SECTION 86.700. Responsibilities of Tow Truck Permit Holder and Tow Truck Operator--Storage of Towed Vehicles

(a) A towing company or tow truck operator that performs an incident management or nonconsent tow may only tow the vehicle to one of the following locations:

(1) a vehicle storage facility operated by a person who holds a vehicle storage facility license issued by the department; or

(2) a location other than a vehicle storage facility licensed by the department that is specifically requested and authorized by the vehicle owner or operator and to which a towing company or tow truck operator agrees to take the vehicle.

(b) Neither a towing company nor a tow truck operator may recommend or solicit authorization for a vehicle involved in an incident management or nonconsent tow to be towed or moved to any location other than a vehicle storage facility licensed by the department.

(c) In the event the vehicle is taken to a location other than a licensed vehicle storage facility, the authorization for the tow ticket must not include authorization for repairs or any other services other than those necessary to perform the tow.

(d) A towing company or tow truck operator may decline to take a vehicle to a location specifically requested and authorized by the vehicle owner or operator. However, if the towing company or tow operator declines, they may not take the vehicle to any location other than a licensed vehicle storage facility as set forth in subsection (a)(1) of this section.

Source Note: The provisions of this §86.700 adopted to be effective April 15, 2008, 33 TexReg 2940; amended to be effective January 16, 2012, 37 TexReg 116; amended to be effective June 1, 2021, 46 TexReg 3383