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Editor's note–Former article 4.04 pertaining to wrecker business regulations, was amended by Ordinance CO11.24.21.E7 adopted 11/21/2024. Prior to the amendment this article derived from the following: Ordinance CO21-15-12-17-C3 adopted 12/17/15.
For the purpose of this article, the following terms shall have the meanings respectively ascribed to them in this section. Any term defined by Texas Occupations Code, chapter 2308 or title 16, Texas Administrative Code, chapter 86, as amended, but not otherwise listed within this section shall have the meaning ascribed by state law when used in this article.
Abandoned vehicle.
Shall have the meaning ascribed by section 683.002 of the Texas Transportation Code, as amended.
Consent tow.
Any tow of a motor vehicle in which the tow truck is summoned by the owner or operator of the vehicle or by a person who has possession, custody, or control of the vehicle, as defined by 16 Texas Administrative Code, chapter 86, as amended. The term does not include an incident management tow or a private property tow.
Heavy duty tow.
Any tow of a motor vehicle with a gross weight rating that exceeds 25,000 pounds.
Illegally parked vehicle.
Any motor vehicle alleged to be in violation of article 17.04, of this Code, or in violation of applicable parking regulations of the Texas Transportation Code, as amended.
Incident.
Any unplanned randomly occurring traffic event that adversely affects normal traffic operations, including but not limited to all reasons for an incident management tow, as defined herein.
Incident management tow.
Any tow of a vehicle in which the tow truck is summoned by the Police Department to the scene of a traffic accident or to an incident, including the removal of a vehicle, commercial cargo, and commercial debris from an accident or incident scene, as defined by Texas Occupations Code, section 2308.002, as amended. The term shall also include tows incident to arrest, traffic hazards and illegally parked vehicles, and tows of abandoned vehicles initiated by the Police Department.
Light duty tow.
Any standard tow of a motor vehicle with a gross weight rating of 10,000 pounds or less, as defined by section 2308.0575 of the Texas Occupations Code, as amended.
Medium duty tow.
Any tow of a motor vehicle with a gross weight rating of more than 10,000 pounds, but less than 25,000 pounds, as defined by section 2308.0575 of the Texas Administrative Code, as amended.
Nonconsent tow.
Any tow of a motor vehicle that is not a consent tow, including an incident management tow and a private property tow, as defined by Texas Occupations Code, section 2308.002, as amended.
Permit.
Authorization granted by the Chief of Police under the provisions of this article to engage in towing from the towing rotation lists in the City.
Permit holder.
Any towing company possessing a current, valid permit to engage in towing from the towing rotation lists in the City. A permit holder's primary business office shall be located and maintained within the corporate limits of the City, its extraterritorial jurisdiction, or within 10 air miles of those areas for towing companies permitted for only light duty and medium duty tows, and within 15 air miles for towing companies permitted for heavy duty tows.
Private property tow.
Any tow of a vehicle authorized by a parking facility owner without the consent of the owner or operator of the vehicle, as defined by Texas Occupations Code, section 2308.002, as amended.
Towing company.
An individual, association, corporation, or other legal entity operating one or more tow trucks over a public roadway. The term includes the owner, operator, employee, or agent of a towing company, but does not include a political subdivision of the State.
Towing rotation list.
A list of permit holders prepared in accordance with the provisions of this article, as amended.
Vehicle storage facility.
A vehicle storage facility, as defined by Texas Occupations Code, section 2303.002, as amended, that is operated by a person who holds a license issued under Texas Occupations Code, chapter 2303 to operate the facility.
(Ordinance CO11.24.21.E7 adopted 11/21/2024)
(a) 
This article applies to all tow truck movements within the City, except for those performed by, at the request of, or directed by other law enforcement agencies.
(b) 
Unless exempted by State law, it shall be unlawful for any person to operate a towing company, or to perform tow truck movements for incident management tows or private property tows in the City without a permit issued in accordance with this article.
(c) 
A wrecker company that has a proper certificate of registration or permit from the State is not required to obtain a permit from the City under this article in order to perform only consent or private property tows within, from, or through the limits of the City.
(d) 
All towing companies performing consent and nonconsent tows within the City shall comply with all applicable State laws. A failure to comply with State laws will be a violation of this article.
(Ordinance CO11.24.21.E7 adopted 11/21/2024)
(a) 
The Chief of Police shall establish and cause to be maintained towing rotation lists for light, medium, and heavy duty tows of all validly permitted towing companies, which shall be used for all incident management tows.
(b) 
For all incident management tows, a Police Officer shall request the permit holder next to be called from the appropriate towing rotation list.
(c) 
The towing rotation lists shall be made available for inspection during regular business hours. The lists shall contain a designation of each permit holder qualified to be on the list in order of rotation list number. Each towing rotation list shall be limited to not more than five towing companies. Such number shall be reviewed every two years or at the discretion of the Chief of Police, which such number may be adjusted by resolution of the City Council. As each new permit holder becomes qualified, it shall be placed at the end of the rotation list.
(d) 
Any towing company capable of performing more than one type of tow shall be eligible for placement on each list for which the company qualifies; however, inclusion on any list shall be at the discretion of the Chief of Police.
(e) 
Any towing company desiring to be removed from a towing rotation list shall notify the Chief of Police or their designee, in writing, not later than 48 hours prior to the requested effective date of removal. Approval of a request for voluntary removal from a towing rotation list is at the discretion of the Chief of Police or their designee, in accordance with the operational needs of the Police Department.
(Ordinance CO11.24.21.E7 adopted 11/21/2024)
(a) 
Tow truck driven to scene of incident.
No person shall drive, or cause to be driven, a tow truck to or near the scene of a incident on a public roadway in the City or any roadway subject to the City's jurisdiction unless such person has been called to the scene by the Police Department. In situations where a tow truck driver is a certified emergency medical technician, such driver may stop and render aid as required by law, but such tow truck driver will not be able to tow at such incident except pursuant to the rotation list.
(b) 
Tow truck driver's relationship with Police Officers.
All tow truck drivers arriving at the scene of an incident shall obey all lawful orders given them by any Police Officer investigating such incident and shall not in any manner interfere with such officer in the performance of his duty.
(c) 
Parking of tow truck at scene of incident.
Whenever a tow truck arrives at the scene of an incident, the driver shall park their tow truck as close to the roadway curb as possible and in a manner that does not interfere with traffic. They shall not park their vehicle within a distance of 25 feet from a wrecked or disabled vehicle unless otherwise directed by a Police Officer.
(d) 
Duty of tow truck driver to clear debris.
It shall be the duty of the driver of each tow truck that removes a wrecked, damaged or disabled vehicle from the place where an accident or collision has occurred to clear and remove any and all debris, parts, glass or vehicle fluids as the result of an accident or collision from the roadway to the satisfaction of the officer investigating the accident. In the event two or more tow trucks pick up vehicles for towing, it shall be the duty of each driver to clear and remove debris, parts or glass from the roadway.
(e) 
Issuance and expiration of permits; renewal; fee.
(1) 
The Chief of Police shall issue a permit to engage in towing from the towing rotation lists. A permit shall be evidenced by a windshield sticker.
(2) 
No permit shall be granted to any person who had a financial interest in a towing company whose permit has been suspended within the preceding 12 months. This shall include any stockholders, officers, directors, managers or partners.
(3) 
Each permit holder must present the tow trucks for inspection annually by January 1st at the Police Department.
(4) 
Each company desiring to be on the towing rotation lists shall pay the City an inspection fee as provided for in the fee schedule presented in the appendix of this Code, as amended.
(5) 
A towing company or tow truck failing to pass inspection shall pay a reinspection fee as provided for in the fee schedule presented in the appendix of this Code, as amended, for each additional inspection.
(6) 
No permit shall be granted to any person or company whose name appears on the current delinquent tax rolls of the City.
(7) 
Permits issued to a vehicle are not transferable to another vehicle or towing company.
(f) 
Maintenance of records.
Each permit holder shall make their records available for inspection by the Chief of Police or their designee during regular business hours at the primary business office of the permit holder, which shall be located and maintained within the corporate limits of the City, its extraterritorial jurisdiction, or within 15 air miles of those areas. Original permit holder is responsible for maintaining the records for any contract tow truck at permit holder's place of business.
(g) 
Parking in residential areas.
Except in the following situations, no person shall park or stand a tow truck in the public right-of-way in a residential area within the corporate limits of the City:
(1) 
Where a tow has been requested;
(2) 
Where a tow truck has become inoperable and is waiting for transportation to a repair facility; or
(3) 
Where the Police Department has directed such activity.
(Ordinance CO11.24.21.E7 adopted 11/21/2024)
(a) 
Compliance.
All permit holders shall comply with all applicable requirements of title 16, chapter 86 of the Texas Administrative Code, as amended. No operator shall perform an incident management tow under this article without a valid incident management towing operator license pursuant to 16 Texas Administrative Code, section 86.209, as amended.
(b) 
Call response.
(1) 
All permit holders shall respond to a call anywhere in the corporate limits of the City or roadway subject to the City's jurisdiction by arriving at the scene of the incident within 30 minutes of the requesting officer's call for service for light or medium duty tows, or within 60 minutes of the requesting officer's call for heavy duty tows. If the responding tow truck fails to meet this time requirement, whether in route or not, the call shall immediately be canceled and the next rotation tow truck called.
(2) 
Any permit holder unable or failing to respond, for whatever reason, for five times during any one year or three consecutive times, shall be subject to suspension and/or revocation pursuant to section 4.04.010, as amended.
(3) 
All permit holders shall store all vehicles towed under the provisions of this article at their respective vehicle storage facility unless the owner of the vehicle and permit holder agree to take the vehicle to another location.
(c) 
Service hours.
A permit holder must maintain a 24 hour towing service, seven days a week, and have two telephone numbers, one of which is answered 24 hours a day, seven days a week. The permit holder must be able to immediately advise the Chief of Police or their designee of the availability of a tow truck. The permit holder must have two-way voice communication between the tow trucks and the permit holder's office.
(d) 
Solicitations by permit holders prohibited.
No permit holder, or their employee, shall solicit, in any manner directly or indirectly, on the public roadways of this City, business involving any vehicle that has been involved in an incident on a public roadway. This prohibition applies regardless of whether the solicitation is for the purpose of soliciting the business of towing, removing, repairing, wrecking, storing, trading, selling, or purchasing such vehicle. Proof of the operation of a tow truck by any person engaged in a towing business by or near the scene or site of a wreck or collision on a public roadway in the City without having first complied with the provisions of section 4.04.004(a) of this article, as amended, shall be prima facie evidence of a solicitation in violation of this section.
(Ordinance CO11.24.21.E7 adopted 11/21/2024)
(a) 
General.
(1) 
All permit holders shall maintain tow trucks meeting the requirements of this article and title 16, chapter 86 of the Texas Administrative Code, as amended.
(2) 
All tow trucks shall maintain a valid incident management towing permit pursuant to title 16, chapter 86 Texas Administrative Code, as amended, and be in such condition that they can safely and readily be used as a tow truck for incident management tows.
(b) 
Tow truck lifting capacity.
Each tow truck shall be equipped with a power operated winch with a lifting capacity of not less than 8,000 pounds single line capacity, as reflected by a manufacturer's certificate.
(c) 
Standard equipment.
(1) 
Each tow truck shall carry as standard equipment: Two safety chains appropriate for load securement, one 2.5 pound A.B.C. fire extinguisher, wrecker bar, a container for debris, absorbent, broom and shovel.
(2) 
Each tow truck with a rated capacity of three tons or greater shall be equipped with booster brakes.
(3) 
Each tow truck must be equipped with dual rear tires.
(4) 
Upon request of a Police Officer or vehicle owner, the permit holder must make available a tow truck with a specially designed wheel lift attachment. This need not be a requirement for every tow truck unit, but each permit holder must own at least one tow truck so equipped.
(d) 
Carrying capacity.
Each tow truck's carrying capacity shall not be less than one ton as reflected on the manufacturer's certificate for the vehicle.
(e) 
Tow truck signage.
Each tow truck shall display signage complying with all requirements of 16 Texas Administrative Code, section 86.701, as amended.
(Ordinance CO11.24.21.E7 adopted 11/21/2024)
All vehicle storage facilities used to store vehicles towed from incident management tows or private property tows pursuant to this article shall be located within the corporate limits of the City, its extraterritorial jurisdiction, or within 10 air miles of those areas for towing companies permitted for only light or medium duty tows or within 15 air miles for towing companies permitted for heavy duty tows. All vehicles towed by any tow company contractor in accordance with section 4.04.009 must be towed to original permit holder's vehicle storage facility, unless otherwise authorized by an officer. All vehicle storage facilities must be licensed by the State and must comply with all applicable requirements of title 16, chapter 85 of the Texas Administrative Code, as amended. Vehicle storage facility rates shall be in accordance with state law and not exceed Texas Department of Licensing and Regulation maximums.
(Ordinance CO11.24.21.E7 adopted 11/21/2024)
(a) 
The fee charged by a permit holder for tows, tow-related services and equipment, and storage of vehicles towed pursuant to this article shall not exceed the lower of the maximum allowable fee set forth in the fee schedule presented in the appendix of this Code, as amended, or the maximum allowable fee provided by State law, as amended.
(b) 
Towing fee study.
Pursuant to Texas Occupation Code, section 2308.203, as amended, a towing company subject to this article may request a towing fee study be performed by submitting a written request to the Chief of Police and paying the applicable fee set forth in the fee schedule presented in the appendix of this Code, as amended. No towing company shall be authorized to request a towing fee study within 24 months of the completion of a prior towing fee study performed pursuant to this section.
(Ordinance CO11.24.21.E7 adopted 11/21/2024)
A permit holder may contract with another permit holder for the use of permitted tow trucks to provide services pursuant to this article; however, no permit holder shall contract with more than one other permit holder for such use of tow trucks, and all contracted tow trucks shall be permitted pursuant to this article. The permit holder is responsible for any violations of this article by their contractor.
(Ordinance CO11.24.21.E7 adopted 11/21/2024)
(a) 
The Chief of Police, or their designee(s), shall enforce the terms and provisions of this article. All references to "Chief of Police" or "Police Chief" herein this article shall include the Chief of Police and their designee(s), if any.
(b) 
The Chief of Police may promulgate procedures to carry out and enforce the provisions of this article.
(c) 
Any person aggrieved by a permit holder, towing company, or operator subject to this article may file a written complaint with the Chief of Police. The Chief of Police shall provide written notice of the complaint to the permit holder, towing company, or operator, and within a reasonable time thereafter the Chief of Police shall conduct a hearing regarding the complaint.
(d) 
If after such hearing the Chief of Police determines that there has been a violation of any of the terms of this article or, this Code, the Chief of Police may suspend or revoke the permit of such permit holder as set forth below. If the Chief of Police determines that the permit holder or operator has failed to comply with any applicable requirement of title 16, chapter 86 of the Texas Administrative Code, as amended, then the Chief of Police may immediately revoke the permit. Within 15 days of the hearing, the Police Chief shall forward written notice of their findings and determination to the permit holder or operator.
(e) 
The permit holder, in cases of revocation, shall have the right to appeal to the City Council. The request for appeal must be made, in writing, to the City Secretary within 10 days of the date of the Police Chief's written determination. Upon receiving such request for appeal, the City Council, as soon as practicable thereafter, shall notify the appellant as to whether or not such an appeal will be heard and if the Council approves such an appeal, it then may hear such and shall either sustain or reverse the revocation of the Chief of Police.
(f) 
If no appeal is taken from the Police Chief's action within 10 days of notification, as set out herein, then the Police Chief's decision shall be final.
(g) 
The period of administrative action shall be as follows:
(1) 
For the first violation, suspension of not more than 30 days;
(2) 
For the second violation within a 12 month period from the date of the first violation, a suspension of not more than 90 days; and
(3) 
For the third or subsequent violation within a 12 month period from the date of the first violation, such period of suspension as the Chief of Police may determine, up to and including permanent revocation.
Each violation discovered during the course of inspection of tow trucks or permit holder records in accordance with section 4.04.004, herein, shall be treated as a separate violation.
(h) 
The administrative penalty set forth in this section shall be independent of and may be in addition to any other penalties assessed pursuant to any violation of this Code or State law. The determination of whether the violation is significant shall be within the sole discretion of the Police Chief.
(Ordinance CO11.24.21.E7 adopted 11/21/2024)