TDLR Issues Proposed Tow Truck Rules
On February 8, 2008, the Texas Department of Licensing and Regulation (TDLR) released voluminous proposed rules to implement the provisions of H.B. 2094 enacted in 2007. That bill, titled the “Texas Towing Act,” did the following: (1) established licensing requirements for tow truck operators and vehicle storage facilities; (2) established state-level permitting requirements for nonconsent, consent, and private property tows; and (3) provided that a tow truck may not be used for consent towing or nonconsent towing on a public roadway in this state unless an appropriate state permit has been issued for the tow truck.
Neither the bill nor the rules appear to preempt city tow truck rotation lists nor other municipal towing regulations. However, cities with comprehensive towing regulations should review the proposed rules and comment as appropriate. The proposed rules may be viewed at:
http://www.sos.state.tx.us/texreg/index.shtml.
Comments are due by March 7, 2007.