| (a) To be eligible for an emergency tow company license,
an applicant must:
(1) submit a completed application on a department-approved
form;
(2) provide the name and address of each partner if
the applicant is a partnership;
(3) provide the name and address of each corporate
officer, including the president, secretary, and treasurer, if the
applicant is a corporation;
(4) provide the name and address of each owner of the
towing company and the percentage of ownership interest each holds
in the company;
(5) provide the name and address of the operator or
manager of the towing company if it is not operated or managed by
one of the owners;
(6) provide the towing company's physical address,
mailing address, and telephone number; and
(7) pay the tow company license fee required under §86.800.
(b) The controlling persons listed in subsection (a)
must successfully pass a criminal background check.
(c) An emergency tow company must prepare and maintain
a record of each tow. The record must contain the date a vehicle was
towed, the vehicle identification number, license plate number, year,
color and the make and model of the towed vehicle along with the towed
vehicle's point of origin and destination.
(d) An emergency consent towing company whose principal
business address is located outside the state of Texas, may maintain
tow records at an out-of-state facility if the towing company reimburses
the department for necessary travel expenses and per diem for any
inspections or investigations conducted under these rules.
(e) All books and records generated by an emergency
consent tow company must be maintained for not less than two years
and shall be provided to the department upon request.
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