(a) A towing operator may not charge a fee for a nonconsent
tow that is greater than the statewide fee or nonconsent tow fee approved
by Texas Occupations Code, §2308.2065.
(b) A towing operator may not charge a fee related
to a nonconsent tow unless that fee is authorized by the statewide
fee or nonconsent tow fees approved by Texas Occupations Code, §2308.2065.
(c) A towing operator must allow department personnel
and law enforcement to inspect a tow truck permitted under this chapter.
(d) A towing operator must perform each tow in a safe
and competent manner based on the circumstances and type of vehicle
under tow.
(e) During the term of the towing operator license,
a towing operator must maintain a current valid driver's license.
An occupational driver's license does not meet the requirements of
this chapter.
(f) A towing operator may not tow a vehicle to a vehicle
storage facility unless the vehicle storage facility displays a TDLR
license number.
(g) A towing operator may not remove and store an unauthorized
vehicle unless authorized by Texas Occupations Code, §2308.255.
(h) A towing operator may not perform a nonconsent
tow unless the property from which the vehicle is towed is in compliance
with Texas Occupations Code, §§2308.301 - 2308.305.
(i) Except as authorized by Texas Occupations Code,
§§2308.351 - 2308.354, a towing operator may not perform
a nonconsent tow from:
(1) a leased right-of-way;
(2) an area between a parking facility and a public
right-of-way;
(3) a public right-of-way; or
(4) a public roadway.
(j) A towing operator must prepare and issue a tow
ticket for each nonconsent tow.
(k) towing operator must provide a copy of the tow
ticket to the vehicle owner or representative, if the owner or representative,
or operator is present and available at the time of the tow, and a
copy delivered to the vehicle storage facility, or place agreed upon
by the towing operator and vehicle owner.
(l) The tow ticket provided by the towing operator
shall only authorize charges directly related to towing the vehicle
to a designated location authorized by subsection (k).
(m) The tow ticket provided by the towing operator
must itemize each charge and must characterize the fees using the
identical fee structure stated in the towing company's nonconsent
towing fee schedule on file with the VSF.
(n) The towing operator must include on the tow ticket
the licensed name of the towing company, publicly listed telephone
number, towing company TDLR license number, and the TDLR license number
of the towing operator.
(o) A towing operator must perform each towing operation
with honesty, trustworthiness, and integrity.
(p) When performing towing operations, all towing operators
must carry and openly display the appropriate TDLR issued original
towing operator license.
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