TEXAS DEPARTMENT OF LICENSING & REGULATION
The Texas Department of Licensing and Regulation (Department) is reviewing the Tow Trucks, Operators, and Vehicle Storage Facilities program rules located at Title 16, Texas Administrative Code, Chapters 85 and 86, for re-adoption, revision, or repeal. This rule review is required every four years.
The Notice of Intent to Review was published in the Texas Register on October 9, 2020 (45 TexReg 7281), as part of a combined notice for several other programs undergoing simultaneous review.
The Department will determine whether the reasons for adopting or readopting these rules continue to exist by answering the following questions for each rule:
Is it obsolete?
Does it reflect current legal and policy considerations?
Is it in alignment with the current procedures of the Department?
The Department encourages anyone interested in the Tow Trucks, Operators, and Vehicle Storage Facilities program to review the Notice of Intent to Review and the current program rules for Towing and Vehicle Storage Facility posted on the Department’s website.
Comments may be submitted electronically on the Department’s website at https://ga.tdlr.texas.gov:1443/form/gcerules (select the appropriate chapter name for your comment).
Deadline to submit comments—November 9, 2020TEXAS DEPARTMENT OF LICENSING & REGULATION
The Texas Department of Licensing and Regulation (Department) is reviewing the Tow Trucks, Operators, and Vehicle Storage Facilities program rules located at Title 16, Texas Administrative Code, Chapters 85 and 86, for re-adoption, revision, or repeal. This rule review is required every four years.
The Notice of Intent to Review was published in the Texas Register on October 9, 2020 (45 TexReg 7281), as part of a combined notice for several other programs undergoing simultaneous review.
The Department will determine whether the reasons for adopting or readopting these rules continue to exist by answering the following questions for each rule:
Is it obsolete?
Does it reflect current legal and policy considerations?
Is it in alignment with the current procedures of the Department?
The Department encourages anyone interested in the Tow Trucks, Operators, and Vehicle Storage Facilities program to review the Notice of Intent to Review and the current program rules for Towing and Vehicle Storage Facility posted on the Department’s website.
Comments may be submitted electronically on the Department’s website at https://ga.tdlr.texas.gov:1443/form/gcerules (select the appropriate chapter name for your comment).
Deadline to submit comments—November 9, 2020
Question: Can I perform a private property tow for a vehicle with an expired registration?
Answer: No. On March 13, 2020, Governor Greg Abbott issued a proclamation, declaring a state of disaster for all counties in Texas due to the threat of COVID-19. Governor Abbott also issued a statement on March 16, 2020, granting a temporary extension to obtain an initial registration and renewal of registration for a vehicle. Tex. Occ. Code § 2308.253 (d) and (e) prohibit the towing of vehicles from private property on the basis of an expired license plate or registration unless certain requirements are met. Due to the extension granted for obtaining the initial registration or renewal of registration for a vehicle, tow companies may not tow vehicles from private property for expired registration or renewals until further notice.
Important – Essential Businesses
We hope that you and your families are doing well and remain safe during these unusual times. It goes without saying that none of us have experienced anything like this in our lifetime. Regardless of orders in particular counties in Texas, our association is still working on your behalf.
While we believe the services that we render to consumers, law enforcement, and auto mechanics around the state fall within the “essential duties” set out by the U.S. Homeland Security Office, we have been hearing different jurisdictions may be handling it differently depending on the local order.
Today, Southwest Tow Operators contacted Governor Abbott’s staff to request that tow truck operators and businesses be deemed an essential business. It is important to the safety of those still on the roadways to not have to worry about vehicles on the side of the road. Likewise, it does not make sense for these vehicles to be sitting until the order is lifted when auto mechanics and body shops are considered essential.
Please contact Governor Abbott’s office today to ask him to deem towing companies as an essential business to keeping our roadways safe and clear.
Governor Abbott’s Phone Number: 512-463-2000.
Thank you,
Southwest Tow Operators
