Case Information
*1 April 26, 1990
Mr. Larry E. Kosta Opinion No. JM-1168 Acting Executive Director Re: Extent of coverage Texas Department of V.T.C.S.,
Licensing and Regulation article which regulates the opera- P. 0. Box 12157 tion of tow trucks (RQ-1883) Austin, Texas Dear Mr. Kosta:
You ask about the scope of a statute that requires tow Specifi- trucks to be registered. V.T.C.S. art. 6687-933. cally, you ask whether certain types of vehicles are exempt from the registration requirement.
Article 6687-9b defines "tow truck" as "a motor vehicle device adapted or used to tow, winch, or or mechanical rc- otherwise move disabled motor vehicles." Id. 5 l(4). As amended by the 71st Legislature, section 2(a) contains a on the operation of unregistered tow broad prohibition trucks:
Except as provided by Section 51 of this Act, a person may not operate a tow truck in this state unless the tow truck is registered with the [Department of Licensing and Regu- lation] as provided by this Act. (Footnote Acts 1989, 71st Leg., ch. 1039, 5 2.52, at 4206. Before the 1989 amendment, section 2(a) provided that a person could not operate a tow truck in Texas "for compensation" unless the truck was registered as provided by article The 1989 amendment deleted the words "for compensation"
1: Section 5 of the act actually sets out no exemp- tions from registration. it provides that any municipal registration shall be in addition to registration under article 6687-9b.
p. 6166 *2 section 2(a). Consequently, you ask whether registration is now required for all tow tNCkS operated in Texas, without exception, or whether certain categories of tow trucks -may be exempted by rule from the registration requirement.
The legislative history of the 1989 amendment shows that the legislature did intend to broaden significantly the requirement. scope of the registration An analysis in the bill file states that the amendment "brings all tow trucks under the law by removing the phrase 'for compensation' as the criteria for a tow truck to be registered with the Bill Analysis, C.S.H.B. 863, 71st beg. (1989). department." We conclude, however, that deleting the words "for compensation" from section 2(a) of article 6687-9b was by itself insufficient to make "all tow tNCkS" subject to a registration requirement.
Section 2(a) does not itself impose a registration requirement. it states that a person may not operate a tow truck in Texas unless the tow truck is registered "as provided by this Act.” The only part of the act that may be read to provide for registration is section 2(b), which states:
The commissioner shall issue a certificate of registration to a tow truck owner whose vehicle meets the registration requirements prescribed by rule of the commissioner and who pays the registration fee. (Emphasis A Vow truck owner" iS "a person in aaaed In the business using a tow truck to tow, winch, or otherwise move a motor vehicle." V.T.C.S. art. 6687-9b, S l(5) (emphasis added). In other words, the authority of the commission to issue registration certificates extends only to persons engaged in the business of using a tow truck. It may not be clear in every case whether a particular person is engaged in the business of using tow trucks for the purposes set out in the act, but undoubtedly the class of tow trucks owned by in the business of using tow trucks persons engaged those purposes is smaller than the class of all tow trucks.
Perhaps more significant in determining the scope of the registration requirement for tow trucks is section 8 of article 6687-933, which sets out the penalty for failure to, register a tow'truck in accordance with article The 1989 bill that deleted the words nfor compensation"
p. *3 section 2(a) did not delete those words from section 8, which provides:
commits an offense if the ~d'~o~~e~~~~r~i~~~at~~~~
registration issued under this Act.
(b) An offense under this section is a (Emphasis added.) Class C misdemeanor.
In other words, the act does not make it an offense to operate an unregistered tow truck. It makes it an offense to operate an unregistered tow truck for compensation.
In light of the language in section 2(b) and section of article 6687-913, we conclude that the 1989 amendment did not broaden the scope of the registration requirement tow trucks under article 6687-913.
SUMMARY A 1989 amendment to article which deals with registration of tow trucks, did not broaden the scope of the registration requirement under that article.
JIM MATTOX Attorney General of Texas MARY KELLER First Assistant Attorney General
JUDGE ZOLLIE STEAKLEY
Special Assistant Attorney General
RENEA HICKS
Special Assistant Attorney General
RICK GILPIN
Chairman, Opinion Committee
Prepared by Sarah Woelk
Assistant Attorney General
P. 6168