Texas Administrative Code

(a) For purposes of this section: (1) light-duty means the tows of motor vehicles with a gross weight rating of 10,000 pounds or less; (2) medium-duty means the tows of motor vehicles with a gross weight rating of more than 10,000 pounds, but less than 25,000 pounds; (3) heavy-du…

(a) A license or permit holder may not charge a fee for a nonconsent tow that is greater than a nonconsent tow established under Texas Occupations Code, §2308.2065. (b) A license or permit holder may not charge a fee for a service related to a nonconsent tow that is not included …

(a) If a political subdivision begins regulating nonconsent tow fees, the towing company must update the fee schedules provided to the VSF and used by the towing company before the 30th day after the ordinance goes into effect. (b) Any changes in nonconsent tow fees regulated by …

This subchapter applies to appeals to the commission from actions of a city relating to water pollution control and abatement outside the corporate limits of such city, initiated under Texas Water Code, §26.177(c).

Any person affected by a city's ruling, order, decision, ordinance, program, resolution, or any other act, relating to water pollution control and abatement outside the corporate limits of such city and adopted under Texas Water Code, §26.177, or any other statutory authorization…

The issues on appeal are whether the action or program of the city is invalid, arbitrary, unreasonable, inefficient, or ineffective in its attempt to control water quality.

The following are prerequisites to appeal under Texas Water Code, §26.177(c). (1) Filing of a petition. Any appeal to the commission under this subchapter requires the filing of a petition for review with the executive director within 60 days of the enactment of the ruling, order…

The petition shall contain: (1) the name of the party seeking commission action, with the original copy of the pleading signed by the petitioner or the petitioner's authorized representative; (2) the business phone number and address of the city whose action is being appealed and…

Not later than the 20th day after the date on which the city receives a copy of the petition for review, the city may submit to the executive director an answer in defense of the action from which the appeal is taken.

The commission shall hear the appeal and may, in its final order, affirm, overturn, or modify the action of the city from which the appeal was taken. The commission, on its own motion, or at the request of any party to an appeal, may refer the appeal to SOAH for hearing prior to …

The commission may consolidate any or all of the appeals, if any, which relate to the action in question of the city.

If an appeal is taken from a commission order, the commission order shall remain in effect for all purposes until final disposition is made by a court of competent jurisdiction.

(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) A towing company or tow truck operator that performs an incident management or nonconsent tow may only tow the vehicle to one of the following locations: (1) a vehicle storage facility operated by a person who holds a vehicle storage facility license issued by the department;…

(a) A tow truck permit holder must display on each permitted tow truck: (1) the permit holder's name; (2) the permit holder's publicly listed telephone number; (3) the city and state where the permit holder is located; and (4) the permit number for the tow truck. (b) The informat…

(a) A licensee or permit holder shall notify the department of changes to any of following information: (1) change in the licensee's or permit holder's name no later than the effective date of the change; (2) change of the licensee's or permit holder's mailing or physical address…

A towing company must file an original application for licensure when there is a change in the ownership of the company, including but not limited to, a corporate merger or a change in the sole proprietorship or partnership.

(a) Except for signs required by Texas Occupations Code, §2308.301, a towing company may not directly or indirectly give anything of value to a parking facility owner in connection with the removal of a vehicle from a parking facility. (b) A towing company may not have a direct o…

(a) A towing company must provide its nonconsent towing fees schedule to all VSF's to which the towing company delivers vehicles for storage. (b) The nonconsent towing fees schedule provided to the VSF and made available to the public at the VSF must match the nonconsent towing f…

Unless allowed by another law or regulation, a towing company or tow truck operator must not operate or cause a tow truck to be operated on the public roadways of this State unless the tow truck displays current license plates that include the words "Tow Truck."

(a) A towing company must prepare and issue a tow ticket for each nonconsent tow. (b) A copy of the tow ticket must be given to the vehicle owner, if the owner or operator is present and available at the time of the tow, and a copy delivered to the vehicle storage facility, or pl…

(a) A towing company adopting paragraphs (1) - (12) of this subsection will comply with Texas Occupations Code, §2308.158. (1) Purpose and Scope. This drug and alcohol testing policy provides guidance to supervisors and towing operators about their responsibilities under this pol…

A towing company must conduct towing operations with honesty, trustworthiness, and integrity.

(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…

(a) Application Fees (1) Permit Tow Truck (A) Original Application--$75 (B) Renewal--$75 (C) Duplicate Permit--No charge (D) Permit Amendment--$25 (2) Tow Company License (A) Original Application--$350 (B) Renewal--$350 (C) Duplicate License--$25 (D) Permit Amendment--$25 (3) Ope…

A person that violates Texas Occupations Code, Chapter 2308, a rule, or an order of the Executive Director or Commission relating to Texas Occupations Code, Chapter 2308, will be subject to administrative sanctions and/or administrative penalties under Texas Occupations Code, Cha…

The executive director may issue a cease and desist order as necessary to enforce this chapter if the executive director determines the action is necessary to prevent a violation of this chapter and to protect public health and safety.

A license or permit holder charging a fee greater than the fee listed on its most recent fee schedule submitted to the department or a fee not listed on its most recent fee schedule submitted to the department may be ordered to reimburse the vehicle owner or operator of the over …

(a) The department shall suspend a license holder's license on the license holder's failure to pay a final judgment awarded to an owner or operator of a vehicle before the 60th day after the date of the final judgment. The department must provide notice of the suspension to the l…

(a) This chapter is promulgated under the authority of the Texas Occupations Code, Chapter 51 and Chapter 2309. Specific provisions within this chapter also implement the statutory requirements under Texas Occupations Code, Chapter 2305, Subchapter D, Texas Transportation Code, C…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Account--A record that a prior plan vendor or revised plan vendor uses to record the value of the deferred compensation activity credit…

The purpose of this chapter is to implement HHSC ombudsman programs, as established by Texas Government Code, Title 4, Chapter 531, Subchapter Y.

Words and terms defined in the Texas Government Code, Chapter 406, shall have the same meaning in this chapter. For the purposes of this chapter the following words and terms shall have the following meanings, unless the context clearly indicates otherwise. (1) Credential means a…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise, or the words or terms conflict with a definition in the Transportation Code, §501.002, §501.091, §551A.001, or Occupations Code, Chapter 23…

(a) Subject to the provision in subsection (b) of this section and §87.12 of this title (relating to Qualification by an Escrow Officer Residing in an Adjacent State), a person is eligible to be a notary public if the person is 18 years of age or older and a resident of Texas. (b…

(a) New application. An application for issuance of a new tax refund anticipation loan facilitator registration must be submitted in accordance with the instructions of the Office of Consumer Credit Commissioner (OCCC). (b) Required information. The application must include the f…

(a) Complete application. An application is complete when it: (1) conforms to the rules and the published instructions of the Office of Consumer Credit Commissioner (OCCC); (2) all fees have been paid; and (3) all requests for additional information have been satisfied. (b) Effec…

A registered tax refund anticipation loan facilitator may move the business office from the registered location to any other location by giving notice of intended relocation to the Office of Consumer Credit Commissioner (OCCC). The notice must include the present address of the r…

(a) New registrations. For a new registration, the applicant must pay a $50 nonrefundable fee for each registered location. (b) Registration amendments. A registered facilitator must pay a fee of $25 to amend a registration by changing the assumed name of the registrant or reloca…

Once a registration application or notice is filed with the Office of Consumer Credit Commissioner (OCCC), it becomes a "state record" under Texas Government Code, §441.180(11), and "public information" under Government Code, §552.002. Under Government Code, §§441.190, 441.191 an…

(a) Registration term and renewal. An initial registration is effective from the date of its issuance until December 31. A registration must be renewed annually to remain effective. After renewal, a registration is effective for a term of one year, from January 1 to December 31. …

(a) Definition. In this subsection, the term "advertising material" includes: (1) descriptive literature or advertisements of an investment provider or TPA representative that are published in newspapers, magazines, or other publications; (2) material an investment provider or TP…

In addition to the eligibility requirements in §87.10 of this title (relating to Eligibility to Hold the Office of Notary Public), an applicant must hold a commission as a traditional notary public before being eligible for appointment as an online notary public.

(a) An applicant who is qualified as an escrow officer within the meaning assigned by §2652.051, Insurance Code, is not required to be a resident of Texas if the applicant is a resident of New Mexico, Oklahoma, Arkansas or Louisiana. (b) The secretary of state shall commission th…

(a) The secretary of state shall issue a traditional notary public commission to a qualified applicant. An applicant is qualified if: (1) the applicant meets the eligibility requirements stated in §87.10 of this title (relating to Eligibility to Hold the Office of Notary Public);…

(a) Approval of a disclosure form in prior plan. (1) A prior plan vendor may complete an annual disclosure form for each investment product in which a plan participant has an account balance. If a variable annuity product has several investment choices, the plan administrator may…

(a) The secretary of state shall issue an online notary public commission to a qualified applicant. An applicant is qualified if: (1) the applicant meets the eligibility requirements stated in §87.11 of this title (relating to Eligibility to be Commissioned as an Online Notary Pu…