(a) To be eligible for an emergency tow company license, an applicant must:
  (1) submit a completed application on a department-approved form;
  (2) provide the name and address of each partner if the applicant is a partnership;
  (3) provide the name and address of each corporate officer, including the president, secretary, and treasurer, if the applicant is a corporation;
  (4) provide the name and address of each owner of the towing company and the percentage of ownership interest each holds in the company;
  (5) provide the name and address of the operator or manager of the towing company if it is not operated or managed by one of the owners;
  (6) provide the towing company's physical address, mailing address, and telephone number; and
  (7) pay the tow company license fee required under §86.800.
(b) The controlling persons listed in subsection (a) must successfully pass a criminal background check.
(c) An emergency tow company must prepare and maintain a record of each tow. The record must contain the date a vehicle was towed, the vehicle identification number, license plate number, year, color and the make and model of the towed vehicle along with the towed vehicle's point of origin and destination.
(d) An emergency consent towing company whose principal business address is located outside the state of Texas, may maintain tow records at an out-of-state facility if the towing company reimburses the department for necessary travel expenses and per diem for any inspections or investigations conducted under these rules.
(e) All books and records generated by an emergency consent tow company must be maintained for not less than two years and shall be provided to the department upon request.

Source Note: The provisions of this §86.228 adopted to be effective March 15, 2016, 41 TexReg 1683