SECTION 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 subsection (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.

(m) Notwithstanding any other provision of this section or Chapter 59 of this title, a licensee may receive credit under subsection (b) for a course if:

(1) the course is a department-approved Strategic Highway Research Program 2 (SHRP2) course; and

(2) the course is taught by a department-approved provider.

Source Note: The provisions of this §86.250 adopted to be effective January 12, 2009, 34 TexReg 200; amended to be effective September 30, 2014, 39 TexReg 7294