Title OC, Occupations Code

Sec. 2305.151. DEFINITION. In this subchapter, "catalytic converter" has the meaning assigned by Section 1956.001. Added by Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 3.12, eff. May 29, 2023.

Sec. 2305.152. APPLICABILITY. This subchapter applies only to a person described by Section 1956.123(1)(A) through (G). Added by Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 3.12, eff. May 29, 2023.

Sec. 2305.153. RECORD REQUIRED. (a) A person to whom this subchapter applies shall, for each transaction in which the person sells or transfers to another person a catalytic converter that is removed from a motor vehicle, maintain an accurate record of the transaction until the s…

Sec. 2305.154. OFFENSE: FAILURE TO MAINTAIN RECORD. (a) A person commits an offense if the person intentionally or knowingly fails to maintain a record as required by Section 2305.153. (b) An offense under this section is a Class A misdemeanor. (c) If conduct that constitutes an …

Sec. 2305.155. INSPECTION OF CERTAIN RECORDS. (a) In this section, "licensing authority" and "occupational license" have the meanings assigned by Section 58.001. (b) If an occupational license is required for a person to engage in a business or occupation described by Section 195…

Sec. 2307.001. DEFINITIONS. In this chapter: (1) "Arm's length transaction" means the standard of conduct under which two parties having substantially equal bargaining power, each acting in its own interest, would negotiate or carry out a particular transaction. (2) "Claims cente…

Sec. 2307.002. INSURER INTERESTS. (a) Except as provided by this section, an insurer may not own or acquire an interest in a repair facility. (b) An insurer that owns an interest in a tied repair facility that was open for business, or on which construction had commenced, on Apri…

Sec. 2307.003. FAVORED FACILITY AGREEMENT PRESUMED. An insurer is presumed to have a favored facility agreement with a repair facility in which it owns an interest. Added by Acts 2003, 78th Leg., ch. 1045, Sec. 1, eff. Sept. 1, 2003. Renumbered from Occupations Code, Section 2306…

Sec. 2307.004. CONTRACTUAL CONDITIONS. (a) An insurer that owns an interest in a repair facility may use only one favored facility agreement. (b) Except as otherwise provided by this subsection, the terms under which the insurer enters into a favored facility agreement must be id…

Sec. 2307.005. NOTICE. (a) An insurer that owns an interest in a repair facility shall post the following notice in each of its tied repair facilities: "THIS REPAIR FACILITY IS OWNED IN WHOLE OR IN PART BY (NAME OF INSURER). YOU ARE HEREBY NOTIFIED THAT YOU ARE ENTITLED TO SEEK R…

Sec. 2307.006. PROHIBITIONS. An insurer may not: (1) condition the provision of a product, service, insurance policy renewal, pricing, or other benefit on the purchase of any good or service from its tied repair facilities; (2) share information with its tied repair facilities th…

Sec. 2307.007. CONFLICT OF INTEREST PROHIBITED. Except as otherwise provided by this chapter, an agreement between an insurer and its tied repair facility must be negotiated and executed as an arm's length transaction. Added by Acts 2003, 78th Leg., ch. 1045, Sec. 1, eff. Sept. 1…

Sec. 2307.008. SUPPORT SERVICES. (a) Notwithstanding this chapter, and except as provided by Subsection (b), an insurer may provide support services to its tied repair facilities if those services: (1) are priced at a level that is fair and reasonable to both the insurer and the …

Sec. 2307.009. ACTION TO COMPEL COMPLIANCE; DISCIPLINARY ACTION. (a) A person, including a repair facility, aggrieved by a violation of this chapter by an insurer may bring an action for injunctive or other appropriate relief to compel the insurer to comply with this chapter. (b)…

Sec. 2307.010. ANTITRUST ENFORCEMENT. This chapter does not confer immunity from an antitrust law of this state or the United States. A sanction or penalty imposed in an action brought under this chapter is in addition to other relief granted on the basis of the violation of an a…

Sec. 2307.011. EXCLUSIVITY. Unless otherwise specifically provided by this chapter, this chapter provides the exclusive authority and rules applicable to the regulation of the relations between an insurer and a tied repair facility. Added by Acts 2003, 78th Leg., ch. 1045, Sec. 1…

Sec. 2308.001. SHORT TITLE. This chapter may be cited as the Texas Towing and Booting Act. Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.12, eff. September 1, 2007. Amended by: Acts 2009, 81st Leg., R.S., Ch. 845 (S.B. 2153), Sec. 2, eff. September 1, 2009.

Sec. 2308.002. DEFINITIONS. In this chapter: (1) "Advisory board" means the Towing and Storage Advisory Board. (1-a) "Boot" means a lockable road wheel clamp or similar vehicle immobilization device that is designed to immobilize a parked vehicle and prevent its movement until th…

Sec. 2308.004. EXEMPTION. Sections 2308.151(b), 2308.2085, 2308.257, and 2308.258 do not apply to: (1) a person who, while exercising a statutory or contractual lien right with regard to a vehicle: (A) installs or removes a boot; or (B) controls, installs, or directs the installa…

Sec. 2308.051. TOWING, STORAGE, AND BOOTING ADVISORY BOARD. (a) The advisory board consists of nine members appointed by the presiding officer of the commission with the approval of the commission: (1) one representative of a towing company operating in a county with a population…

Sec. 2308.052. TERMS; VACANCIES. (a) Advisory board members serve staggered terms of six years. (b) Repealed by Acts 2025, 89th Leg., R.S., Ch. 871 (S.B. 2075), Sec. 62(5), eff. September 1, 2025. (c) If a vacancy occurs during a term, the presiding officer of the commission shal…

Sec. 2308.053. PRESIDING OFFICER. The presiding officer of the commission shall appoint one of the advisory board members to serve as presiding officer of the advisory board for a term of two years. The presiding officer of the advisory board may vote on any matter before the adv…

Sec. 2308.054. COMPENSATION; REIMBURSEMENT OF EXPENSES. Advisory board members may not receive compensation but are entitled to reimbursement for actual and necessary expenses incurred in performing the functions of the advisory board, subject to the General Appropriations Act. A…

Sec. 2308.056. GENERAL POWERS AND DUTIES. The executive director or commission, as appropriate, may take action as necessary to administer and enforce this chapter. Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.12, eff. September 1, 2007.

Sec. 2308.057. RULES. (a) The commission shall adopt rules for permitting tow trucks and licensing towing operators, towing companies, booting companies, and boot operators. The commission may adopt different rules applicable to each type of permit or license. (a-1) The commissio…

Sec. 2308.0575. RULES ON FEES; CONTRACT FOR STUDY; CONFIDENTIAL INFORMATION. (a) To protect the public health and safety, the commission by rule shall establish: (1) the fees that may be charged in connection with a private property tow; (2) the maximum amount that may be charged…

Sec. 2308.058. FEES. The commission shall establish and collect reasonable and necessary fees in amounts sufficient to cover the costs of administering this chapter. Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.12, eff. September 1, 2007.

Sec. 2308.059. PERIODIC INSPECTIONS. (a) The department may enter and inspect at any time during business hours: (1) the place of business of any person regulated under this chapter; or (2) any place in which the department has reasonable cause to believe that a license or permit…

Sec. 2308.060. POWERS AND DUTIES OF ADVISORY BOARD. The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration and enforcement of this chapter, including examination content, licensing standards, continuing ed…

Sec. 2308.061. PERSONNEL. The department may employ personnel necessary to administer and enforce this chapter. Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.12, eff. September 1, 2007. SUBCHAPTER C. TOW TRUCK PERMIT REQUIREMENTS

Sec. 2308.101. PERMIT REQUIRED. A tow truck may not be used for consent towing or nonconsent towing on a public roadway in this state unless an appropriate permit has been issued for the tow truck under this subchapter. Each tow truck requires a separate permit. Added by Acts 200…

Sec. 2308.102. APPLICATION REQUIREMENTS. (a) An applicant for a permit under this subchapter must submit to the department: (1) a completed application on a form prescribed by the executive director; (2) evidence of insurance or financial responsibility required under this subcha…

Sec. 2308.103. REQUIREMENTS FOR INCIDENT MANAGEMENT TOWING PERMIT. (a) An incident management towing permit is required for a tow truck used to perform any nonconsent tow initiated by a peace officer, including a tow authorized under Section 545.3051, Transportation Code. (b) To …

Sec. 2308.104. REQUIREMENTS FOR PRIVATE PROPERTY TOWING PERMIT. (a) A private property towing permit is required for a tow truck used to perform a nonconsent tow authorized by a parking facility owner under this chapter. (b) To be eligible for a private property towing permit, an…

Sec. 2308.105. REQUIREMENTS FOR CONSENT TOWING PERMIT. (a) A consent towing permit is required for a tow truck used to perform a consent tow authorized by the vehicle owner. (b) To be eligible for a consent towing permit, an applicant must submit evidence that: (1) the tow truck …

Sec. 2308.106. DEPARTMENT APPROVAL; ISSUANCE OF PERMIT. (a) The department shall issue a permit under this subchapter to an applicant who meets the requirements for a permit. The department may deny an application if the applicant has had a permit revoked under this chapter. (b) …

Sec. 2308.107. PERMIT RENEWAL. (a) A permit issued under this chapter is valid for one year. The department may adopt a system under which permits expire at different times during the year. (b) The department shall notify the permit holder at least 30 days before the date a permi…

Sec. 2308.108. CAB CARDS. (a) The department shall issue a cab card for each tow truck issued a permit. The cab card must: (1) show the permit number of the certificate issued under Section 2308.106(b); (2) show the type of permit issued; (3) show the vehicle unit number; (4) sho…

Sec. 2308.109. DISPLAY OF INFORMATION ON TOW TRUCK. (a) A permit holder shall display on each permitted tow truck: (1) the permit holder's name; (2) the permit holder's telephone number; (3) the city and state where the permit holder is located; and (4) the permit number for the …

Sec. 2308.110. FINANCIAL RESPONSIBILITY. (a) A permit holder shall maintain liability insurance for each tow truck according to the requirements under this subchapter. (b) Unless state law permits a tow truck to be self-insured, any insurance required for a tow truck must be obta…

Sec. 2308.151. LICENSE OR LOCAL AUTHORIZATION REQUIRED. (a) Unless the person holds an appropriate license under this subchapter, a person may not: (1) perform towing operations; or (2) operate a towing company. (b) Unless prohibited by a local authority under Section 2308.2085, …

Sec. 2308.152. GENERAL LICENSE APPLICATION REQUIREMENTS. An applicant for a license under this subchapter must submit to the department: (1) a completed application on a form prescribed by the executive director; (2) the required fees; and (3) any other information required by co…

Sec. 2308.153. INCIDENT MANAGEMENT TOWING OPERATOR'S LICENSE. (a) An incident management towing operator's license is required to operate a tow truck permitted under Section 2308.103. (b) An applicant for an incident management towing operator's license must: (1) hold a valid dri…

Sec. 2308.154. PRIVATE PROPERTY TOWING OPERATOR'S LICENSE. (a) A private property towing operator's license is required to operate a tow truck permitted under Section 2308.104. (b) An applicant for a private property towing operator's license must: (1) hold a valid driver's licen…

Sec. 2308.155. CONSENT TOWING OPERATOR'S LICENSE. (a) A consent towing operator's license is required to operate a tow truck permitted under Section 2308.105. (b) An applicant for a consent towing operator's license must hold a valid driver's license issued by a state in the Unit…

Sec. 2308.156. NONTRANSFERABILITY OF LICENSE. A license issued by the executive director is valid throughout this state and is not transferable. Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.12, eff. September 1, 2007.