1. (a) To be eligible for a VSF employee license, an applicant must:

   1. (1) submit a completed application on a department-approved form;
   2. (2) pay the fee required under §85.800;
   3. (3) successfully pass a criminal background check; and
   4. (4) if the applicant for renewal has within the preceding 12-month period tested positive for drugs under §85.725, the applicant must submit a negative drug test to the department.

2. (b) A person may not work at a VSF unless the individual holds:

   1. (1) a license issued under this chapter;
   2. (2) an incident management towing operator's license under Section 2308.153;
   3. (3) a private property towing operator's license under Section 2308.154; or
   4. (4) a consent towing operator's license under Section 2308.155.
3. (c) A VSF may not employ a person to work at the VSF unless the person holds a license issued under this chapter or under Chapter 86.
4. (d) For purposes of this chapter, persons operating or managing a VSF as a sole proprietor or other unincorporated business organization are employees of the VSF and required to obtain a VSF employee license or otherwise be licensed under this chapter or under Chapter 86.

Source Note:The provisions of this §85.204 adopted to be effective April 15, 2008, 33 TexReg 2931; amended to be effective May 3, 2010, 35 TexReg 3482; amended to be effective January 15, 2018, 43 TexReg 84.