| (a) Retention of written documentation. Vehicle storage facility licensees must maintain a copy of the original written documentation regarding their operations for a period of two years from the date of the release or disposal of the vehicle. Written documentation shall be in the form of: (1) motor vehicle registration checks; (2) notification letters; (3) certified return receipts; (4) tow tickets (if applicable); (5) bills for service; (6) auction sales receipts; (7) inventory (if applicable); (8) certificates of authority to demolish; and (9) any authorized document used to release a vehicle, including but not limited to a title, affidavit of right of possession and control, or court order. (b) Minimum information. Each licensee shall keep written records on each vehicle kept or stored at the VSF. These records shall contain: (1) the year, make, model, color, correct license plate number, state issuing the license, and correct vehicle identification number of the vehicle; (2) the date, time and location from which the vehicle was towed, and name of person or company who authorized the tow; (3) the tow operator's TDLR license number, the name of the company that towed the vehicle, and the license plate numbers of plates issued to the tow truck under Transportation Code, §502.180, and §504.508; (4) the date the vehicle was released, the name of the individual to whom the vehicle was released, and the type of identification (Texas drivers license or other state or federally issued photo identification) and identification number provided by the individual to whom the vehicle was released; (5) the date of any vehicle transfer, and the address of the location to which the vehicle was transferred along with the name of the towing company and towing operator's with TDLR license number, who made the transfer; (6) a copy of any certificate of title issued after the vehicle came into the possession of the VSF, any certificate of authority to demolish, any law enforcement 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 VSF or if the vehicle has been disposed of or demolished; and (7) all amounts received at the time the vehicle was released, including the specific nature of each charge. (c) Nonconsent tow tickets. The VSF shall ensure that nonconsent tow tickets (if applicable) contain the licensed name of the towing company, publicly listed telephone number, the towing company certificate of registration number and the TDLR license number of the towing operator. (d) Regulatory documents. A VSF may not accept a vehicle for storage unless the VSF makes and maintains a copy of the towing operator's valid TDLR operator's license and tow truck cab card for the operator and truck delivering the vehicle for storage. The copies required by this subsection must be current and valid on the date a vehicle is delivered to the VSF for storage. (e) Availability of documentation. All documents required by this chapter shall be made available by the licensee, the licensee's agent, or the licensee's employee for inspection and copying upon request by department personnel, or a law enforcement officer, during the same hours the VSF must ensure that vehicles are available for release to the vehicle owner. (f) Care and custody of records. Required records shall be kept under the care and custody of the licensee for at least two years from the date the vehicle was released or disposed of. |
| Source Note: The provisions of this §85.706 adopted to be effective April 15, 2008, 33 TexReg 2931; amended to be effective May 3, 2010, 35 TexReg 3482; amended to be effective January 16, 2012, 37 TexReg 112 |
