attorney general is entitled to recover reasonable attorney's fees and court costs. sanctions--criminal Penalty (a) A person commits an offense if the person operates a vehicle storage facility that does not have a valid license issued under the Act. (b). An offense under this section is a Class C misdemeanor. (c) A peace officer or license and weight inspector for the Department of Public Safety may make an arrest for a violation of a rule adopted under the Act. sanctions--Revocation or suspension because of a Criminal conviction . (a) The commissioner may revoke, sµspend, or deny a license issued under the Act, or place a person on probation whose license has been suspended, if the commissioner determines that a licensee, a partner of the licensee, a principal in the licensee's business, or an employee of the licensee has been finally convicted of: (1) a felony: or (2) a misdemeanor that: -, l -, I (A) is punishable by confinement or by a fine . _I exceeding $500: and (B) directly relates to a duty or responsibility of a vehicle storage facility operator. (b) The. commissioner may also, after hearing, suspend, revoke or deny a certificate of registration because of a person's felony probation revocation, parole revocation or revocation of mandatory supervision. (c) In determining whether a criminal conviction directly relates to the operation of a vehicle storage facility, the commissioner shall consider: (1) the nature and seriousness of the crime; (2) the relationship of the crime to the operation and of a vehicle storage facility; 14 7 7 ·- ' • ,- .. - - ,.. - - - - ,.. -i r, r r r- - .... ,... I ! (3) the extent to which a certificate of registration might offer an opportunity to engage in further criminal activity of the same type as that in which the person was previously involved; and (4) the relationship of the c,:-ime · to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of operating a vehicle storage facility. (d) In determining the present fitness of a person who has been convicted of.a crime, the commissioner shall also consider: (1) the extent.and nature of the person's past criminal act1vity1 (2) the age of the person at the time of the commission of the.crime; (3) the amount of time that has elapsed since the person's last criminal activity1 (4) the conduct and work activity of the person prior to and following the criminal activityr (5) evidence of the person's rehabilitation or rehabilitative effort while incarcerated or following release; and (6) other evidence of the person's present fitness, including letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial· responsibility for the person, the sheriff and chief of police in the community where the person resides, and any other persons in contact with the convicted person. (e) It shall be the responsibility of the applicant, to the extent possible, to secure and provide the department the recommendations of the prosecution, law enforcement and correctional authorities as required. (f) The applicant shall also furnish proof, in such form as 1nay be required.by the department, that he or she has maintained a record of' steady employment, has supported his or her dependents per court·order, has otherwise maintained a record of good conduct, and has paid all outstanding court costs, supervision fees, fines and restitution as may have been ordered in all criminal cases in which he or. she has been convicted. 79.100 ~echnical Requirements. Each vehicle storage facility: 15 (1) shall notify consumers and service recipients of the name, mailing address, and telephone number of the department for purposes of directing complains to the department. The licensee may use a sticker or rubber stamp to convey the required information. The notification shall be included on: (A) any written wrecker slip or ticket: (B) a sign prominently displayed at the place of payment;or (C) any bill for service. (2) if not enclosed by a five foot high fence on or before September 1, 1985, shall be completely enclosed by a fence at least six feet high with a gate which is locked at all times the licensee or an agent or employee is not at the storage lot; . (3) shall have an all-weather surface such as concrete, asphalt, black-top, stone, macadam, limestone, iron ore, gravel, shell, or caliche, that enables the safe-and effective movement of stored vehicles upon all portions of the lot, both under their own power and under tow, at all times, regardless of prevailing weather conditions; (4) shall have a clearly visible and readable sign at its main entrance setting out the name of the storage lot, the street address, the·.telephone number, the hours, within one hour of which, vehicles will be released to vehicle owners,, and the storage lot's state. license number preceded by either the phrase "VSF License Number", "License Number", "State License Number" or "TDLR Number"; (5) must have vehicles available for release 24 hours a day within one hour's notice if it accepts vehicles 24 hours a day; (6) if it does not accept vehicles 24 hours a day, must have vehicles available for release within one hour between the hours of 8 a.m. and 12 midnight Monday-Saturday and from s a.m.-5 p.m. on Sundays except for nationally recognized. holidays. It is not the intent of this section to require release of vehicles after 12 midnight, and refusal to release after that time, even with notice after 11 p.m., is not a violation of this section: (7) shall post on its sign a telephone number for the vehicle owner to contact in order to obtain release of the vehicle; (8) shall have a sign setting out the per diem charge for storage and all other fees which may be charged by the storage lot, including administrative and preservation/pound fees. This 16 : 7 r i I r l .. ,.. - - - ,.. - - - - .: .. ,,-·~.· .. ,~"'~· .. -~ .··. sign shall be located so it is clearly visible to a vehicle owner prior to paying the fees; (9) shall have a publicly listed and operable telephone where the licensee can be contacted. If the telephone number is changed from the number set out in the vehicle storage license application, the licensee shall give the department written notice of the change prior to the date the new number is used. The notice shall include the storage lot's name, its location, its license number, the old telephone number and the new telephone number; (1()) shall maintain illumination levels adequate for night time release of vehicles. Adequate shall mean sufficient to allow inspection of.a vehicle for damage at the time of release. At a • minimum, there must be one lighting fixture containing at least a 250 watt element for each 1/4 acre of storage area; (11) shall not permit any tow truck which is not · registered and displaying the required Texas Tow Truck license plate per the provisions of the Texas T6w Truck Act, Texas Civil Statutes, Article 6687-9b, and the administrative rules promulgated thereunder, to enter onto the grounds of the facility. 79.101 Technical Requirements -storage Fees/Charges · (a) A vehicle storage facility operator may not charge an owner more .than $25 for notification under subsection 79.70(b) of this title (relating to Accepting Vehicles for Storage). (b) A vehicle storage facility operator may not charge an owner more than $10 for preservation of a stored motor vehicle. 1 (c) A vehicle storage facility operator may not charge less than $5 or more than $15 for each day or part of a day for storage ,... of a vehicle. - - - ,... - · (d) A vehicle. storage facility operator may not charge any .additional fees that are similar to notification, preservation, or administrative fees. (e) . This section controls over any conflicting municipal ordinance or charter provision. 79.102 Technical Requirement• -other statutes an4 Administrative Rules; City Ordinances tach vehicle storage facility must meet the requirements of all other applicable statutes and .administrative rules promulgated thereunder and all applicable city ordinances in addition to meeting the requirements of these rules. The following statutes and prdinances are at least some of the other laws which may impact 17 I your. operation of a vehicle storage facility. You should contact the named agency for more information. (1) Texas Litter Abatement Act, Texas Civil Statutes, Article 4477-9a. This act may limit the storage fees charged, depending upon when notice is provided to the vehicle's owner. This act also provides for the handling of abandoned cars. The · act is administered by the Department of Highways and Public Transportation. (2) Texas Tow Truck Act,· Texas civil Statutes, Article 6687- 9b. This act regulates the operation of tow trucks in the State of Texas. This statute is administered. by the Department of Licensing and Regulation •. (3) The Property code, Texas Civil Statutes, Sections 70.003 and 70.004. These sections relate to a lien on a motor. vehicle, motorboat, vessel, or outboard motor for towing services. (4) · Any city ordinances relating to zoning. Contact city officials in the city in which your stor~ge facility is located. 18 r -.. .. .. - .. - - - - ,... ,... .. ·------~ ------~ ....,_....,..,..._._. ..... ___ u_ • ---·-I - FLOW CHART EXAMPLE OF SEQUENCE OF EVENTS WHEN TOWING A VEHICLE No Text ,.. 1. r 2. r 3. 4. . 5. r - 7. -8. -9. ,,,.. 10. 11. r 12. -' ~ i- ! EXAMPLE .OF TOWED VEHICLE Your Tow Truc~Service;tows. a vehicle (non-consent which includes vehH::le' accidents). • In most instances.the owner will pick up his vehicle and pay the .appropriate charges within'only a few day$. . If the vehfcle is not released you must send a registered letter to the owner/lienholder with seven (7) days of the date you towed the vehicle. • The owner/lienholder has ten {10) days to respond to your letter !lnd!pay '1is car out or make arrangements with your Tow Truck Company for continued storage. · · · If the owner/lienhoJder does not respond to your letter, you have seven (7} days to notify the Police Department :you have an abandoned .vehicle. Paperwork on the vehicle and five dollars must be presented to the department. Upon your notification. the. PoJice Department will send a registered letter to the owner/lienholder wit;hin ten .(10) day$. · : The owner/lienholder has tw~nty (20) days to respond to .the registered l~tter sent py the Police Depart- ment. , · · If the owner/lienholder has not responded in twenty {20) days, the Police Department will issue a tow order for the abandoned vehicle. The dty' s contract Tow Truck Ser¥i ce for abandoned vehicles Will :pick up the vehicle and store it. The vehicle will be,sold in the next available abandoned vehicle auction. From the prpceeds of this sale, the Police Department retains ten dollars or:2% whichever is greater. The paperwork you sent in will be checked to see how much you can legally be reimbursed for tow charges and storage. This amount is sent to the city Day I Maximum 7 Days Maximum 17 Days Maximum 24 Days Maximum 34 Days Maximum 54 Days continued on next page -· ... No Text r I ,... ,... ,.. .... ,... .. .. -- accounting department who wtl 1 issue a check for your Tow Truck Service. 13. Any remaining money will be held by the city for (90) days in case t~e owner of the abandoned vehicle make a claim for the money. After (90) days the money goes into the city',s general fund. PREVIOUS PROBLEMS A. If the Tow Truck Service fails to send a registered letter to the owner/lienholder within seven days, a maximum of seven days storage may be charged. Once the the registered letter has been sent, storage ch,arges may resume. B. lf t.he .Tow TruCk Service fails to notify the Police Department of the ' abandoried vehicle (maximum 24 days) storage charges cease until the Police D~partment is notified. C.. . Some notifications to the Pol ice Department are incomplete and do · no~ 1 i st tow charges or storage, etc •• ------- l . l : l . 1 : 1 , l , l -1 · J -1 VEHICLE TOWED BY OTATION TOW TRU. SOME VEHICLES ARE ABANDONED VEHICLE TAKEN TO VEHICLE STORAGE FACILITY MOST VEHICLES ARE RELEASED AFTER 10 DAYS DECLARED ABANDONED POLICE NOTIFIED ON TIIE 24TH DAY POLICE SEND REGISTERED LETTER WITHIN 10 DAYS POLICE TOW VEHICLE AFTER 20 DAYS CONTRACT SERVICE POLICE AUCTION VEHICLE RELEASED TO OWNER ARRANGEMENTS MADE FOR STORAGE 7 DAYS AFTER ARRANGEMENTS EXPIRE FLOW CHART SHOWING VEHICLES TOWED AND DISPOSITION . ' I ' i . • • 't: . f . ' I t t • No Text - - - - - - - - r l l r . - - SECTION FOR NOTES No Text - - NOTES: - - - r I - - - ,... - No Text .... .. NOTES: - - - .... .... - ... - No Text r - NOTES: - - - - - ... ... ... - - - No Text r ! r - ,.. - - - - - I' I NOTES: No Text I, r ... NOTES: - - - - .... - - - - No Text HW:dw STATE OF TEXAS § COUNTY OF LUBBOCK § PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT -------------------' a tow truck company doing business in Lubbock, Texas, under Chapter 27 of the Code of Ordinances of· the City of Lubbock, Texas, hereinafter called the Principal, as Principal, and-----...... -------------of Lubbock, Texas, hereinafter called the surety, as Surety, agree and are hereby held and firmly bound unto the City of Lubbock and to any person, firm or corporation with whom Principal has contracted or otherwise agreed to provide tow truck services as a result of placement on a Lubbock Police Department Tow Truck Rotation List, and to any person who may be damaged or injured by the negligent performance of such services, in the amount of Ten Thousand and No/100 Dollars ($10,000.00), for the payment whereof the said Principal and surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, to qualify for placement on a Lubbock Police Department Tow Truck Rotation List, the Principal is required to obtain.and attach this bond to an application form submitted to the Department; NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall faithfully perform all work and services contracted for or agreed to in accordance with the Lubbock Police Department Requirements/Procedures/Regulations for Placement on the Tow Truck Rotation Lists, to which this Performance Bond is attached; and also in accordance with the requirements of all ordinances and regulations now and hereafter promulgated by the city of Lubbock; and further, shall cure all damages and injuries resulting from negligent performance of such tow truck services without. cost to the City of Lubbock or such person, firm or corporation for whom the services were performed, then this obligation shall be void; otherwise it shall remain in full force and effect. Written notice of any failure to properly perform such•tow truck services and the amount of any estimated damages shall be given to the surety within thirty (30) days after the discovery by the City of Lubbock of a breach. Neither the Principal nor the Surety shall be liable under this bond to the City of Lubbock or others for obligations that are unrelated to tow truck services required of Principal while on rotation list duty, Liability of the surety for future acts and omissions of Principal may be terminated by the surety giving thirty (30) days written notice to the Chief of Police for the City of Lubbock, and the liability of surety shall cease at the expiration of said thirty (30} days; provided, however, said surety shall be liable for all acts and omissions by said Principal covered by thi~ bond which occur on or before the day of expiration of said thirty (30) days notice. Any proceeding, legal or equitable, under this bond may be instituted in any court of competent jurisdiction in Lubbock county, Texas, after Principal fails to perform in a professionally competent manner any work or services required of tow truck companies on a Lubbock Police Department Tow Truck Rotation List, and the surety refuses or fails within a 11 No Text reasonable time, not to exceed sixty (60) days, to perform its obligations under this bond. This bond shall expire at midnight on the _____ day Of ---------' 19 __ _ In Witness Whereof, the said Principal and surety have signed and sealed this instrument this _______ day of ----------' 19 ___ • Surety Principal By: _____ ..... _______ _ Name and Title By: _____ -,-_______ _ Name and Title The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates as agent resident in Lubbock County to whom any requisite notices may be del.ivered and on whom service of process may be had in matters arising out of such suretyship. Surety By: ______ _,_ ______ _ Name and Title If the above bond is signed by an officer of the Surety company other than its chief executive officer, a certified copy of the bylaws of such company or other evidence must be attached to this bond which will indicate such officer has authority to execute this bond on behalf of the company. If signed by an Attorney-in- Fact, there must be a certified copy of his Power of Attorney attached. Approved as to Content: Chief of Police Approved as to Form: Assistant City Attorney - 2 - No Text