08-30-11 Wrecker Committee Meeting and Public Hearing

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Towing Administrative Rules Page 15 of 16 (3) Operator License (A) Original Application--$100 (B) Renewal--$100 (C) Duplicate License- -$25 (D) Operator License Amendment--$25 (E) Training License--$25 (4) Dual Vehicle Storage Facility License and Tow Operator (A) Original Application -$150 (B) Expedited Dual License--$75 (0) Renewal--$150 (b) Risk-based inspectfons-5150 (c) Late renewal fees for licenses and permits issued under this chapter are provided tinder §60.83 of this title (relating to Late Renewal Fees) (d) All fees are nonrefundable except as provided for by commission rules or statute. 86. Sanctions and Administrative Penalties. fNew section adopted effective April 15, 2006, 33 TexReg 2940) 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 Linder Texas Occupations Code, Chapters 51 and 2308 and applicable agency rules. 86. Cease and Desist Order. (New section adopted effective April 15, 2008, 33 TexReg 2940) 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. BUN. Requirement to Reimburse. (New section adopted effective May 3, 2010, 35 TexReg 3486) 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 remit fee schedule submitted to the department may be ordered to reimburse the vehicle owner or operator of the over charges and unauthorized charges. 86.903. Enforcement of Unpaid Judgments, (New section adopted effective May 3, 2010, 35 TexReg 3486) (a) The department shall suspend a license holders license on the license holder's failure to pay a final judgment awarded to an owner or operator of a vehicle before the 601h day after the date of the final judgMCntr The department must provide notice of the suspension to the license holder at least 30 days before the date the license is to be suspended (b) The owner or operator of the vehicle shall submit a certified copy of the final judgment to the department. (c) On receipt of the certified copy of the unpaid final judgment, the department shall disqualify a person from renewing a license or permit or deny the person the opportunity of taking a licensing examination on the grounds that the person, towing company, or vehicle storage facility has not paid a final judgment awarded to an owner or operator of a vehicle. (d) The department shall reinstate the license on submission of evidence satisfactory to the department of payment of the final judgment by the person, towing company, or vehicle storage facility. 86.1000. Technical Requirements- =Tow Truck Safety Equipment and Truck Operations, (New section adopted effective April 15, 2008, 33 TexReg 2940; amended effective May 8, 2010, 35 TexReg 3466) (a) Except as provided in subsection (b), each tow truck must carry proper safety equipment. Proper equipment includes, but is not limited to, the following: (1) At least one 10 pound or two 5 pound multiple purpose fire extinguisher, in good working condition; (2) Magnetic tow lights, unless wireless, with appropriate cable and cushions to protect a vehicle's Finish; (3) Tow dollies as appropriate; (4) Straps and tie downs as specified by the low truck manufacturer; (5) Gloves; (6) Wheel chocks; (7) Five gallon trash receptacle; (8) Broom and shovel; (9) Thirty-six inch crow bar; anti (10) Triangle reflectors, Fares, cones, safety lights or other appropriate safety signals. (b) Tow trucks permitted under §86.263 are exempt from the requirements of subsections (9)(3), (a)(7), and (a)(9). (c) Each tow truck shall: (1) have a legible manufacturer's data plate indicating the capacity of the boom, the winch and the carry mechanism; or (2) have a document in the truck from the manufacturer stating the capacity of the boon), the winch and the carry mechanism (d) Every hydraulic line on each tqw truck Must be free of leaks and be in good working condition free of defects. htip://�vww.license,state.tx.us/towing/towrules.litiii 6/21/2011