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Tow Trucks, Operators and Vehicle Storage Facilities

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Vacancies on Towing, Storage and Booting Advisory Board

The Texas Department of Licensing and Regulation (Department) announces two vacancies on the Towing, Storage and Booting Advisory Board (Board) established by Texas Occupations Code, Chapter 2308 and Chapter 2303.  The pertinent rules may be found in 16 Texas Administrative Code §85.650 and §86.650.   The purpose of the Towing, Storage and Booting Advisory Board is to advise the Texas Commission of Licensing and Regulation (Commission) and the Department on technical matters relevant to the administration and enforcement of Chapter 2308 and Chapter 2303, including examination content, licensing standards, and continuing education requirements.

The Board is composed of ten members appointed by the presiding officer of the Commission, with the Commission’s approval.  The board consists of the following members:  one representative of a towing company operating in a county with a population of less than one million; one representative of a towing company operating in a county with a population of one million or more; one owner of a vehicle storage facility located in a county with a population of less than one million; one owner of a vehicle storage facility located in a county with a population of one million or more; one parking facility owner; one law enforcement officer from a county with a population of less than one million; one law enforcement officer from a county with a population of one million or more; one representative of property and casualty insurers who write automobile insurance in this state; one representative of a booting company; and one public member.  Members serve terms of six years, with the terms of two or three members, as appropriate, expiring on February 1 of each odd-numbered year. This announcement is for the positions of a representative of booting company and a public member.

Public Member Frequently Asked Questions

Interested persons should request an application from the Texas Department of Licensing and Regulation by telephone (512) 475‑4765, FAX (512) 475‑2874 or Email advisory.boards@license.state.tx.us. Applicants for public board member should download the Public Member Application; applicants for the other board positions should download the Towing, Storage and Booting Board Application. Applicants may be asked to appear for an interview; however, any required travel for an interview would be at the applicant's expense.

Information About Tow Operator (Driver) Licensure and Certification

All tow truck operators must be licensed by September 1, 2008.  There are three different types of tow operator licenses:  the Incident Management Tow Operator License, the Private Property Tow Operator License, and The Consent Tow Operator License.

Tow truck operators need to choose only one designation. The Incident Management License allows a driver to perform incident management towing, private property towing and consent towing. The Private Property License allows private property towing and consent towing.  The Consent Towing License only authorizes consent towing.

Driver Certification: Tow operators wanting the Incident Management or Private Property Tow Operator License must be certified before they may obtain their license.  Applicants for the Consent Towing License do not need to be certified.

Certification may be obtained from the Towing and Recovery Association of America, the Texas Towing and Storage Association, or from the Southwest Tow Operators Association, or the proctored program from WreckMaster, Inc. Currently these three programs are the only acceptable certification programs. TDLR does not provide certification classes or certifications. Additional certification programs may be approved in the future.

Online Registration Now Available
Tow operators and VSF employees may now apply for their license online.

The deadline for licensure is September 1, 2008
Overview of Tow Trucks, Operators and Vehicle Storage Facilities Program

In 2007, the 80th Legislature created the “Texas Towing Act” by adding a new Section 2308 to the Occupations Code.  The Texas Towing Act gave the authority to regulate this new section to the Texas Department of Licensing and Regulation (TDLR).  It also transferred the authority to regulate Section 2303 of the Occupations Code, Vehicle Storage Facilities, from the Texas Department of Transportation (TxDOT) to TDLR.

This means that if you are involved in the towing and/or vehicle storage facility business, you will now be regulated by TDLR.

The Texas Department of Licensing and Regulation is seeking your input as a member of the tow truck and vehicle storage facility industry.  We are currently working on our draft rules for the towing and vehicle storage facility programs.  You can follow the latest updates here on our website.  Once they are available, the draft rules will be posted here and you will have the opportunity to provide us with your comments.

We are excited to welcome tow trucks and vehicle storage facilities to the TDLR family.

Timeline

While the Texas Towing Act becomes effective on September 1, 2007, the major provisions of the Act that require drivers and vehicle storage facility employees to obtain licenses from TDLR do not become effective until September 1, 2008.
TxDOT will continue to handle all the functions and activities relating to tow trucks, towing operations, or vehicle storage facilities until January 1, 2008. 

  • Beginning on January 1, 2008, tow truck companies will be licensed or registered with the Texas Department of Licensing and Regulation.  
  • Beginning on September 1, 2008, each tow truck must be permitted, each tow truck operator must be licensed and the requirements for criminal background checks and drug testing of tow truck operators become effective. Tow trucks and operators may be licensed as Incident Management (IM), Private Property (PP) or Consent towers (CT).  IM trucks and operators may also do PP or CT tows.  PP trucks and operators may also do CT tows.  CT trucks and operators may only do consent tows.  The Act requires TDLR to do a criminal background check of all applicants for licenses beginning in 2008.  IM and PP operators will need to be certified by the National Drivers Certification Program of the Towing and Recovery Assoc. of America (or a TDLR-recognized equivalent).  All licenses and permits must renew annually.
  • Beginning on September 1, 2008, each vehicle storage facility employee must be licensed and the requirements for criminal background checks and drug testing of vehicle storage facility employees become effective

The Act also creates the Towing and Storage Advisory Board. Members of the Board will represent the towing industry and vehicle storage facilities from different geographical areas of the state.  Members will also include representatives from law enforcement and insurance companies.

Board Members are appointed by the presiding officer of the commission and approved by the commission. You may download an advisory board application from the TDLR web site.

The Towing Act states that Members will include:

  • One representative of a towing company operating in a county with a population of less than one million
  • One representative of a towing company operating in a county with a population of one million or more
  • One owner of a vehicle storage facility  located in a county with a population of less than one million
  • One owner of a vehicle storage facility located in a county with a population of one million or more
  • One parking facility owner
  • One law enforcement officer from a county with a population of less than one million
  • One law enforcement officer from a county with a population of one million or more
  • One representative of property and casualty insurers who write automobile insurance in this state
New Classifications Of Towing

The Texas Tow Act creates new classifications of tow trucks and operators. 

  • Each tow truck requires a separate permit.
  • Each driver requires a license.
  • Incident Management (IM) Towing Permit – required for any nonconsent tow initiated by a peace officer
    • Tow truck equipped to tow light-duty or heavy-duty vehicles according to the manufacturer’s towing guidelines
    • Maintain at least $500,000 of liability insurance for the tow truck
    • Maintain at least $50,000 of cargo insurance for the tow truck
    • A tow truck with an IM permit may also be used for private property towing and consent towing
  • Private Property (PP) Towing Permit – required for a tow truck used to perform a nonconsent tow authorized by a parking facility owner
    • Tow truck equipped to tow light-duty or heavy-duty vehicles according to the manufacturer’s towing guidelines
    • Maintain at least $300,000 of liability insurance for the tow truck
    • Maintain at least $50,000 of cargo insurance for the tow truck
    • A tow truck with an PP permit may also be used for consent towing but not for incident management towing
  • Consent Towing (CT) Permit – required to a tow truck used  for a consent tow
    • Tow truck equipped to tow light-duty or heavy-duty vehicles according to the manufacturer’s towing guidelines
    • Maintain at least $300,000 of liability insurance for the tow truck
    • A tow truck with an CT permit may not be used for nonconsent towing including incident management and private property towing
  • The Act requires TDLR to do a criminal background check of all applicants for an operator’s license beginning in 2008.  IM and PP operators will need to be certified by the National Drivers Certification Program of the Towing and Recovery Assoc. of America (or equivalent).
  • All licenses and permits must renew annually.

TDLR encourages you to read these changes for yourself by downloading a copy of the Texas Towing Act.

Justification For Vehicle Towing Administrative Rule Adoption §86.250

The Texas Commission of Licensing and Regulation (“Commission”) adopts a new rule at 16 Texas Administrative Code (“TAC”), Chapter 86, §86.250, regarding continuing education for towing operators.  The new rule is adopted with changes to the proposed text as published in the October 24, 2008, issue of the Texas Register (33 TexReg 8712).  The adoption takes effect January 12, 2009.

The Towing and Storage Advisory Board (“the Board”) recommended the substance of this rule at its meeting on July 8, 2008.  The Commission considered the proposed rule as a discussion item at its October 23, 2008, meeting.  At that time Commission members expressed concern that the number of continuing education hours required by the proposed rule was excessive.  The Board met on November 10, 2008, and considered the proposed rule again.  After public testimony and discussion, the Board voted, with one dissenting vote, to recommend the rule as proposed.

Texas Occupations Code, §2308.157(a) requires the Commission by rule to recognize, prepare, or administer continuing education programs for license holders.  The new rule implements this statutory provision.  The rule will work in conjunction with Chapter 59 of the Commission’s rules, which contains the general provisions for continuing education providers and courses.  That chapter requires providers to be registered with the Texas Department of Licensing and Regulation (“Department”) and courses to be approved by the Department.  Providers will become part of the Department’s electronic system for notifying the Department of course completion.

As a companion to this new rule at 16 TAC, §86.250, the Commission also adopted an amendment to 16 TAC, §59.3 which added the towing program to the coverage of Chapter 59.

The new rule requires a towing operator to complete four hours of continuing education in Department-approved courses to renew the operator’s license.  The continuing education hours must include one hour of roadway safety, one hour of law and rules, and the remaining two hours may be in any of the specified topics, including roadway safety or law and rules.  The continuing education hours must be completed during the term of the current license or, in the case of a late renewal, within the one-year period prior to the date of renewal.  A licensee may not receive credit for attending the same course more than once.  A registrant is required to retain a copy of the certificate of completion for two years after the date of completion of the course.

Courses must be approved by the Department under procedures prescribed by the Department. To be approved by the Department, a provider's course must be dedicated to instruction in one or more of the topics listed in subsection (g).  A course may be offered until the expiration of the course approval (which is one year) or until the provider ceases holding an active provider registration, whichever occurs first.  The provider must pay a $5 record fee to the Department for each licensee who completes a course for continuing education credit.

Texas Occupations Code, §2308.157(c) requires that to renew an incident management towing operator’s license the first time, the licensee must complete a one-time professional development course related to towing that is licensed or certified by the National Safety Council or another course approved and administered by the Department under this section.  Subsection (j) of the new rule implements this statutory provision.  The Department understands that the National Safety Council does not actually license or certify such a course; however, the rule specifies “another course” that the Department will approve for this purpose.  After considering public comments, the Commission adopts the rule with changes to the specific course requirements listed in the proposed rule.

The one-time professional development course must be 8 hours, consisting of at least 2 hours of classroom training and 2 hours of live demonstration and hands-on training.  The remaining hours may consist of any combination of classroom training and live demonstration and hands-on training.  The rule specifies the topics that must be covered.  Finally, the course must be offered by or through an approved provider, including a community college, college, or university.  This differs from the proposed rule by not requiring the course to be offered by or through a community college, college, or university.  A corresponding change to subsection (l) was necessary to clarify that a course taken prior to the effective date of the rule need not have been offered by an approved provider.

The new rule applies to licensees, providers, and courses upon the effective date of the rule.

Subsection (l) relates to the 8-hour, one-time professional development course required under subsection (j) and allows a licensee to receive credit for such a course that was completed prior to the effective date of the rule.  In that situation, the provider would not have to have been registered with the Department and the course would not have to have been approved by the Department for the licensee to receive credit.  The licensee must furnish a certificate of completion or other evidence satisfactory to the Department of completion of the course.  Beginning on the effective date of the rule, however, providers will need to register with the Department and have the course approved by the Department in order for licensees to receive continuing education credit.

The Department drafted and distributed the proposed rule to persons internal and external to the agency.  The public comment period closed on November 24, 2008.  The Department received numerous comments on the proposed rule.  Below is a summary of the comments and the Department’s responses to the comments.

Public Comments Received During November 10, 2008, Advisory Board Meeting

During the November 10, 2008, meeting of the Towing and Storage Advisory Board (TASAB), the TASAB received public comments from: Frankie Garcia, Dan Messina, Tommy Anderson, Larry Cernosek, Rhonda Hight, Jess Horton, Michael Nealpool, Rose Goode, Don McClure, and Eric Golbow.  The comments received during the November 10, 2008, TASAB meeting were in substance identical to those submitted in writing.  Therefore, responses to the oral comments received during the November 10, 2008, TASAB meeting are addressed in the section addressing written comments.

Written Comments

Two-hundred and thirty-three written comments were timely received by the Commission.  The written comments fall into two groups.  The first group consists of non-survey related comments.  The second group consists of survey related comments.

Non-survey related comments

The Commission received thirty-three non-survey related comments submitted by the following:  Joseph D’ Ortenzio, Abba Training, Ron Burns, Towing Experts, Fred Shannafelt, Shannafelt Auto, Phil Martin, Phil’s Automotive, Olan Benge, Poor Farms, William E. Beaty, Beaty’s Repair and Wrecker Service, Mobile City Wrecker of San Antonio, Oscar Garza, Craig Zale, Craig’s Car Care, Suzanne Poole, Houston Professional Towing Association, Cody Leifer, Crow Towing, Dale Waltrip, Kennington Wrecker Service, Peter Poze, LADS Wrecker Service, Tiffani Whitehead, Underwood Garage & Wrecker Service, Brent Rowland, Diamond Service Center, John Tazman, Rick Stevenson, Texas Auto Carriers, Jim Fuller, Fuller Towing & Recovery, Jeni Ferril, T. Miller, Inc., John Payette, Superior Wrecker Service, Euna Payette, Superior Wrecker Service, Leaonard Leifer, Dan Messina, Southwest Tow Operators, Joann Messina, Southwest Tow Operators, Abilene Auto Wrecking, Gregg Killingsworth, Larry Jackson, Sandra Toman, Jimmy (emaill address provided), Ron Burnes, Donald Cypert, Johnny Crawford, Vince McCurley, Berto Torres, Eric Golbow, Texas Towing and Storage Association, Cathy Ackeman, Mesilla Winwood, Victor Blanco, Courtiss Himes, and Jim Quinte, Automobile Parts & Services Association.

Two commenters correctly observed that the 18-hour professional development course in proposed new §86.250 is not an annual requirement and does not apply to every licensed tow operator.  The commenter points out that the requirements of §86.250 are limited to licensed Incident Management operators and only apply to the first license renewal.  The Commission agrees with this commenter and further clarifies that §86.250 addresses both professional development (applicable only to Incident Management tow operators) and continuing education (applicable to all tow operators).  The Commission further clarifies that the professional development course is designed specifically to address advanced towing techniques not ordinarily encountered by private property and consent tow operators.  The Commission emphasizes that the professional development course is not the same as continuing education and the terms are therefore not interchangeable.

One commenter suggested that continuing education follow the same standards as other programs administered by the Department.  The Commission agrees with this comment and believes the four hours of continuing education stated in the published rule and the requirements of the adopted rule follows and is consistent with the requirements of existing programs administered by the Department.

Some commenters request the Commission create exemptions for “not for hire trucks”, while others suggest grandfathering experienced tow operators or those issued a license by the Department before a certain date.  The Commission declines to change the published rule in response to these comments.  First, the term “not for hire trucks” is neither a statutory or regulatory term.  Moreover, the published rule is applicable to tow operators and does not apply to trucks.  Second, grandfathering experienced drivers is ambiguous at best.  The comment equates longevity as a tow operator with qualifications.  That assumption may or may not be correct.  Finally, grandfathering tow operators based on an arbitrary future date could allow untrained and unqualified tow operators to quickly receive an Incident Management license without benefit of a professional development course, endangering the public and frustrating the legislative purpose to license qualified Incident Management tow operators.

One commenter states that tow drivers should not have more training than electricians who perform far more dangerous functions.  The Commission agrees with this comment and notes that under the published or adopted rule, Incident Management tow operators are not required to have more training than electricians.  Electricians are licensed by type.  Similarly, tow operators are licensed by type.  The lowest type of electrician’s license and the lowest type of tow operator’s license do not require professional development.  However, the more advanced the license, the more professional development is required.  An advanced electrician’s license requires hundreds of hours of professional development via the apprentice program.  On the other hand, under the published rule and the rule as adopted, an advanced Incident Management tow operator’s license requires fewer than twenty hours of professional development.

Several commenters object to the requirement that professional development be conducted by or through a community college, college, or university.  They argue that small towns may not have community colleges and those with them may not have qualified instructors.  Some commenters suggest that college level instruction will inflate the costs of training.  One commenter suggested that the professional development course be conducted over the internet in lieu of community colleges.  In response to these commenters, the Commission changed the rule to eliminate the requirement that the professional development course be offered in conjunction with a university or community college.

While some commenters acknowledge that some training is necessary; many suggest that 18 hours is too much for continuing education and suggest that number be reduced between four to eight hours.  Those commenters asked the Commission to consider costs on smaller companies along with costs to comply with other licensing requirements and operating costs not related to continuing education.  One commenter supported keeping the 18-hour professional development course and increasing the continuing education requirement from four hours to eight hours.  Another commenter suggested that continuing education be set between four to six hours.  One commenter noted that tow operators often have more than one place of employment and may receive safety training from multiple sources outside of their towing experience.  One commenter argues that the continuing education rule will have an effect on small business because if drivers are away from work attending class they earn less.  The same commenter recommended reducing the professional development course from eighteen to twelve hours and eliminating the fee paid by continuing education providers.  While the proposed rule never required 18-hours of continuing education, in response to these commenters, the Commission changed the rule to reduce the number of hours of the professional development course from 18 to 8 hours.

Many commenters supported keeping the 18-hour professional development course with 6 hours of hands on training as published because it is the industry standard and represents the minimum amount of training necessary to ensure operator safety and further improve industry professionalism.  The Commission disagrees with these comments because it believes that 8 hours is a sufficient minimum requirement for the course.  A commenter suggested that the 4 hours of continuing education should not be approved until the Department conduct research to confirm that four hours is appropriate.  The Commission disagrees and believes that it is necessary to move forward with a continuing education rule to comply with statutory requirements.

In response to other comments, the Commission reduced the number of hours for the professional development course from 18 to 8-hours.  In doing so, the Commission reserves the right to revisit this issue and addresses any issues regarding this professional development course approved in these rules.

Several commenters suggested that continuing education include training in first aid, roadside safety, practices and procedures, equipment use and deployment, hazardous material identification, transportation code, and storage lot rules and regulations.  The Commission believes that the course requirements of the professional development course offer providers the flexibility to teach the courses suggested by these commenters.

Several commenters questioned whether the Department would credit prior certification training toward completion of the 18-hour professional development course.  The rule as published and adopted provides an opportunity for tow operators to request approval of professional development courses meeting the requirements of this rule.

One commenter suggested that continuing education is a hidden tax that will only increase over time.  Another commenter suggested that continuing education be required of just those tow operators with traffic violations on their driving record.  One commenter stated that training should have been required before issuing the tow operator license.  In response to these comments, the Commission notes that the training required by this rule is mandated by statute.

Survey related comments

The Commission received two hundred comments submitted on a survey form prepared by the Texas Towing & Storage Association.  Survey form comments were received from: Peter Pell, Sharla Cole, Mike Neal Pool, TK Thompson, Joe Tuckor, Jerry Pieper, Donald Cain, Dolly Patke, Bill Sharp, Lean Mewborn, Edward Bumstead, Gino Caprile, Jimmie White, Randall Holt, Phillip Gore, Carroll Cox, Victor Lopez, Matthew Armstrong, Matt Armstrong, Irvin Menokle, Duane Pittman, John Skinner, Frank Meeham, Norman Dulong, Jay Cockran, Craig Stowis, Darel Beene, Joe Hill, Barry Falkner, Larry Cernosek, Jeni Ferril, David Pickrell, Winston Cox, Glen Hays, Kenneth and Donnie Bellar, Jan Banet, Eddy Merchant, Billy Seanster, Adan Garza, Randy Smith, Carolyn Janek, TL Sebatain, Tom Hooker, Ralph Long, Cory Colyer, Ken Stevenson, Johnny Peoples, Lee & David McBroom, Joe Dees, Ashton Laursen, Asker Payne, Scott Pakiz, HB Robert, Leslie Meyer, Ronnie Pelt, James Griffin, Erbie Voyles, Jimmy Marion, Tommy Daves, Brent Rowland, Vicky Toliver, David Richardson, Cecil Mahoney, Richard Gilleaux, Keith Helms, Bobby Hennis, Lee & Thersa McClary, Thomas Cronston, Erica Hendrickson, Alexander Bauricah, Nancy Noska, Michael Noska, Bob Johnsone, John Walker, Craig Zale, Rayford Eagars, Ray Eagars, D. Gregar Arons, Phil Martin, Charles Hice, Charles Walls, Rick Anastasi, Laura Anastasi, Johnny Adamick, George Whatley, Barry Black, Gary Howard, Mike Steelman, Rod Haycock, David Matoke, Larry Cromley, Evertt Johnson, Darrel McGinnis, David Anastasi, Clarence Thomas, Mike Muzyka, Tim Oyleshy, Damon Terry, Judy Scott, Keith Lafollett, James Parker, James Milner, Billy Wooten, Rick Ruback, Joel Barlow, Mike Sutton, John Hall, Joe Key, Jacob Cox, Pat Crow, Rick Morles, Kimberly Schmoyer, Steve Brundidge, James Hrabovsky, Michael Liggie, Mark Cochrum, Vicent Liggio, Jasper Liggio, Mark Morgan, Anthony Falco, Charlie Reddin, Steven Parker, Collin Jelteil, Herman Niesweiolony, Michael Welch, Richard Beluin, Manuel Guajardo, Ronnie McCollough, Magdaleno Zapata, Charles Carroll, Thomas McCain, Hugh McCain, Robert East, Bill Clark, Joel Franklin, Sharayla Jones, Lewis Clark, Cecil Baker, Joe Whitney, Cornelius Ikwmezunma, Fred Britton, Bryant Ratliff, Jesse Simpson, Tony Gonzales, David Davis, Hector Garcia, Pat Scanlin, Jeffrey Anastasi, John Zengler, Raymond May, Emzell Jones, Paul Perry, David Olivarez, Frank Mostens, Steve Cole, Enrique Avila, Roy Rodriguez, Lonenzo Gonzales, Phil Bridges, Bob Edwards, Roy Gillie, Roy Long, Robert Savage, Anna Hill, David Boles, Erma Boles, Jonathan Arreola, LJ Boles, Emmanuel Arreola, Mark Boles, Wayne Powers, Jose Alonso, Paul Johnson, Chad Keesling, Bobby Melton, John Westfall, Jim Gossett, Bill McKnight, James Burren, Gary Meuth, Jason Adamick, Jesse Tanne, Vernon Waltman.

The Texas Towing & Storage Association survey form contained the following five propositions: (1) Do you feel 18 CE hours is/is not a great benefit to every driver; (2) Is hands on training necessary to ensure that every driver understands the safety aspect of towing; (3) I have/have not been in formal training class and I learned; (4) I ask the board to/to not change the rule; and (5) I strongly agree/disagree that every tower needs to be Trained the full 18 hours with hands-on training.

In response to survey proposition 1, the Commission notes that neither the published rule nor adopted rule requires “every driver to complete 18 CE hours” as stated in the form survey.  Likewise, in response to survey proposition 2, neither the published rule nor adopted rule requires hands-on training for “every driver.”  Similarly, in response to survey proposition 5, neither the published rule nor adopted rule requires every tow operator “be [t]rained the full 18 hours with hands-on training.”

With respect to survey proposition 4, the Commission notes that of the 200 survey responses, 81 responders supported a change to the published rule, while 75 did not.  Not all survey responses responded to this proposition.  The Commission assumes that the change to the rule relates to the professional development course or the number of continuing education hours.  As stated in various sections of this preamble, the Commission adopts the new rule with changes to the proposed rule.

While survey proposition 4 inquired about whether the commenter attended formal training, many commenters used the proposition as an open forum to express a host of opinions.

One commenter notes he attended formal training and learned proper accident scene, staging, up-righting all size vehicles, increasing mechanical advantage thru snatch blocks, redirect angle of pull to minimize traffic disruption, on scene communication before, during and after a recovery, dispatching crucial equipment to expedite scene clearance, how to work with multiple agencies, hazardous materials, and safety clothing.  As stated earlier, the Commission believes that the professional development and continuing education requirements have enough flexibility to include these topics.

Several commenters state that some towing companies already hold safety meetings and the additional training is unnecessary.  While applauding companies voluntarily providing safety training to tow operators, by statute, the Commission is required to establish minimum training requirements.  In reducing the number of hours for the professional development course, the Commission recognizes the efforts of some companies and at the same time impose a minimum standard on others.

Many experienced tow operators commented that a new tow operator or those with less than five years experience should be trained but not in a college setting.  The Commission does not adopt the assumption that experience or longevity equals proper training and therefore declines to grandfather tow operators.

One commenter suggests that continuing education is just another expense without benefit to tow operators.  The Commission disagrees with this commenter because properly trained tow operators benefit not only the towing industry but the citizens of the State of Texas.

One commenter suggested that the professional development course be part of the American Traffic Safety Services Association incident traffic control training for responders.  The Commission notes that nothing in the published or adopted rule prevents the American Traffic Safety Services Association from seeking approval of its training course for approval by the Department.

Some commenters believe that consent towing is not a science and that with the correct driver’s license a person should be allowed to get a tow operator’s license because tow trucks are simple to operate.  Without comment on the complexity or simplicity of the different types of tow trucks, the Commission notes its statutory obligation to provide both professional development and continuing education for tow operators.

Several commenters recognize that tow operators performing heavy recovery tows require more training than those performing light tows.  Comments also observe that a one size does not fit all tow operators.  They conclude by suggesting that different type tow operators should be subject to different continuing education requirements.  The Commission agrees with these commenters and believes that the statutory requirement that only Incident Management tow operators complete professional development course takes this distinction in levels of training into consideration.

Some commenters suggest that safety training will not prevent injury to tow operators because they are killed or injured by drunk drivers or inattentive drivers passing the accident scene.  Some of those commenters suggest that programs be implemented to educate the public; while other commenters advocate passage of a “move over” law.  Without comment on the merits of the arguments, the Commission notes that it is without jurisdiction to implement the requested actions.

One commenter states that an 18 hour class does not guarantee safety.  The Commission acknowledges that regulations do not come with guarantees.  However, the professional development course and the continuing education requirements represent measures that will result in incremental safety improvements.

Some commenters believe that professional development and continuing education should be voluntary.  Others argue that companies be allowed to train employees or that somehow internal safety meetings be substituted for the training required by statute.  The Commission acknowledges its statutory obligation to implement a mandatory professional development course and continuing education program.  Therefore, it is inappropriate to delegate this solely to voluntary and in-house training.

Several commenters asked that towers engaged in repossession activity be classified differently from other types of tow operators.  The Commission notes that while repossession towing is a subgroup of the towing industry they are also consent tow operators.  Under the published and adopted rules, consent towers are only required to complete four hours of continuing education.

Many commenters assert that they have decades of experience along with common sense and should be grandfathered from the professional development course and the continuing education requirements.  As the Commission previously concluded, this comment equates longevity as a tow operator with qualifications.  That may or may not be correct and the Commission declines to adopt the assumption.

Some commenters believe that 18 hours is a fraction of the time needed for training.  Another commenter questioned why auctioneers are required to have a hundred hours of training as opposed to only 18-hours for Incident Management tow operators.  The Commission believes there are sufficient differences between the two industries to justify different levels of training.

One commenter asserts that tow operators with Department-approved certification be exempt from additional training requirements.  The Commission declines to create this exemption because both levels of training are required by statute.

Several commenters suggested that training be in the form of video and other study materials that do not require travel or other expenses.  One commenter complained that training costs will exceed $500 per person.  Another commenter requested that training be provided in Spanish.  Based on other written and oral comments, the Commission believes that a large segment of the industry will greatly benefit from hands-on training.  Therefore, the Commission finds that professional development training solely by video is inappropriate.  The Commission also believes that providers will meet market needs to offer professional development training in Spanish.

Some commenters state that training provides an opportunity to discover safety issues not otherwise thought about and increases driver confidence and communication to the company about equipment needs.  Many commenters believe that hands-on-training is very important to members of the towing industry.  The Commission agrees with these commenters and the adopted rule retains the hands-on approach while offering flexibility to offer topics that instill confidence in operators leading to a safer towing industry.

One commenter suggested that tow companies with trucks registered with the United States Department of Transportation (USDOT) be exempt from the professional development course and continuing education because the USDOT already requires training.  This same commenter suggested that consent towing is contractual in nature and that unsafe operation of tow trucks can be addressed through civil litigation.  The Commission understands that USDOT training is a proposal without implementation.  Nevertheless, the Commission believes that the training requirements imposed by this rule are only applicable to tow operators holding a TDLR tow operator license.  The Commission also believes that leaving matters of safety to civil litigation is not a reasonable solution.

One commenter stated that tow operators are first responders and need the 18 hour professional development course to ensure the safety of other first responders working an accident scene.  This commenter believes that watching an 8-hour video is insufficient to adequately train a tow operator; as opposed to the hundreds of hours of training required of other first responders.  This commenter argues that the 18-hour professional development course in the published rules should be adopted because it is similar to the course offered by the International Institute of Towing and Recovery program which is mandatory for tow operators with the Harris County Road Authority.  The Commission agrees that a professional development course should include more than watching an eight hour video.  The rule as adopted requires hands-on training.  Moreover, the rule establishes the minimum standard for training an Incident Management tow operator.  Nothing in the rule prevents a tow operator from participating in more than the 8-hour course.  Also, nothing prevents Harris County or a towing company from requiring more professional development hours from Incident Management tow operators.

Late filed Comments

The following persons late filed comments which were received after the November 24, 2008, deadline for submitting comments:  Charlane Meyer, Ken W. Ulmer, Mark Miller, Frank Lozano, Catherine Creamer, Todd Stowe, Donald Creamer, Robert Dennis, Eric Lawrence, Donald Govan, Mark Hardy, Oscar Escobar, Henry Hernandez, Sonia Lopez, Billy Jones, Perfecta Dela Rosa, Vince Mclury, Bobby Hranicky, Grace Gonzalez, David Gonzalez, Jesse Lemos, James Simmons, Randall Robinson, Patricia Lemos, Jay Mueller, Louis Maples, Earl Yahn, Danny, Byncton, Robert Chote, David Kitz, Donna cook, Pete Johnson, Garrison Maurer, GT Morton, AJ Franklin, Joe Wilson, Timothy Prasifka, Robert Fleming, Dowant Govan, and Anastasi Automotive.

The late filed comments were in substance identical to those submitted in writing and timely filed.  Therefore, responses to the late filed comments are addressed in the section addressing written comments.

The new rule is adopted under Texas Occupations Code, Chapter 2308, in particular §2308.157, and Texas Occupations Code, Chapter 51.  These chapters authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapter 2308, and Texas Occupations Code, Chapter 51. No other statutes, articles, or codes are affected by the adoption.

§86.250.  License Requirements--Towing Operator Continuing Education.

(a) Terms used in this section have the meanings assigned by Chapter 59 of this title, unless the context indicates otherwise.

(b) To renew a towing operator license, a licensee must complete a total of 4 hours of continuing education through Department-approved courses.  The continuing education hours must include the following:

(1) 1 hour in roadway safety;

(2) 1 hour in Texas law and rules that regulate the conduct of towing operators; and

(3) 2 hours in any topic listed in subsection (g), including subsection (g)(1) and (g)(2).

(c) For a timely renewal, the continuing education hours must have been completed within the term of the current license.  For a late renewal, the continuing education hours must have been completed within the one-year period immediately prior to the date of renewal.

(d) A licensee will not receive continuing education hours for attending the same course more than once.

(e) A licensee will receive continuing education hours for only those courses that are approved by the Department, under procedures prescribed by the Department.

(f) A licensee must retain a copy of the certificate of completion for a course for two years after the date of completion.  In conducting any inspection or investigation of the licensee, the Department may examine the licensee’s records to determine compliance with this subsection.

(g) To be approved by the Department under Chapter 59 of this title, a provider’s course must be dedicated to instruction in one or more of the following topics:

(1) Texas law and rules that regulate the conduct of towing operators;

(2) roadway safety;

(3) driver safety;

(4) towing techniques;

(5) equipment operation and safety; and

(6) customer service and documentation.

(h) A Department-approved course may be offered until the expiration of the course approval or until the provider ceases to hold an active provider registration, whichever occurs first.

(i) A provider shall pay to the Department a continuing education record fee of $5 for each licensee who completes a course for continuing education credit.  A provider’s failure to pay the record fee for courses completed may result in disciplinary action against the provider, up to and including revocation of the provider’s registration under §59.90 of this title.

(j) To renew an incident management towing operator's license the first time, a licensee must complete, in lieu of the requirements stated in subsections (b), (c), and (g),  a professional development course relating to towing that:

(1) consists of at least 8 hours of training, of which:

(A) at least 2 hours are live demonstration and hands-on training;

(B) at least 2 hours  are classroom training; and

(C) any remaining hours are classroom training or live demonstration and hands-on training;

(2) is dedicated to instruction in the following topics:

(A) how light-duty tow trucks work;

(B) towing with a wheel lift;

(C) towing with a tow sling;

(D) using tow dollies;

(E) car carrier operation;

(F) vehicle recovery;

(G) light-duty tow trucks;

(H) field procedures;

(I) vehicle maintenance; and

(J) safety; and

(3)is offered by or through a Department-approved provider, including a community college, college, or university.

(k) This section shall apply to licensees, providers, and courses upon the effective date of this section.

(l) Notwithstanding any other provision of this section or Chapter 59 of this title, a licensee may receive credit under subsection (j) for a course that the licensee completed before the effective date of this section if:

(1) the course satisfies the requirements of subsections (j)(1)and (j)(2) and

(2) the licensee furnishes to the Department a certificate of completion or other evidence satisfactory to the Department of completion of the course.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency’s legal authority.

Filed with the Office of the Secretary of State, on December 23, 2008.

William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation

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