April 26, 1990
Mr. Larry E. Kosta Opinion No. JM-1168
Acting Executive Director
Texas Department of Re: Extent of coverage of
Licensing and Regulation article 6687-9b, V.T.C.S.,
P. 0. Box 12157 which regulates the opera-
Austin, Texas 78711 tion of tow trucks (RQ-1883)
Dear Mr. Kosta:
You ask about the scope of a statute that requires tow
trucks to be registered. V.T.C.S. art. 6687-933. Specifi-
cally, you ask whether certain types of vehicles are exempt
from the registration requirement.
Article 6687-9b defines "tow truck" as "a motor vehicle
or mechanical device adapted or used to tow, winch, or
rc- otherwise move disabled motor vehicles." Id. 5 l(4). As
amended by the 71st Legislature, section 2(a) contains a
broad prohibition on the operation of unregistered tow
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
added.)
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 6687-933.
The 1989 amendment deleted the words "for compensation" from
1: Section 5 of the act actually sets out no exemp-
tions from registration. Rather, it provides that any
municipal registration shall be in addition to registration
under article 6687-9b.
p. 6166
Mr. Larry E. Kosta - Page 2 (JM-1168)
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
scope of the registration requirement. 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
department." Bill Analysis, C.S.H.B. 863, 71st beg. (1989).
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. Rather, 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
added.)
A Vow truckowner" iS "a person in aaaed In the business of
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
persons engaged in the business of using tow trucks for
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 6687-913.
The 1989 bill that deleted the words nfor compensation" from
p. 6167
Mr. Larry E. Kosta - Page 3 (JM-1168)
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
Class C misdemeanor. (Emphasis added.)
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 8
of article 6687-913, we conclude that the 1989 amendment did
not broaden the scope of the registration requirement for
tow trucks under article 6687-913.
SUMMARY
A 1989 amendment to article 6687-9b,
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
Untitled Texas Attorney General Opinion
Combined Opinion