08-30-11 Wrecker Committee Meeting and Public Hearing

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Towing Administrative Rules Page 6 of 16 C4 hold avalla driver's license issued mvv state m the United States (3) successfully pass a criminal background check; and (4) pay the fee required under §86.800. (mA towing operato training license is valid for w days from the date missuance. 86.21C Licensing nenewm/-Jowi^ operators.fNeiv section adopted effective May 3, 2010, 35exReg 3486) depa rtment will send written notice to licensees at least 30 days before the license expires. The notice will be sent to the licensee's last known address according mmo=coruuu/m°uepartmem (mx licensee may renew o license tinder this chapter by: (/) submitting u completed application una department-approved fo'm; (c) pay the fee required Linder §os,ocm; (o) meet the applicable continuing education mnu/mmmo/* (*) successfully pass a criminal background check and <m/ the applicant for renewal has within the preceding 12-momo period tested positive for drugs u' alcohol under 8aa.rm.the applicant must submit o negative drug or alcohol test m the department. (c) To renew and maintain continuous ficensure, the renewal requirements Linder this section must be completed prior to the expiration of the license. A late renevml, means the licensee will have an unlicensed period from the expiration date of the expired license to the issuance date of the renewed license, During the unlicensed period, a tow truck operator may not operate a tow truck on the public roadways of this state. (d) Non-receipt ma license renewal notice from the department does not exempt a person from any requirements w this chapter. 86.215. Licensing Requirenients-Jowing Company License Required (New section adopted effective Ma 3, 2010, 35 TexReg 3486) (a) A person shall not operate a towing company without a towing company license issued uv the department. @Arnm, eligible for o towing company license, a^ applicant m"oL (/) submit m completed applicati noa department-approved mrrn� (x) pay the fee required under 5ae.aou; (n) successfully pass acriminal background check; (4) provide the name, and address o/ each partner n the ap |"ppum^aymv; (5) provide the name, and address or each corporate officer, including the president, secretary, and treasurer, n the applicant /^w corporation; x0 provide the name, and address ^r each owner of the towing company and the percen m ownership mteemeacxhnmomme p,pn*nv; (7) provide the name, and address or the operator w manager o,the towing company oxis not operated w managed uv one mthe owners; (8) provide the towing company's physical address, mailing address, and telephone number; and (9) adopt the drug and alcohol testing policy provided in this chapter or file a drug and alcohol testing policy for approval under this chapter. 86.2 1 G. Towing Company 1.1conse-Approval and issuance. (Neve section adopted effective May 3, 2010, 35 TexReg 3466) (a) Upon receipt mmo application for ° towing company mev»e.tov*wp`mme^tvmrev|ewmmurn/mmoonmvoxfymenvam^*uw000fm*an`xwant (b) If an applicant is qualified under this chapter, the department wil issue a towing company license to the applicant. (c) If an applicant is determined to be not qualified kinder this chapter, the department will a the applicant in writing of the reasons the applicant o* not qualified ^, the a"fidwnmeo/m the application. (d) The department may deny w towing company license ap w°vo%ao license o the applicant, a partner, principal, officer, ^'general manager of the applicant, or other license or permit holder has: (1) a criminal conviction, or ties pleaded guilty or note contendere to an offense, before the date of the application for. Ma felony; m (B)a misdeme punishable bv con m jail muxa fine m^^vm^vnt that exceeds vmo u4 violated a. orde m the commission or executive director, including "^ orde for sanctions m administrative penaltie (3) failed m subm * licens or permit bondman amount established by the commission; fq knowingly submitted false ^' incomplete information mn the ap (5) filed an apiatication to portnit a tow truck previously permitted by a license or permit holder, (6) had e license revoked under this chapter; (r) failed m fife a completed onpxmmu^�^' (8) provides false, misleading, moocpptw^ information m the application. (e) Tire department will issue acertificate containm^single unique license number for each towing company. http://www.license.state.tx.us/towiiig/towrules.htm 6/21/2011