Bill Text: TX SB860 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the exclusion of certain car haulers from the definition of tow truck for purposes of certain laws regulating motor vehicle towing.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2021-06-14 - Effective on 9/1/21 [SB860 Detail]
Download: Texas-2021-SB860-Enrolled.html
| S.B. No. 860 | ||
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| relating to the exclusion of certain car haulers from the | ||
| definition of tow truck for purposes of certain laws regulating | ||
| motor vehicle towing. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 2308.002(11), Occupations Code, is | ||
| amended to read as follows: | ||
| (11) "Tow truck" means a motor vehicle, including a | ||
| wrecker, equipped with a mechanical device used to tow, winch, or | ||
| otherwise move another motor vehicle. The term does not include: | ||
| (A) a motor vehicle owned and operated by a | ||
| governmental entity, including a public school district; | ||
| (B) a motor vehicle towing: | ||
| (i) a race car; | ||
| (ii) a motor vehicle for exhibition; or | ||
| (iii) an antique motor vehicle; | ||
| (C) a recreational vehicle towing another | ||
| vehicle; | ||
| (D) a motor vehicle used in combination with a | ||
| tow bar, tow dolly, or other mechanical device if the vehicle is not | ||
| operated in the furtherance of a commercial enterprise; | ||
| (E) a motor vehicle that is controlled or | ||
| operated by a farmer or rancher and used for towing a farm vehicle; | ||
| (F) a motor vehicle that: | ||
| (i) is owned or operated by an entity the | ||
| primary business of which is the rental of motor vehicles; and | ||
| (ii) only tows vehicles rented by the | ||
| entity; | ||
| (G) a truck-trailer combination that is owned or | ||
| operated by a dealer licensed under Chapter 2301 and used to | ||
| transport new vehicles during the normal course of a documented | ||
| transaction in which the dealer is a party and ownership or the | ||
| right of possession of the transported vehicle is conveyed or | ||
| transferred; or | ||
| (H) a car hauler that is used solely to | ||
| transport, other than in a consent or nonconsent tow, motor | ||
| vehicles as cargo: | ||
| (i) in the course of: | ||
| (a) a prearranged shipping | ||
| transaction; or | ||
| (b) a commercial transaction for | ||
| transport of a damaged vehicle arranged or authorized by an | ||
| insurance company and delivered to a salvage pool operator as | ||
| defined by Section 2302.001; or | ||
| (ii) for use in mining, drilling, or | ||
| construction operations. | ||
| SECTION 2. This Act takes effect September 1, 2021. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 860 passed the Senate on | ||
| April 9, 2021, by the following vote: Yeas 31, Nays 0; and that | ||
| the Senate concurred in House amendment on May 28, 2021, by the | ||
| following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 860 passed the House, with | ||
| amendment, on May 20, 2021, by the following vote: Yeas 143, | ||
| Nays 2, one present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
