Texas Administrative Code

(a) Criminal history record information. After an applicant for a pawnshop license or pawnshop employee license submits a complete license application, including all required fingerprints, and pays the fees required by §85.211 of this title (relating to Fees) or §85.306 of this t…

If a pawnshop license expires as prescribed by §85.104 of this title (relating to License Term, Renewal, and Expiration) for failure to pay annual assessment fees, the OCCC will notify the pawnshop license holder by mailing notice to the current registered agent on file via certi…

(a) Applicability. In this section: (1) the requirements imposed on a pawnbroker apply to all pawnbrokers; and (2) the requirements imposed on a pawnshop employee apply only to employees of pawnbrokers that participate in the pawnshop employee license program. (b) Generally. For …

A pawnshop that ceases operation must make reasonable accommodations to ensure that a pledgor has an opportunity to redeem pledged goods. A sign must be posted in compliance with §85.401(b) of this title (relating to Hours and Days of Operation) that informs a pledgor of the proc…

(a) Winding down. When a licensee surrenders its license or ceases business operations, the licensee must comply with §85.605 of this title (relating to Redemption of Goods After License Revocation or Suspension). (b) Surrendering to avoid enforcement action. A licensee may not s…

Hearings held under this subchapter will be held in accordance with the rules of procedure applicable under §9.1(a) of this title (relating to Application, Construction, and Definitions), the Administrative Procedure Act, the Texas Rules of Civil Procedure, and the Texas Rules of…

Upon request, a certificate of good standing must be provided in accordance with §82.2 of this title (relating to Public Information Requests; Charges).

(a) The advisory board consists of the nine members appointed by the chairman of the commission with the approval of the commission. The nine members include: (1) one representative of a towing company operating in a county with a population of less than one-million; (2) one repr…

(a) Election of benefits. (1) An eligible employee may elect to participate in the health care and/or dependent care reimbursement accounts within the flexible benefits plan by making an election and executing an election form or enrolling electronically. (2) An employee who beco…

Vehicle storage facilities shall be responsible for providing proof regarding whether or not a vehicle was stored with the vehicle owner's consent.

(a) Applicability. This section applies only to pawnbrokers that participate in the pawnshop employee license program and employees of these pawnbrokers. (b) Reasonable ground for denial. Failure to file a pawnshop employee application with the OCCC within 75 calendar days of the…

A licensee may not engage in false, misleading, or deceptive advertising.

(a) A licensed VSF operator shall notify the department of changes to any of following information: (1) change in the business name no later than the effective date of the change; (2) change of mailing or physical address no later than the effective date of the change; (3) change…

(a) Applicability. In this section: (1) the requirements imposed on a pawnbroker apply to all pawnbrokers; and (2) the requirements imposed on a pawnshop employee apply only to employees of pawnbrokers that participate in the pawnshop employee license program. (b) Reasonable grou…

If any portion or provision of this subchapter is found to be illegal, invalid, or unenforceable, such illegality, invalidity, or lack of enforceability will not affect or impair the legality, validity, and enforceability of the remainder of this subchapter, all of which will rem…

(a) If a vehicle is removed by the vehicle owner or authorized representative within 24 hours after the VSF receives the vehicle, notification as described in subsections (b) - (j) does not apply. (b) The registered owners and lien holders of a vehicle accepted at a VSF shall be …

(a) If a vehicle is not claimed by a person permitted to claim the vehicle before the 10th day after the date notice is mailed or published under §85.703, the operator of the VSF shall consider the vehicle to be abandoned and, if required by the law enforcement agency with jurisd…

(a) A vehicle storage facility accepting a vehicle that is towed under this chapter shall, within two hours after receiving the vehicle, report to the local law enforcement agency with jurisdiction over the area from which the vehicle was towed: (1) a general description of the v…

(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 th…

(a) Each VSF shall notify the vehicle owner of the department's website and email address, mailing address, and telephone number, for purposes of directing complaints regarding the vehicle storage to the department. (b) The licensee may use a legible sticker or rubber stamp to co…

(a) A VSF must allow a person claiming to be the owner of a vehicle stored or parked at the facility to have access to the vehicle's glove compartment, console, or other interior storage area if documents necessary to establish the person's identity or ownership of the vehicle ar…

Unless authorized by another law or regulation, a VSF shall not allow a tow truck that is not permitted under Texas Occupations Code, Chapter 2308, to enter the storage area of the facility.

(a) Release of vehicles. The VSF must comply with the following requirements when releasing vehicles. (1) The VSF shall comply with all provisions of Texas Occupations Code, Chapter 2308, Subchapter J, relating to the rights of the owner of a stored vehicle, including providing t…

(a) In addition to other forms of payment accepted by the VSF, including a governmental VSF, a VSF must accept cash, debit cards and credit cards. (b) A VSF in violation of subsection (a), in addition to administrative penalties, may not charge for the storage of a vehicle beyond…

(a) A lienholder who repossesses a vehicle delivered to a VSF is liable to the operator of the facility for any money owed to the operator in relation to delivery of the vehicle to or storage of the vehicle in the facility regardless of whether an amount accrued before the lienho…

(a) The licensee may not refuse to release the vehicle to the vehicle's owner or insurance company due to nonpayment by the law enforcement agency that directed the towing and storage of the vehicle for evidentiary or examination purposes. (b) Pursuant to 37 Texas Administrative …

Upon request by the vehicle owner or the vehicle owner's authorized representative, the licensee shall provide the name, address, and telephone number of the insurance company that is providing required liability insurance coverage to the facility, in addition to the facility's i…

All VSFs shall have a publicly listed telephone where the VSF can be contacted. If the telephone number is changed from the number in the most recent VSF application, the VSF shall give the department written notice of the change prior to the date the new number is used. The noti…

When the VSF accepts a vehicle towed without the vehicle owner's consent, the VSF shall inspect the vehicle and note as an addition on the tow ticket any differences from the information previously set out thereon, but shall not write over or deface any prior writing on the tow t…

Except as provided for by these rules, no parts shall be removed from any vehicle, and no vehicle shall be dismantled or demolished within the storage area of a licensed VSF. Vehicles may be dismantled or demolished only if the VSF has a certificate of title, certificate of autho…

No stored vehicle may be used for personal or business use without the written consent of the vehicle's owner.

(a) Reasonable storage efforts. A VSF operator shall make reasonable efforts necessary for the storage of a vehicle, such as locking doors, rolling up windows, and closing doors, hatchbacks, sunroofs, trunks, hoods, or convertible tops. Such actions are included in the storage fe…

A vehicle accepted for storage may not be repaired, altered, or have parts removed or replaced without consent of the vehicle owner or owner's authorized representative.

When a motor vehicle has been delivered to a VSF, the vehicle may not be moved from that facility within the first 31 days of storage without the vehicle owner's authorization. If it becomes necessary to move the vehicle during the first 31 days of storage because of VSF capacity…

(a) For the purposes of this section, "VSF" includes a garage, parking lot, or other facility that is: (1) owned by a governmental entity; and (2) used to store or park at least 10 vehicles each year. (b) The fees outlined in this section have precedence over any conflicting muni…

(a) Applicability. A VSF operator may not dispose of a vehicle unless the operator has complied with all provisions of the Act, including §§2303.151 - 2303.154 and §2303.157, concerning notification and disposal of abandoned vehicles. (b) Documentation and records. A VSF operator…

(a) A VSF that holds an abandoned nuisance vehicle is not required to send or publish a second notice and is entitled to dispose of the vehicle on the 30th day after the date the notice is mailed or published under §2303.151 or §2303.152 of the Act. (b) The VSF must: (1) notify t…

(a) A VSF adopting paragraphs (1) - (12) will comply with Texas Occupations Code, §2303.160. (1) Purpose and Scope. This drug testing policy provides guidance to supervisors and VSF employees about their responsibilities under this policy. Except as stated in paragraph (12), this…

A person licensed under this chapter must conduct vehicle storage facility operations with honesty, trustworthiness, and integrity.

(a) Description. The HealthSelectShoppERS program is designed to provide an incentive for eligible GBP health benefit plan participants to select certain network facilities for specified elective, non-emergency medical services and procedures. The program is described in §81.12 o…

(a) Application fees. (1) Vehicle Storage Facility License (A) Original Application--$250 (B) Renewal--$250 (2) Vehicle Storage Facility Employee License (A) Original Application--$75 (B) Renewal--$75 (b) Revised/Duplicate License/Certificate/Permit/Registration--$25 (c) Late ren…

(a) Claim for reimbursement. (1) Claims for reimbursement of expenses incurred during an eligible employee's period of coverage in the plan year may be submitted at any time during the plan year, but not later than December 31 following the close of the plan year. (2) Claims shal…

A person that violates Texas Occupations Code, Chapter 2303, a rule, or an order of the Executive Director or Commission relating to Texas Occupations Code, Chapter 2303, will be subject to administrative sanctions and/or administrative penalties under Texas Occupations Code, Cha…

This chapter supplements Chapter 80 of this title (relating to Contested Case Hearings) by providing special procedures to be followed for particular types of hearings. Whenever there is a conflict between this chapter and Chapter 80 of this title, this chapter prevails.

This chapter is adopted under the authority of the Texas Occupations Code, Chapter 51 and Chapter 2308. This chapter increases the safety of vehicle towing operators by ensuring that only qualified professionals tow vehicles.

The following words and terms, when used in this chapter will have the following meanings, unless the context clearly shows otherwise: (1) Advisory board--The Towing and Storage Advisory Board. (2) Applicant--The person or entity submitting an application for a permit or license …

(a) Each tow truck shall, if applicable: (1) have a legible manufacturer's data plate indicating the capacity of the boom, the winch or the carry mechanism; or (2) have a document in the truck from the manufacturer stating the capacity of the boom, the winch and the carry mechani…