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MONTGOMERY COUNTY COMMISSIONERS TO CONSIDER NEW TOWING POLICY PUT TO THEM BY THE SHERIFF’S OFFICE

COMMISSIONERS COURT TUESDAY, NOVEMBER, 19, 2019

MONTGOMERY COUNTY, TEXAS
ORDINANCE REGULATING INCIDENT MANAGEMENT TOWING ROTATION AND
STORAGE SERVICES

RESOLUTION AND ORDER

Page 1 of 26
MONTGOMERY COUNTY, TEXAS
ORDINANCE REGULATING INCIDENT MANAGEMENT TOWING ROTATION AND
STORAGE SERVICES
RESOLUTION AND ORDER
WHEREAS, Section 2308.208 of the Texas Occupations Code generally allows counties, acting
by and through their commissioners courts, to adopt an ordinance that is identical to Chapter 2308 of the
Texas Occupations Code, or that imposes additional requirements that exceed the minimum standards of
said Chapter, but may not adopt an ordinance conflicting with said Chapter; and
WHEREAS, Montgomery County, Texas (“County”) is authorized, under Section 2308.208 of
the Texas Occupations Code, to regulate unauthorized vehicles and towing of motor vehicles; and
WHEREAS, County has a population of more than 450,000, as determined by the most recent
United States Census, and is authorized, under Section 2308.209 of the Texas Occupations Code, to
regulate nonconsent towing through an incident management rotation list; and
WHEREAS, the current method of nonconsent towing has resulted in numerous tow trucks
simultaneously responding to and congregating on incident scenes which can cause an unsafe incident
scene; and
WHEREAS, the safety of the public is threatened when there are multiple vehicles on an incident
scene and safe driving practices are not followed; and
WHEREAS, there are no current restrictions within County, limiting the geographical location
for storage of vehicles towed, resulting in vehicles being stored outside Montgomery County where it is
overly burdensome for the owner of the vehicle to retrieve their vehicle; and
WHEREAS, implementation of an Incident Management Towing Rotation System and
associated rules would improve mobility at or near incident scenes by removing the numerous tow trucks
not being utilized; and
WHEREAS, only one specified tow truck may be required to tow a vehicle from an incident
scene, pursuant to said Incident Management Towing Rotation System and associated rules, thereby
improving public safety; and
WHEREAS, County desires to restrict the storage of vehicles, removed as nonconsent tows, to
the geographical boundaries of Montgomery County, in order to provide ease and convenience to the
citizens of Montgomery County; and
WHEREAS, implementation of these rules is necessary in order to protect the public, to protect
the rights of persons whose vehicles may be towed, to maintain safe and efficient operations, and to
preserve the peace of the community; and
WHEREAS, County desires that this Ordinance, effective the 1
st day of January 2020, repeal and
replace the “Montgomery County, Texas Rules and Regulations for Non-Consent Towing and Storage
Services”, in its entirety as previously adopted.
NOW THEREFORE, Montgomery County, Texas (“County”), pursuant to Chapter 2308 of the
Texas Occupations Code, hereby establishes the Ordinance Regulating Incident Management Towing
Rotation And Storage Services (“Ordinance”) applicable primarily to individuals and business enterprises
engaged in nonconsent towing services and/or storage of vehicles from incident scenes in the
unincorporated areas of Montgomery County, when such services are initiated by Peace Officers, in the
performance of their official duties.
The Montgomery County Commissioners Court (“Commissioners Court”) hereby delegates to the
Sheriff of Montgomery County or his/her designee (“Sheriff”) the authority to administer and enforce the
registration and operation requirements promulgated by this Ordinance through the Montgomery County
Sheriff’s Office (“Office”).
Accordingly, except as otherwise indicated under this Ordinance, no person shall operate a
vehicle storage facility and/or tow truck, in the performance of nonconsent towing and storage services, in
the unincorporated areas of Montgomery County, unless said facility and/or tow truck have been properly
registered with, and permitted by, the Texas Department of Licensing and Regulation (“TDLR”) and the
Office, pursuant to this Ordinance. This Ordinance does not apply to consent tows or where government
owned and operated tow trucks and/or vehicle storage facilities are employed for removal and storage of
motor vehicles.

On this the ____ day of ______________, 2019, at a Regular Session meeting of the
Commissioners Court, there came on for consideration and approval a motion to repeal the Montgomery
County, Texas Rules and Regulations for Non-Consent Towing and Storage Services, and approve the
Montgomery County, Texas Ordinance Regulating Incident Management Towing Rotation and Storage
Services, to be effective the 1
st day of January 2020.
Motion was made by Commissioner ________________ and seconded by Commissioner
___________________ to hereby repeal the Montgomery County, Texas Rules and Regulations for NonConsent Towing and Storage Services, and approve the Montgomery County, Texas

 

Ordinance
Regulating Incident Management Towing Rotation and Storage Services, to be effective the 1
st day of
January 2020.
Said Motion being put to a vote, it carried by a vote of ____ “aye” votes to _____ “nay” votes as
follows:
Yes No Abstain Absent
Judge Mark J. Keough □ □ □ □
Comm. Mike Meador □ □ □ □
Comm. Charlie Riley □ □ □ □
Comm. James Noack □ □ □ □
Comm. James Metts □ □ □ □

THEREFORE, IT IS HEREBY RESOLVED, APPROVED AND ORDERED that this
Commissioners Court repeals the Montgomery County, Texas Rules and Regulations for Non-Consent
Towing and Storage Services, and approves the Ordinance Regulating Incident Management Towing
Rotation and Storage Services as attached to this Resolution and Order and presented to Commissioners
Court, effective the 1
st day of January 2020.
PASSED AND APPROVED this _______ day of _________, 2019
MONTGOMERY COUNTY, TEXAS
MARK J. KEOUGH, COUNTY JUDGE
MIKE MEADOR, COMMISSIONER PCT. 1
CHARLIE RILEY, COMMISSIONER PCT. 2
JAMES NOACK, COMMISSIONER PCT. 3
JAMES METTS, COMMISSIONER PCT. 4

Attest:
___________________________
MARK TURNBULL, COUNTY CLERK
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MONTGOMERY COUNTY, TEXAS
ORDINANCE REGULATING INCIDENT MANAGEMENT TOWING ROTATION
AND STORAGE SERVICES
TABLE OF CONTENTS
Section Title Page Number
I. Title And Jurisdiction 5
II. Definitions 5
III. Vehicle Storage Facilities, Non-Consent Tow
and Notification/Reporting Requirements 8
IV. Application for Participation on the Montgomery County
Incident Management Towing Rotation System and/or
Performing a Non-Consent Tow 10
V. Towing Company Requirements 11
VI. Insurance 13
VII. Tow Truck Operators and Assistants 14
VIII. Required Identification Markings and Inspections 16
IX. Fees, Records Retention, and Compliance with Chapters 85 and 86,
Title 16, Texas Administrative Code, as well as Chapters 2308
and 2303 of Texas Occupations Code 17
X. Operation of the Montgomery County Incident Management Towing
Rotation System and Certain Violations, Including “Pass” Violations 18
XI. Adverse Administrative Action- Permit Denial, Suspension,
Non-Renewal, and/or Revocation for Violations Other Than
“Pass” Violations 21
XII. Hearing Process for Adverse Administrative Action 22
XIII. Additional Requirements 24
XIV. Affirmative Defenses 24
XV. Criminal Offense(s) 25
XVI. Severability and Scope 25
Exhibit(s) [listed]-Appendix “A” 25
Page 5 of 26
MONTGOMERY COUNTY, TEXAS
ORDINANCE REGULATING INCIDENT MANAGEMENT
TOWING ROTATION AND STORAGE SERVICES
(Effective the 1
st day of January, 2020)

I. Title and Jurisdiction
This Ordinance, including all appendices and exhibits attached thereto, may be cited as the
Montgomery County, Texas Ordinance Regulating Incident Management Towing Rotation and
Storage Services (“Ordinance”). This Ordinance applies to Non-Consent Tows (as defined herein) of
motor vehicles in the unincorporated areas of Montgomery County as provided hereunder, unless a
government owned Tow Truck(s) or Vehicle Storage Facility(ies) (as defined herein) is/are
employed for the removal or storage of said motor vehicles. This Ordinance is enacted pursuant to
Chapter 2308, Texas Occupations Code and while its provisions primarily govern Non-Consent
Tows that are Incident Management Tows, certain relevant provisions herein are applicable to
Private Property Tows (as defined herein). This Ordinance does not apply to a Consent Tow, as
defined under Chapter 2308, Texas Occupations Code, and this Ordinance.

 

II. Definitions
a. For the purposes of this Ordinance, the definitions stated below shall control, to the extent that said
definitions do not conflict with applicable statutory provisions as outlined in Sections 2303.002 and
2308.002 of the Texas Occupations Code, as well as 16 Tex. Admin. Code § 85.10 and 16 Tex.
Admin. Code § 86.10, as applicable. The following definitions apply under this Ordinance, and any
words or terms used in this Ordinance, not otherwise defined herein, shall have the same meaning as
the definitions contained within the aforementioned statutory provisions:
(1) “Application” (also referred to as “Permit Application”) means the written document form
approved by the Office to request a new, renewal or replacement Tow Truck Permit, Tow Card
and/or Vehicle Storage Facility Permit, as defined below, including all required supportive
documents and applicable fees;
(2) “Consent Tow” means 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. The term does not include an Incident Management Tow or a Private Property Tow;
(3) “Division” means a geographical segment of Montgomery County covering a selection of Tow
Zones, as designated by the Office;
(4) “Heavy Duty Tow Truck” means a Tow Truck having a gross vehicle weight rating
(“GVWR”) that exceeds twenty-five thousand (25,000) pounds, as rated by the truck
manufacturer. Except where a distinction is specifically made, the term “Tow Truck” used
herein includes “Heavy Duty Tow Truck”;
(5) “Incident Management Tow(ing)” means any tow of a vehicle in which the tow truck is
summoned 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;
(6) “Incident Scene” means a location within the unincorporated areas of Montgomery County,
Texas, where the Montgomery County Incident Management Towing Rotation System is, or
may be, utilized for Non-Consent Towing following an incident, as defined under 16 Tex.
Admin. Code § 86.10(10) [an unplanned randomly occurring traffic event that adversely affects
normal traffic operations];
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(7) “Light Duty Tow Truck” means a Tow Truck having a GVWR of ten thousand (10,000) pounds
or less, as rated by the truck manufacturer. Except where a distinction is specifically made, the
term “Tow Truck” used herein includes “Light Duty Tow Truck”;
(8) “Medium Duty Tow Truck” means a Tow Truck having a GVWR of more than ten thousand
(10,000) pounds but less than twenty-five thousand (25,000) pounds, as rated by the truck
manufacturer. Except where a distinction is specifically made, the term “Tow Truck” used
herein includes “Medium Duty Tow Truck”;
(9) “Montgomery County Incident Management Towing Rotation System”, also referred to as
“Incident Management Towing Rotation System”, means a rotation system utilized by
Montgomery County, Texas to select and designate a Towing Company for the purposes of a
Non-Consent Tow;
(10) “Non-Consent Tow(ing)” means any tow of a motor vehicle that is not a Consent Tow,
including:
(A) an Incident Management Tow; and
(B) a Private Property Tow;
(11) “Office” means the Montgomery County Sheriff’s Office (also referred to as “MCSO”);
(12) “Parking Facility” means public or private property used, wholly or partly, for restricted or paid
vehicle parking, as defined under Section 2308.002(7) of the Texas Occupations Code;
(13) “Pass” refers to a type of violation of this Ordinance by a Towing Company, as identified,
under Section X, subsections e., f. and h., of this Ordinance [a “Free Pass”, as described under
Section X, subsection l., is not deemed a violation under this Ordinance];
(14) “Peace Officer” means a person who is a peace officer under Article 2.12, Texas Code of
Criminal Procedure;
(15) “Permit” means the applicable, new, renewal or replacement, Tow Truck Permit(s)/Tow Zone
Sticker(s), Vehicle Storage Facility Permit(s) and/or Tow Card(s) issued by the Montgomery
County Sheriff’s Office to an approved Towing Company, Vehicle Storage Facility and/or their
individual owners, operators and Tow Assistants for operation under the Montgomery County
Incident Management Towing Rotation System. “Permitted” refers to those entities and
individuals whose applications for Permit(s) have been approved;
(16) “Permit Applicant” means a person or entity that applies for a Montgomery County Tow Truck
Permit, Tow Card, and/or Vehicle Storage Facility Permit and files a Permit Application for a
new, renewal or replacement Permit;
(17) “Private Property Tow(ing)” means any tow of a vehicle authorized by a Parking Facility owner
without the consent of the owner or operator of the vehicle;
(18) “Sheriff” means the Sheriff of Montgomery County, Texas or his/her designee;
(19) “Tow Assistant” means an individual, who occupies a Permitted Tow Truck on an Incident
Scene. A Tow Assistant may provide assistance to the operator on an Incident Scene;
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(20) “Tow Card” means the identification card issued by the Montgomery County Sheriff’s Office to
an approved Tow Truck operator and/or Tow Assistant;
(21) “Tow Truck” means a motor vehicle, including a wrecker, equipped with a mechanical device
used to tow, winch, or otherwise move another motor vehicle. The term does not include:
(A) a motor vehicle owned and operated by a governmental entity, including a public school
district;
(B) a motor vehicle towing:
(i) a race car;
(ii) a motor vehicle for exhibition; or
(iii) an antique motor vehicle;
(C) a recreational vehicle towing another vehicle;
(D) a motor vehicle used in combination with a tow bar, tow dolly, or other mechanical device
if the vehicle is not operated in the furtherance of a commercial enterprise;
(E) a motor vehicle that is controlled or operated by a farmer or rancher and used for towing a
farm vehicle;
(F) a motor vehicle that:
(i) is owned or operated by an entity the primary business of which is the rental of
motor vehicles; and
(ii) only tows vehicles rented by the entity;
(G) a truck-trailer combination that is owned or operated by a dealer licensed under Chapter
2301 [Texas Occupations Code] and used to transport new vehicles during the normal course of
a documented transaction in which the dealer is a party and ownership or the right of possession
of the transported vehicle is conveyed or transferred; or
(H) a car hauler that is used solely to transport, other than in a Consent or Non-Consent Tow,
motor vehicles as cargo in the course of a prearranged shipping transaction or for use in mining,
drilling, or construction operations;
(22) “Tow Zone” means the geographical area that the Montgomery County Sheriff’s Office has
designated to best respond to Incident Scenes;
(23) “Tow Zone Sticker” means a sticker provided by the Office to a Permitted Towing Company to
serve as the physical Permit and to be displayed on its Tow Truck(s)’s windshield to indicate
approved Tow Zone(s) for said Towing Company;
(24) “Towing Company” means an individual, association, corporation, or other legal entity that
controls, operates, or directs the operation of one or more tow trucks over a public roadway in
this state but does not include a political subdivision of the state; and
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(25) “Vehicle Storage Facility” (also referred to as “VSF”), means a vehicle storage facility, as
defined by Section 2303.002(8) of the Texas Occupations Code, that is operated by a person
who holds a license issued under Chapter 2303 (of said Code) to operate the facility. Under
Section 2303.002(8) of the Texas Occupations Code, “Vehicle storage facility” is expressly
defined as a garage, parking lot, or other facility that is:
(A) owned by a person other than a governmental entity; and
(B) used to store or park at least 10 vehicles each year.

 

III. Vehicle Storage Facilities, Non-Consent Tow and Notification/Reporting Requirements
a. Each Vehicle Storage Facility, that stores motor vehicles which are towed without the owner’s
consent in the unincorporated areas of Montgomery County, shall complete and file, with the Office,
an Application for a Montgomery County Vehicle Storage Facility Permit (see Appendix ‘A’), and
shall be subject to the provisions of this Ordinance in addition to any other applicable laws, including
but not limited to Chapters 2303 and 2308 of the Texas Occupations Code as well as Chapters 85
and 86, Title 16, Texas Administrative Code. Permit fees shall accompany and be part of an
Application, and shall be payable in accordance with an approved fee schedule as provided by the
Office. As a pre-requisite to a Permit Application approval, a Vehicle Storage Facility must possess
and provide, to the Office, a copy of all valid and applicable licenses issued by the Texas Department
of Licensing and Regulation (“TDLR”) corresponding to the Permit Application. Vehicle Storage
Facilities must meet and maintain all application and licensing requirements mandated by the TDLR,
particularly in relation to Non-Consent Towing.
b. The validity of said TDLR issued Vehicle Storage Facility license must be maintained throughout
the term of any issued Montgomery County Vehicle Storage Facility Permit, and the Vehicle Storage
Facility must at all times comply with the requirements of Chapter 2303 of the Texas Occupation
Code, Chapter 85, Title 16, Texas Administrative Code, and this Ordinance, in addition to other
applicable, federal and state, statutory provisions. Montgomery County Vehicle Storage Facility
Permits expire the 31st day of January of each year and applications for renewals must be received
by the Office no later than thirty (30) calendar days prior to the expiration date. Operating without a
Permit, violating any applicable provision of this Ordinance and/or allowing a vehicle,
transported/towed as a Non-Consent Tow, to be stored at a facility without a valid Vehicle Storage
Facility Permit issued by the Office shall be deemed a violation of this Ordinance, and shall subject
said Vehicle Storage Facility to adverse administrative action under Section XI of this Ordinance.
c. Except as expressly allowed under this Ordinance, Section 2308.205 of the Texas Occupations Code
and any other applicable state law, any vehicle removed as a Non-Consent Tow, shall only be stored
at a licensed and Permitted, Vehicle Storage Facility, located within the geographical boundaries of
Montgomery County, Texas. A Towing Company and/or its Tow Truck operator shall ensure, prior
to transporting a vehicle, that the Vehicle Storage Facility, where the towed/transported vehicle is
intended to be stored, has been Permitted by the Office and has granted exclusive rights of storage to
the transporting Towing Company. If a Towing Company and/or Tow Truck operator transport a
Non-Consent Towed motor vehicle to, and store said motor vehicle at, a Vehicle Storage Facility that
has not been Permitted by the Office, is Permitted but has granted contemporaneous rights of storage
to another Towing Company, is operating without a current and valid Permit, and/or is outside the
geographical boundaries of Montgomery County (except where the vehicle was taken to a location
designated by the vehicle owner or a Peace Officer), said conduct shall be deemed a violation of this
Ordinance and may subject said Towing Company, Vehicle Storage Facility and/or Tow Truck
operator to adverse administrative action under Section XI of this Ordinance.
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d. The following provision is applicable to Non-Consent Tows that are Private Property Tows and/or
where towing is incidental to a lawful repossession of the towed motor vehicle. The Tow Truck
operator shall, prior to towing the vehicle, report the tow and associated information to Montgomery
County Sheriff’s Office Communications at (936) 760 5800 or other phone number(s) as may be
designated by the Office. The tow information, shall include, the year, make, model, color, license
plate number, Vehicle Identification Number (VIN), condition, location towed from, Towing
company, Tow Truck operator and Vehicle Storage Facility where the towed motor vehicle is
intended to be transported to and stored at. Towing Companies, Tow Truck operators and/or Tow
Assistants exclusively engaged in Private Property Tows are not required to be Permitted by the
Office under this Ordinance, but must otherwise comply with requirements related to vehicle storage,
insurance and other applicable provisions of this Ordinance, as well as state and local laws/rules,
including, but not limited to, TDLR rules.
e. A motor vehicle, subject to a Non-Consent Tow, shall not be transported to and/or stored at a
Vehicle Storage Facility that is not Permitted by the Office, identified on the Tow Truck that
conducted the tow, and, where applicable, approved as a part of the Tow Truck Application, except
to the extent expressly allowed by Section 2308.205 of the Texas Occupations Code and/or where
the vehicle was taken to a location designated by the vehicle owner or a Peace Officer. When a
location is designated by the vehicle owner, provisions of 16 Tex. Admin. Code § 86.700(b) as
mandated by the TDLR, shall be complied with by the Towing Company and/or Tow Truck
operator, as applicable: in the event the vehicle is taken to a location other than a licensed Vehicle
Storage Facility, the document signed by the vehicle owner or operator to authorize the tow may not
include authorization of any other services other than those necessary to perform the Non-Consent
Tow.
f. The Towing Company and Tow Truck operator shall not allow or cause said towed vehicle (as stated
in Section III, subsection e., above) to be transferred or moved outside of Montgomery County
unless and until directed to by a Peace Officer and/or consent is received from the current vehicle
owner (including where ownership is transferred, in the event of an abandoned vehicle). Once a
vehicle is transported via Non-Consent Towing services to a Vehicle Storage Facility, it may not be
moved to a different facility if that movement results in charging the vehicle owner more for
transporting and storage services than if it had not been moved beyond the initial storage facility. If a
vehicle towed pursuant to Non-Consent Towing services is moved between licensed Vehicle Storage
Facilities, each facility must comply with notification provisions of 16 Tex. Admin. Code § 85.703,
as applicable.
g. Abandoned motor vehicles stored at a Vehicle Storage Facility, following Non-Consent Towing
services, shall be disposed of pursuant to, and in compliance with, applicable provisions of Section
2303.157 of the Texas Occupations Code and Chapter 683 of the Texas Transportation Code.
h. Each Vehicle Storage Facility that accepts Non-Consent Tows shall post a sign plainly visible to the
public, and in a prominent location within the business office/premises, clearly displaying the
Vehicle Storage Facility Permit number, maximum charges allowed [pursuant to this Ordinance and
16 Tex. Admin. Code § 85.722], and any other information as may be required by Chapter 85,
Title16, Texas Administrative Code, in the form and manner required by said Chapter.
i. Vehicle Storage Facilities shall keep and maintain records of all motor vehicles received through
Non-Consent Tows for a period of not less than two (2) years from the date of the release or disposal
of the vehicles, in a manner and form required by the TDLR, pursuant to Chapter 85, Title 16, Texas
Administrative Code, and any other applicable state statute/rules.
j. Any Vehicle Storage Facility, by voluntarily requesting to participate in the Montgomery County
Incident Management Towing Rotation System and/or Permitted Vehicle Storage Facility program,
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authorizes the Office to review all tow slips and storage receipts pertaining to tows initiated by the
use of the towing rotation list. Upon notice, the Vehicle Storage Facility will provide the tow slips
and storage receipts, for inspection by the Office, within five (5) business days.
k. Once a motor vehicle has been towed upon authorization of a Peace Officer and delivered to a
Vehicle Storage Facility, the Vehicle Storage Facility shall give notice to the registered owner of the
motor vehicle as may be required by Chapter 2303, Subchapter D of the Texas Occupations Code, 16
Texas Administrative Code § 85.703, and/or any other applicable statute/ rules.
l. Rights of storage of motor vehicles, towed and brought as Non-Consent Tows, at a Permitted
Vehicle Storage Facility must be exclusively limited by said Facility to a single Permitted Towing
Company at all times; a single Vehicle Storage Facility shall not allow its storage lot(s) to be shared
by more than one Permitted Towing Company for storage of said motor vehicles at any time.
m.All Vehicle Storage Facility Permits issued by the Office are non-transferable. Additionally, all
Permits are the property of Montgomery County and must be surrendered upon demand or
expiration, in accordance with the terms of this Ordinance. Except as required under Section XI,
subsection d., or otherwise under this Ordinance, expired Vehicle Storage Facility Permit(s), that are
not renewed, must be returned to the Office no later than fifteen (15) calendar days after the
expiration of such Permit, in person or by a verifiable delivery method. Failure to timely return said
expired Vehicle Storage Facility Permit(s) shall be a violation of this Ordinance.

 

IV. Application for Participation on the Montgomery County Incident Management Towing
Rotation System and/or Performing a Non-Consent Tow
a. Pursuant to Section 2308.201 of the Texas Occupations Code, an established and licensed Towing
Company desiring to participate in the Montgomery County Incident Management Towing Rotation
System in order to perform a Non-Consent Tow in Montgomery County, shall complete an
Application and submit it along with the required documents to the Montgomery County Sheriff’s
Office (“Office”) located at #1 Criminal Justice Dr. Conroe, Texas 77301 (See Appendix ‘A’). This
requirement is applicable regardless of whether the owner of a Tow Truck has a place of business in
Montgomery County (as provided under Section 2308.201(c) of the Texas Occupations Code).
b. The Application for a Permit may be hand delivered in person during normal business hours,
delivered via United States Postal Service, or delivered via any private courier service to the Office.
The Application shall meet the standards as required in all state laws and codes generally governing
tow truck companies, tow trucks, tow truck operators and vehicle storage facilities. Application for a
Tow Card must be submitted to the Office in person by the Applicant to allow for necessary
processing.
c. Applying and Permitted Towing Companies and Vehicle Storage Facility owners, as well as
Tow Truck operators and Assistants shall possess knowledge of, and at all times comply with
all requirements of applicable governing/administrative entities as well as applicable
provisions of federal, state and local laws, rules, regulations, definitions and codes, including
but not limited to, the following:
(1) Texas Occupations Code;
(2) Texas Department of Licensing and Registration (also referred to as “TDLR”);

(3) Texas Local Government Code;
(4) Texas Administrative Code (also referred to as “Tex. Admin. Code”);
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(5) Texas Transportation Code;
(6) Code of Federal Regulations; and
(7) This Ordinance.
Violation(s) of any of the applicable requirements or provisions of the above, shall be deemed a
violation(s) of this Ordinance and may subject the violator to adverse administrative action
under this Ordinance, regardless of any other, applicable, state or federal penalty. To the
extent allowed by law, any violation(s) of this Ordinance may also be reported by the Office to
the TDLR and any other state and/or federal governing/administrative/regulatory entities.
d. In addition to complying with the entities as well as provisions, laws, rules and regulations listed
above, each Towing Company participating in the Montgomery County Incident Management
Towing Rotation System, shall meet the minimum equipment requirements, as indicated in the Tow
Truck Inspection Checklist form [See Appendix “A” and Section VIII, subsection c., below], and
provide any required fees and documents.
e. In the event of any change in a Towing Company’s physical business address, Vehicle Storage
Facility’s physical address, contact phone number(s) and/or any information previously provided on
any Application, including but not limited to a Tow Card Application, the concerned business entity
or Tow Card holder must contact the Office within three (3) business days of said changes and
provide the updated information.
f. Approval by the Office for replacement Permits, due to loss, theft, damage or expiration of current
Permit(s), requires the completion and filing of a new/renewal Application(s) by Applicant, with
accompanying documents/fees, and a TDLR status in good standing. All issued Tow Truck Permits,
Tow Cards and Tow Zone Stickers are non-transferable.
g. An Application for a Tow Truck Permit/Tow Card/Tow Zone Sticker shall include payment of the
required fees. The Office may issue a Tow Truck Permit, Tow Card and/or Tow Zone Sticker after
the applicant meets and satisfies all the requirements of the relevant application(s).
h. All Applications will be required to be received by the Office no later than thirty (30) calendar days
prior to expiration to avoid interruption of the Permit. It is the responsibility of the Towing
Company/applicant to ensure that the applicable inspections are completed prior to the expiration of
the current Permit.
i. All Tow Truck Permits expire annually at midnight on the 31st day of January, with a grace period
through the last day of February, regardless of the issuance date. To renew a Tow Truck Permit, the
Towing Company must file a renewal Application with required documents and fees.

 

V. Towing Company Requirements
a. As a pre-requisite to a Permit Application approval, a Towing Company must possess and provide a
copy of all valid and applicable licenses issued by the TDLR corresponding to the Permit
Application. Hence, Towing Companies must meet all application and licensing requirements
mandated by the TDLR, including but not limited to continuing education requirements, in order to
obtain and maintain the applicable TDLR license(s), particularly in relation to Non-Consent Towing.
The validity of said TDLR license(s) must be maintained by the Towing Company(ies) throughout
the term of applicable Office issued Permit(s). Failure to maintain said validity shall be deemed a
Page 12 of 26
violation of this Ordinance and may subject the concerned Towing Company(ies) to adverse
administrative action pursuant to this Ordinance.
b. As part of its Application, the Towing Company must provide written proof of rights of storage at,
access to, and use of, at least one (1) designated and Permitted Vehicle Storage Facility within the
geographic boundaries of Montgomery County, where Non-Consent Towed vehicles by said
Company shall typically be stored (unless a motor vehicle owner requests an alternate location)
pursuant to this Ordinance. Said proof may consist of lease agreement(s), license or use
agreement(s)/letter agreement(s) allowing such use/storage, and/or title document(s) evidencing an
ownership interest (if and as allowed by state law, in particular, without violating Sections 2308.401
and 2308.402 of the Texas Occupations Code), executed by both the Towing Company and
Permitted Vehicle Storage Facility(ies). Each Towing Company must utilize, for storage of motor
vehicles towed as Non-Consent tows, only the VSF to which it has been granted rights of access and
storage, and said Facility cannot be shared contemporaneously with another Permitted Towing
Company.
c. Each Towing Company may choose to file an Application for Permit(s) for one or more of its owned
or leased Tow Truck(s) within one or more Tow Zone(s) and said Permit(s), if approved, shall only
allow it to operate within the boundaries of those Tow Zone(s) for Non-Consent Towing. However,
this does not provide additional rotation spots so that, at all times, there will only be one rotation per
Permitted Towing Company per Tow Zone.
d. A separate Permit Application must be filed by the Towing Company for each Tow Truck that is
sought to be Permitted. Towing Companies owning/leasing multiple Tow Trucks may apply for
Permit(s) for one or more Tow Trucks to operate in each Zone, each Division or all Zones.
e. Each Towing Company with a Tow Truck Permitted in a particular Tow Zone, will receive one
rotation in the Montgomery County Incident Management Towing Rotation System, regardless of
the number of Permitted Tow Trucks in a particular Tow Zone.
f. A Towing Company in an adjacent Tow Zone shall only be utilized for a Non-Consent Tow when
there are no Permitted Towing Companies available in the affected Tow Zone.
g. A Towing Company may, only upon annual renewal Application and inspection, choose to change
the Tow Zones selection. All Permits and Tow Zone Stickers issued by the Office are nontransferable. Additionally, all Permits and Tow Zone Stickers are the property of Montgomery
County and must be surrendered upon demand or expiration, in accordance with the terms of this
Ordinance. Except as required under Section XI, subsection d. below, or otherwise under this
Ordinance, all expired Permits and corresponding Tow Zone Stickers must be returned to the Office
no later than fifteen (15) calendar days after expiration of said Permit(s), in person or by a verifiable
delivery method. Failure to timely return said expired Permit(s) and corresponding Tow Zone
Sticker(s) shall be a violation of this Ordinance.
h. Tow Trucks will be inspected by the Office on an annual basis unless information is received by the
Office that certain Tow Truck(s) is/are out of compliance, in which event, the Office may require
said Tow Truck(s) to be brought in by the Towing Company for inspection at any time prior to the
next annual inspection/renewal of the Permit. A notification by the Office to bring a Tow Truck(s) to
a designated location for inspection shall be complied with, by the Towing Company, in accordance
with instructions provided.
i. Towing Companies are not permitted to add additional Tow Trucks before the next annual renewal
of Permit(s), unless it is due to a replacement.
Page 13 of 26
j. Tow Truck replacement shall be, at a minimum, the same weight category truck as the truck being
replaced, which must pass inspection by the Office prior to being placed into service.
k. Towing Companies shall only use specifically designed and appropriate equipment in loading,
recovering, and towing of vehicles towed from Incident Scenes. The equipment used must, at all
times, be commensurate with the type of tow involved, in good working order, capable of
performing such services without causing damage to the vehicles involved and compliant with all
applicable state laws and regulations. In addition to other requirements, every hydraulic line on each
Tow Truck must be free of leaks and in good working condition, free from defects; and the winch
must not exceed the capacity of the boom or leak oil. (See Tow Truck Inspection Checklist attached
under Appendix “A”.)
l. Two or more Towing Companies sharing ownership of a Tow Truck or Towing Company, may not
appear more than once on the rotation list in any Tow Zone within Montgomery County.
m.A Towing Company must conduct towing operations with honesty, trustworthiness, and integrity [16
Tex. Admin. Code § 86.711].
n. A Permitted Towing Company must be available 24 hours a day, 7 days a week and 365 days a year,
regardless of holidays, road conditions, weather conditions and/or business closures, except when a
timely request for removal from the rotation list due to lack of availability is filed with the Office
pursuant to Section X, subsection c., below. A Tow Truck operator and/or Tow Assistant
shall not arrive at an Incident Scene in Montgomery County, to perform a NonConsent Tow of a motor vehicle, without first being contacted by the Office. Violation
of this requirement may subject the Towing Company, Tow Truck Operator and/or
Tow Assistant to sanctions pursuant to this Ordinance.
o. The Towing Company shall comply with all insurance requirements stated under Section VI below,
both prior to the issuance of any applicable Permit and during the term of said Permit, in addition to
any other requirements mandated by state law.
p. The Towing Company shall ensure that all its Tow Truck operators and Tow Assistants, whether
such are employees, officers, independent contractors, representatives, and/or agents, are familiar
with this Ordinance and comply with its provisions fully in addition to other applicable local, state
and federal laws/regulations.

 

VI. Insurance
a. Prior to the issuance of any Tow Truck Permit, the applicant shall have filed, with the Office, proof
of motor vehicle liability insurance coverage, at or above the minimum amounts set forth below
under Section VI, subsection e., and in compliance with any other requirements mandated by state
law.
b. A Towing Company shall have and maintain in full force and effect, throughout the term of the Tow
Truck Permit(s), liability coverage that is combined single limit liability for bodily injury to, or death
of, an individual per occurrence and loss or damage to property (excluding cargo) per occurrence, as
required under this Ordinance.
c. A copy of a valid and applicable insurance certificate must be submitted to the Office at the time of
each new and renewal Application of the Tow Truck Permit(s), and carried in applicable Tow
Trucks. The certificate shall clarify the type as well as amount of insurance coverage, and require a
notification to the Office within thirty (30) calendar days of a cancellation or material change in the
policy, including a reduction in coverage below minimum limits.
Page 14 of 26
d. Each liability insurance policy for vehicle, bodily injury or property damage shall be issued by a
casualty insurance company, authorized to conduct business in the State of Texas, which complies
with all applicable rules and regulation of the Texas Department of Insurance.
e. The minimum amounts of liability coverage for each Tow Truck shall comply with 16 Tex. Admin.
Code § 86.400, including any future amendments thereto.
f. Insurance covering Permitted Tow Trucks must be kept in full force and effect at all times. A
Towing Company shall not participate in any Non-Consent Tow if it fails to carry and provide
evidence of the required minimum insurance coverage for any Tow Truck and Tow Truck operator
performing Non-Consent Towing services, as stated above. Participation in a Non-Consent Tow
without applicable and valid proof of insurance coverage shall be a violation of this Ordinance.
g. All certificates of insurance covering Permitted Tow Trucks shall be provided to the Office, and/or
Peace Officer present at the Incident Scene, upon demand and, at a minimum, indicate the following:
(1) Indicate that the policy covers the particular vehicle covered by the Tow Truck Permit;
(2) Identify the vehicle by year, make and vehicle identification number;
(3) Indicate that the policy coverage is consistent with the minimum liability limits established by
this Ordinance and state law; and
(4) The Insurance Certificate shall show the Certificate Holder as:
Montgomery County, Texas
#1 Criminal Justice Dr., Conroe, Texas 77301.
VII. Tow Truck Operators and Tow Assistants
a. Prior to any person operating or occupying a Tow Truck on an Incident Scene, each Tow Truck
operator(s) and Tow Assistant(s) must first obtain a Montgomery County Identification Card or
“Tow Card”. The Application for the Tow Card will be available from the Office. Tow Cards issued
to Tow Truck operators shall have the same expiration date as their TDLR incident management
towing operator’s license, after which date these shall be deemed invalid if not timely renewed. Tow
Cards issued to Tow Assistants shall expire at midnight on the 31st day of January following issuance
of said Tow Card, regardless of timing of initial issuance, after which date these shall be deemed
invalid if not timely renewed. Tow Cards are non-transferable. The requirements for obtaining and
maintaining a Tow Card are stated below.
b. No person, with the exception of the towed motor vehicle’s owner(s), driver and/or occupant(s), shall
operate or occupy a Tow Truck at an Incident Scene unless he/she possesses and carries a valid and
applicable Tow Card issued to him/her by the Office. Tow Truck operators and Tow Assistants must
prominently display Tow Cards issued to them by the Office at all times while on an Incident Scene.
A Tow Card so displayed must reflect the name of the individual actually possessing/carrying said
Tow Card and the name of his/her current employer/Towing Company. A person shall not carry,
display or use a Tow Card, at an Incident Scene, that has not been issued to said person by the
Office. All Tow Cards are non-transferable. Failure by the concerned Tow Truck operator and/or
Tow Assistant to produce his/her valid Tow Card for inspection, upon demand by a Peace Officer,
shall be deemed a violation of this Ordinance and may subject said Tow Truck operator(s) and/or
Tow Assistant to adverse administrative action pursuant to the Ordinance.
Page 15 of 26
c. Tow Cards issued by the Office are valid until the applicable expiration date, after which date these
shall be deemed invalid if not timely renewed. No later than thirty (30) calendar days prior to the
applicable expiration, the Tow Truck operator and Tow Assistant shall file an Application for
renewal with the Office, including all required documents, and pay renewal fees, to avoid
interruption of validity.
d. As a pre-requisite to a Tow Card Application approval, Tow Truck operators must possess and
provide a copy of all valid and applicable licenses, issued by the TDLR, corresponding to the Tow
Card Application, and must additionally satisfy all the stipulations/qualifications required under said
Tow Card Application. Hence, said operators must meet all application and licensing requirements
mandated by the TDLR, including but not limited to all applicable continuing education
requirements, in order to obtain and maintain appropriate towing operator license(s), particularly in
relation to Non-Consent Towing. Moreover, approval of an Application for a Tow Card may be
denied, or is subject to later revocation if initially approved, where the individual applying for a Tow
Card is found to have falsified, or withheld, required information, and/or otherwise failed to satisfy
criteria stated on the Application.
e. Tow Assistants must possess and prominently display a valid Tow Card issued by the Office, while
on any Incident Scene.
f. Minimum age for Tow Assistants is eighteen (18) years of age. In addition to the duly issued Tow
Cards, another current and valid government issued identification document must be carried by all
Tow Truck operators and Tow Assistants at all times while on an Incident Scene and shall be made
available for inspection, upon demand by a Peace Officer.
g. The Office may, as provided herein, deny, suspend, revoke, and/or refuse to renew or replace a Tow
Card due to any violation of this Ordinance, including but not limited to a violation of Section IV,
subsection c., of this Ordinance (above) which encompasses applicable state laws and regulations.
Tow Cards are the property of Montgomery County and shall be surrendered upon demand by the
Office or expiration, in accordance with the terms of this Ordinance.
h. Tow Truck operators and Assistants must submit all required fees and required
information/documentation to Office at the time of Application for a Tow Card including, but not
limited to:

(1) A copy of the current TDLR incident management towing operator’s license;
(2) A copy of any current Montgomery County Permit;
(3) All information required on the Application; and
(4) A copy of a valid driver’s license.
i. The following rules apply to Incident Scenes (in addition to any other, applicable, rules contained in
this Ordinance and state/federal rules):
(1) The rotation Tow Truck shall park a minimum of one-hundred (100) feet from the scene, on the
same side of the roadway as the vehicle to be towed;
(2) The rotation Tow Truck(s) shall remove all debris from the Incident Scene and properly dispose
of all debris collected only under and in compliance with the directions of the Peace Officer(s)
at the Incident Scene;
Page 16 of 26
(3) Any Tow Truck operator, who is not a rotation Tow Truck operator or otherwise expressly
authorized by a Peace Officer/the Office to be present, and who enters an Incident Scene, will
not be allowed to perform the Non-Consent Tow, may be found in violation of this Ordinance
and any applicable state law(s), and may be subject to applicable criminal and administrative
sanctions as provided for in this Ordinance and state law;
(4) A motor vehicle towed pursuant to a Non-Consent Tow must be taken to a State licensed and
Montgomery County Permitted Vehicle Storage Facility located within the geographical
boundaries of Montgomery County, unless the vehicle owner requests an alternate location and
such request is approved by the Peace Officer on the Incident Scene; and
(5) Tow Truck operators and Tow Assistants shall obey all lawful orders given to them by Peace
Officers present at an Incident Scene and shall not in any manner, knowingly or intentionally,
interfere with said Peace Officers in the performance of their duty. Tow Truck operators shall
not remove a vehicle from an Incident Scene without permission from the Peace Officer(s) in
charge of the Incident Scene. Additionally, Tow Truck operators and Tow Assistants shall
conduct themselves with professionalism while present at an Incident Scene.
j. The following requirements are applicable to Heavy Duty Tow Truck operators responding to an
Incident Scene (in addition to any other, applicable, local, state and federal rules):
(1) No person shall operate a Heavy Duty Tow Truck in order to perform a Non-Consent Tow
without a valid Heavy-Duty Tow Truck Permit issued by the Office under this Ordinance;
(2) Dispatch of Heavy Duty Tow Trucks will be on a Division(s) or countywide rotation, allowing
one (1) hour to respond to an Incident Scene;
(3) Each Operator of a Heavy Duty Tow Truck shall have a minimum of sixteen (16) hours of
Heavy Duty towing related continuing education/training, approved by the Texas Department of
Licensing and Regulation (TDLR) and/or the Texas Engineering Extension Service (TEEX),
which includes hands on training within twelve (12) months of a Montgomery County HeavyDuty Tow Truck Permit being issued. All Tow Truck operators that respond to Incident Scenes
pursuant to this Ordinance shall repeat the above level of continuing education/training at least
once every five (5) years; and
(4) Operators of Heavy Duty Tow Trucks hired by a Towing Company after the approval of the
Montgomery County Heavy Duty Tow Truck Permit shall have twelve (12) months from the
date of hire to complete the sixteen (16) hours of continuing education/training.
k. All Tow Cards issued by the Office are non-transferable. Additionally, all Tow Cards are the
property of Montgomery County and must be surrendered upon demand or expiration, in accordance
with the terms of this Ordinance. Except as required under Section XI, subsection d. below or
otherwise under this Ordinance, each Tow Truck operator and Tow Assistant shall at the time of
renewal or within fifteen (15) calendar days after the expiration of a Tow Card, return it to the Office
in person or by a verifiable delivery method. Failure to timely return an expired Tow Card shall be a
violation of this Ordinance.
VIII. Required Identification Markings and Inspections
a. A Tow Truck Permit holder must display on each Permitted Tow Truck:
(1) The Permit holder’s name, publicly listed telephone number, city and state where the permit
holder is located and the TDLR permit number for the Tow Truck;
Page 17 of 26
(2) The phone number(s) and the address(es) of each Permitted Vehicle Storage Facility to which
the Operator of the Tow Truck delivers vehicles; the phone number(s) and address(es) shall be
displayed on the right and left side of the Tow Truck bed, visible from a minimum distance of
fifty (50) feet from the Truck;
(3) Required lettering must be at least two (2) inches high and in a color that contrasts with the
color of the background surface. All lettering must be permanently affixed in conspicuous
places on both sides of the Tow Truck; and
(4) The Tow Zone Sticker must be displayed prominently on the left side of the Tow Truck
windshield (as viewed from inside the Truck), no more than three (3) inches above the Texas
vehicle registration sticker.
It is a violation of this Ordinance for a Permitted Tow Company to use magnetic or removable signs
in lieu of the markings required to be affixed to Tow Trucks.
b. The Office may inspect any Tow Truck, place of business of the Towing Company, or Vehicle
Storage Facility Permitted, or pending approval of Application to be Permitted, under the
Montgomery County Incident Management Towing Rotation System, pursuant to this Ordinance, at
any time, with or without notice, to ensure compliance with all aspects of this Ordinance.
c. The Office’s designated personnel shall in particular, as part of the Tow Truck Application process,
inspect every Tow Truck prior to issuance of a new or renewal Permit. The inspection shall ensure
compliance with applicable provisions of state law and this Ordinance, utilizing a “Montgomery
County Tow Truck Inspection Check List” form provided by the Office [see Appendix “A”]. Said
form may also be used at any time after issuance of a Permit to evaluate continued compliance with
this Ordinance.
d. Any Tow Truck, Towing Company and/or Vehicle Storage Facility, that fails an inspection shall not
be issued the relevant Permit under this Ordinance, and shall immediately surrender a previously
issued Permit. The Towing Company owner, may schedule a new inspection once the vehicle
complies will all applicable laws and County Ordinances, but not less than three (3) business days
from the date of failed inspection. Only a designated official with the Office may review and
approve an inspection related to a Permit under this Ordinance.

 

IX. Fees, Records Retention, and Compliance with Chapters 85 and 86, Title 16, Texas
Administrative Code, as well as Chapters 2308 and 2303 of Texas Occupations Code
a. The Office may assess administrative fees sufficient for the administration of the provisions of
Section 2308.209 of the Texas Occupations Code, not to exceed the amount necessary to implement
the provisions of said statute. A County approved rate schedule, which may be updated by County at
any time, shall be provided by the Office and incorporated within this Ordinance under Appendix A.
All Applications must include and be accompanied by relevant fees as stated in the then current rate
schedule.
b. Pursuant to Section 2308.2065 of the Texas Occupations Code and 16 Tex. Admin. Code § 86.458,
whenever a Tow Truck service is used pursuant to this Ordinance and in response to the
Montgomery County Incident Management Towing Rotation System, the maximum amount allowed
to be charged by a Permit holder for such services, including but not limited to tow, winch, clean-up
and removal, shall not exceed the applicable and allowable fees as outlined in the current, County
approved, rate schedule mentioned above and incorporated in this Ordinance under Appendix A.
Page 18 of 26
c. Additionally, each Towing Company that has been issued a Permit shall maintain a record of NonConsent Tows carried out pursuant to said Permit for a minimum period of two (2) years. Such
records include, but are not limited to, Tow Truck slips from Peace Officers and charges to
customers for vehicles transported as Non-Consent Tows. The Office may, with a minimum of
twenty-four (24) hours advance written notice, inspect all records on any working day at any time
during normal business hours. A Towing Company’s failure to provide the Office with access to
records upon request and/or failure to provide any such records, specifically requested by the Office,
beyond twenty-four (24) hours of said request(s), is a violation of this Ordinance.
d. Towing Companies and Tow Truck operators are, in addition to the requirements stated in this
Ordinance, in particular subject to, and must comply with, the reporting and other requirements
imposed by Chapter 86, Title 16, Texas Administrative Code, and Chapter 2308 of the Texas
Occupations Code, including future amendments thereto, as applicable. Vehicle Storage Facilities, in
addition to the requirements stated in this Ordinance, are in particular subject to, and must comply
with, the reporting and other requirements imposed by Chapter 85, Title 16, Texas Administrative
Code, and Chapter 2303 of the Texas Occupations Code, including future amendments thereto, as
applicable.

 

X. Operation of the Montgomery County Incident Management Towing Rotation System and
Certain Violations, Including “Pass” Violations
a. A Peace Officer who is requesting a Towing Company for a Non-Consent Tow on any Incident
Scene, shall notify Montgomery County Sheriff’s Office Communications of the request for a
Towing Company. The Peace Officer shall make the request based upon the appropriate need: Light
Duty, Medium Duty or Heavy Duty, except as provided under Section X, subsection i., below.
b. With the exception of Permitted Towing Companies providing Heavy Duty Tow Truck services
(which are placed on a Division(s) or countywide rotation list in alphabetical order), Permitted
Towing Companies that are on rotation in a particular Tow Zone, will be placed on a rotation list for
said Tow Zone in alphabetical order. Regardless of the type of rotation list, once placed on a list, a
Towing Company must immediately notify the Office of a change in its availability, contact
information or other required Application information, as indicated in this Ordinance.
c. Except as provided otherwise as “Free Pass” instances under Section X, subsection l. below, as soon
as it becomes aware of its lack of availability, a Towing Company shall file a written request for
removal from a rotation list, and said filing must take place, in any event, prior to being called by the
Office under the rotation list. Failure to timely file such written request for removal shall be deemed
a separate violation, in addition to any “Pass” violations that may ensue.
d. A Permitted Towing Company shall be called up to a maximum of two times on contact phone
number(s), provided at the time of Application, in the manner stated under Section X, subsection f.
below, and shall have fifteen (15) minutes to respond to the Incident Scene, except that Towing
Companies which are required to send Heavy Duty Tow Truck(s) are allowed one (1) hour to
respond to the Incident Scene. Any change in the contact numbers will require an updated
Application prior to any change being made in the Office records. Failure to timely provide an
updated phone number(s) to the Office, as indicated under Section IV, subsection e., of this
Ordinance, shall be deemed a separate violation, in addition to any “Pass” violations that may ensue.
e. Except as otherwise provided as “Free Pass” instances under Section X, subsection l. below, if a
Towing Company has not requested a timely removal from a list and is then unable or unwilling to
respond to the Incident Scene when required to by the Office, such failure to respond to the Incident
Scene shall be deemed a “Pass” on the rotation and a violation of this Ordinance. Such Towing
Page 19 of 26
Company is under an affirmative obligation to notify the Office at the time of the initial call that it
will not be able to, or is unwilling to, respond to the Incident Scene, if such is the case.
f. If a Towing Company (which has not requested a timely removal from a rotation list) fails to answer
a first rotation call made to its primary phone number, as provided in its Permit Application, or if
said call goes to voicemail, the Office/MCSO Communications personnel shall immediately attempt
a second call, using the secondary number provided by the Towing Company in its Permit
Application. (If no secondary number is provided in the Permit Application, the Office/MCSO
Communications personnel shall verify the primary number and place a second rotation call to said
primary number.) Should there be no answer at the conclusion of the two (2) attempted calls, the
Company’s failure to answer the calls shall be deemed a “Pass” violation and the Office/MCSO
Communications personnel shall, if possible, leave a message at the second call attempt indicating
that said failure to answer has been deemed a “Pass” violation.
g. The Office/MCSO Communications personnel will then advance to the next Towing Company and
the “Passed” Company will be placed on the bottom of the rotation list.
h. If a Towing Company does not arrive within fifteen (15) minutes [or one (1) hour, in the case of
Heavy Duty Tow Truck(s)] of answering a rotation call, it shall be deemed a “Pass” violation and the
Towing Company shall then be placed on the bottom of the rotation list.
i. Under exigent circumstances, the Peace Officer present at the Incident Scene may, in the interest of
immediate public safety, request a Tow Truck outside the order of the rotation list and/or outside the
scope of this Ordinance to remove a vehicle/hazard.
j. If a motor vehicle owner requests a particular Towing Company at an Incident Scene, the Peace
Officer at the Incident Scene may, but is not obligated to, honor such request unless so required by
an applicable state law. Operations of the owner requested Towing Company shall be regulated by
all applicable state and local laws.
k. If a “Pass” violation is caused by a duly responding rotation Tow Truck attempting to reach an
Incident Scene, but suffering mechanical failure prior to reaching the Scene, such “Pass” violation
may be voided by the Office if the Towing Company provides written proof and details of repairs
performed on said Truck, within ten (10) business days following the date of the rotation call. A
voided “Pass” shall not be deemed a violation. Additionally, said repaired Tow Truck shall be
subject to inspection and clearance by Office, prior to being reinstated under the rotation list.
l. A Permitted Towing Company, with only one (1) Permitted Tow Truck, may potentially be unable to
respond to an Incident Scene pursuant to a rotation call(s), and therefore such Towing Company(ies)
is(are) allowed one (1) “Free Pass” per calendar month, whereby no violation is deemed to have
occurred, and no administrative action is initiated against such Towing Company(ies), provided that
such Towing Company(ies) indicates its(their) inability to respond to the Office/MCSO
Communications Personnel at the time of receipt of the initial rotation call(s); in such event,
only the first indication of inability to respond to rotation call(s) in a calendar month is accorded a
“Free Pass”, and any “Pass” violation(s) occurring within the same calendar month, following said
“Free Pass”, shall initiate the administrative process stated below. A Towing Company which has
been duly accorded a “Free Pass” shall nevertheless lose its turn during the then running (alphabetic)
rotation cycle and may only receive a rotation call again, during the next rotation cycle per its
customary turn.
Except as otherwise provided herein above, a Towing Company’s “Pass” violation(s) shall initiate
the following administrative action by the Office, subject to the affected Towing Company’s due
process rights of appeal and hearing, as stated under Section XII of this Ordinance:
Page 20 of 26
(1) Upon the first “Pass” violation in a calendar year, the Towing Company shall be notified in
writing of the violation and no further administrative action shall take place;
(2) Upon the second “Pass” violation, if such occurs during the same calendar year as its first
“Pass” violation, the Towing Company shall be issued a written notice/warning to come into
immediate compliance with this Ordinance;
(3) Upon the third “Pass” violation, if such occurs during the same calendar year as its first and
second “Pass” violations, the Towing Company Permit shall be suspended from the
Montgomery County Incident Management Towing Rotation System for one (1) month,
following written notice of same;
(4) Upon the fourth “Pass” violation, if such occurs during the same calendar year as its first,
second and third “Pass” violations, the Towing Company Permit shall be suspended from the
Montgomery County Incident Management Towing Rotation System for three (3) months,
following written notice of same;
(5) Upon the fifth “Pass” violation, if such occurs during the same calendar year as its first, second,
third and fourth “Pass” violations, the Towing Company Permit shall be suspended from the
Montgomery County Incident Management Towing Rotation System for six (6) months,
following written notice of same;
(6) Upon the sixth “Pass” violation, if such occurs during the same calendar year as its first,
second, third, fourth and fifth “Pass” violations, following written notice of same, the Towing
Company Permit shall be suspended from the Montgomery County Incident Management
Towing Rotation System for a one (1) year period as of the effective date described below;
(7) Any suspension taking place under Section X, subsection l. (3) through (6), of the Ordinance
above shall be effective the tenth (10th) business day following the date of notice of the
violation, unless timely appealed in writing pursuant to Section XII below [Section XI,
subsections c. through g., below shall additionally govern the suspension process]. If a
suspension continues into the following calendar year, the suspended Towing Company may
submit an Application to renew its Permit only after completion of the last day of its applicable
suspension period and if so submitted, regardless of the date of such submission, the
Application shall be processed by the Office as if it had been timely submitted pursuant to this
Ordinance; furthermore, approval of the Application by the Office shall cause the consequent
Permit to be effective as of the date of issuance and to remain valid until the next annual
renewal;
(8) If a Permit is suspended pursuant to Section X, subsection l. herein, the affected entity and/or its
individual owner shall surrender all Permits to the Office within three (3) business days after
the notice of adverse action was received, regardless of filing of an appeal; said surrender shall
be made to the Office in person or by a verifiable delivery method;
(9) Failure to timely surrender a suspended Permit/Zone Sticker to the Office shall be deemed an
additional violation of this Ordinance – this additional violation shall subject the violator to a
continuation of suspension and/or non-renewal/non-reinstatement as applicable, by the same
number of business days as said Permit/Zone Sticker remained unreturned to the Office after
the third business day following receipt of the adverse administrative action notice stated above;
Page 21 of 26
(10) All written notices required by Section X, subsection l., herein shall be sent via United States
Postal Service Certified Mail Return Receipt, and an additional copy(ies) may be sent via email and/or First Class Mail; and
(11) Regardless of any pending or ongoing suspension(s) of a Permit(s), whether for “Pass” or non-
“Pass” violations, which may continue into a following calendar year, computation of the
number of “Pass” violations incurred by a Towing Company(ies) for any calendar year shall
commence at zero (0) as of January 1 of each calendar year.

 

XI. Adverse Administrative Action- Permit Denial, Suspension, Non-Renewal, and/or Revocation
for Violations Other Than “Pass” Violations
In terms of administrative adverse action, any violation(s), other than “Pass” violations, of the
provisions of this Ordinance may result in temporary or permanent removal from the Montgomery
County Incident Management Towing Rotation System. Such temporary or permanent removal shall
take place in accordance with the procedures stated in this Ordinance.
Except as otherwise indicated in this Ordinance, violations other than “Pass” violations, shall initiate
the administrative action(s) as stated herein by the Office, subject to the due process rights of appeal
and hearing stated under Section XII of this Ordinance. All Permit Applicants and Permitted
entities/individuals, including Towing Companies, Vehicle Storage Facilities, their individual
owners, Tow Truck operators and Tow Assistants are subject to the provisions stated herein.
a. A Permit/Tow Card shall be denied, suspended, not renewed and/or revoked, as applicable, by the
Office with immediate effect for any of the following reasons:
(1) The applicant is under indictment for a felony, or has a felony conviction involving sexual,
assaultive or theft offense, within the last five (5) years from the date of application, or is on
community supervision or deferred adjudication for a felony. If the conviction is on appeal, for
the duration of the appeal period, it is considered a conviction for the purposes of this
Ordinance;
(2) The applicant is under indictment for, or has a conviction of, a misdemeanor theft offense,
within the last five (5) years from the date of application. If the conviction is on appeal, for the
duration of the appeal period, it is considered a conviction for the purposes of this Ordinance;
(3) Non-compliance with, or violation of, any provision of this Ordinance, except “Pass”
violation(s) [“Pass” violations are enforced under Sections X and XII of this Ordinance];
(4) Knowingly supplying false or incomplete information to the Office and/or Peace Officer, in an
Application or otherwise;
(5) Falsifying records;
(6) Knowingly towing a motor vehicle that is reported stolen without first contacting a Peace
Officer; or

(7) Deceptively obtaining or using motor vehicle owner/driver’s consent or waiver, verbal or
written, in relation to any Non-Consent Towed vehicle, in an attempt to circumvent the
approved fees mandated by this Ordinance (and/or by the TDLR, as applicable), to tow the
motor vehicle to a facility not duly Permitted under this Ordinance or to circumvent any
provision of this Ordinance. Said conduct shall additionally subject the entity (Towing
Company or Vehicle Storage Facility) and/or its individual owner, as well as any involved Tow
Page 22 of 26
Truck operator and Tow Assistant to permanent removal from the Montgomery County
Incident Management Towing Rotation System as well as revocation of all Permit(s)/Tow
Card(s).

b. Citizen complaints regarding any Permitted Towing Company, Tow Truck operator, Vehicle Storage
Facility, including individual owner, operator and/or Assistant, must be filed in writing, addressed to
the following:
Montgomery County Sheriff’s Office
#1 Criminal Justice Dr., Conroe, Texas 77301.
Complaints may be reviewed for adverse administrative action, as necessary.
c. Notice(s) to Towing Companies and/or Vehicle Storage Facilities, including individual owners, Tow
Truck operators and/or Assistants thereof, of adverse administrative action by the Office under
Section XI shall be as follows:
(1) The Office shall provide written notice following a denial, suspension or revocation of a Permit
or Tow Card; and
(2) Written notice may be delivered via hand-delivery to the concerned Permit or Tow Card holder,
or delivered via United States Postal Service Certified Mail Return Receipt to the last updated
address of the Permit/Tow Card holder as stated in Application records, and an additional
copy(ies) may be sent via email and/or First Class Mail. Hand-delivered notices, for all
purposes, shall be marked accordingly by the Office and state the date of delivery, which shall
also be deemed the date of receipt.
d. If a Permit/Tow Card is suspended, revoked or a renewal is denied, the affected entity and/or
individual shall surrender all Permits, Zone Stickers and Tow Cards to the Office, within three (3)
business days after the notice of adverse action was received, regardless of filing of an appeal. Said
surrender shall be made to the Office in person or by a verifiable delivery method.
e. Failure to timely surrender a suspended, non-renewed or revoked Permit, Zone Sticker and/or Tow
Card to the Office shall be deemed an additional violation of this Ordinance. This additional
violation shall subject the violator to a continuation of suspension or non-renewal/non-reinstatement,
by the same number of business days as said Permit/Tow Card remained unreturned to the Office
after the third business day following receipt of the original adverse administrative action notice
stated above.
f. Hearing and appeal procedures for a denial, suspension, non-renewal or revocation under Section XI
of this Ordinance shall follow the requirements of Section XII below.
g. The Office’s denial, suspension, non-renewal or revocation of any Permit/Tow Card disqualifies the
person or business entity from participating in the Montgomery County Incident Management
Towing Rotation System until such Permit/Tow Card is reinstated or reissued, following an appeal or
otherwise.

 

XII. Hearing Process for Adverse Administrative Action
a. A person or company may appeal any adverse administrative action by the Office by delivering a
written notice of appeal to the Office within ten (10) business days from the date of the written
notice of the Office’s adverse action.
Page 23 of 26
b. Delivery of a notice of appeal to the Office is effective if hand-delivered, or forwarded by United
States Postal Service, Certified Mail Return Receipt requested, to the Office, to the attention of the
Office, Supervisor of Tow Truck Enforcement Unit (hereinafter referred to as “Supervisor”).
c. Upon receipt of a written notice of appeal, the Supervisor shall convene a Disciplinary Hearing
Committee to hear the appeal; the Committee shall be comprised of the following individuals:
(1) Office Lieutenant of Administration;
(2) Lieutenant of the Office’s Patrol District or the district of the law enforcement agency in which
the violation occurred; and
(3) Lieutenant of the Tow Truck Enforcement Unit of the Office.
d. The Disciplinary Hearing Committee shall give the person or company making the appeal a written
notice, via hand-delivery or via United States Postal Service Certified Mail Return Receipt
requested, stating the date, time and place of an appeal hearing to be conducted by the Committee.
Both the person and/or company that made the appeal and the Office are entitled to offer evidence
and argument at the appeal hearing. Following that hearing, the Committee shall render a decision
and provide written notice of their decision no later than fifteen (15) business days from the hearing
date. A decision of the Committee shall become final, if not appealed to the Patrol Division Captain,
overseeing the Tow Truck Enforcement Unit, within ten (10) business days of the date of notice of
the Committee’s decision.
e. An Adverse decision of the Disciplinary Hearing Committee may be appealed to the Patrol Division
Captain by delivering a written notice of said appeal within ten (10) business days of the date of
notice of the Disciplinary Hearing Committee’s decision. The Patrol Division Captain’s decision
shall be based upon a review of the Committee’s decision, written materials submitted at the hearing
and any additional written information (limited to five (5) pages, double-spaced) that either party
submits. The Patrol Division Captain will render a written decision within fifteen (15) business days
from the date written notice of a said appeal is received.
f. An adverse decision of the Patrol Division Captain may be appealed to the Sheriff by delivering a
written notice of final appeal within ten (10) business days of the date of notice of the Patrol
Division Captain’s decision. Additional information may not be submitted in a final appeal to the
Sheriff. Rather, the Sheriff’s decision shall be based only on a review of the written information
previously submitted to the Disciplinary Hearing Committee and to the Patrol Division Captain. The
Sheriff will render a written decision within fifteen (15) business days from the receipt of the final
notice of appeal. County shall deem and approve the Sheriff’s decision as final.
g. A person or company forfeits its right to any appeal available under the provisions hereof by failing
to timely file an appeal under this Section.
h. All notices of appeal shall be sent in writing to:
Montgomery County Sheriff’s Office,
Attn: Supervisor of Tow Truck Enforcement Unit
#1 Criminal Justice Dr., Conroe, Texas 77301.
Page 24 of 26

 

XIII. Additional Requirements
a. In the event the initial adverse action is a denial, refusal to renew or revocation of a Permit or Tow
Card issued under this Ordinance, a person or company subject to such action may submit a new
application with the Office, together with payment of the appropriate fees as follows:
(1) No earlier than one hundred and eighty (180) business days from the date of the Disciplinary
Hearing Committee’s final decision, if no appeal was made to the Patrol Division Captain or
Sheriff; or
(2) No earlier than ninety (90) business days from the date of a final decision by the Disciplinary
Hearing Committee, Patrol Division Captain or the Sheriff, in the event of an appeal, whichever
rendered the decision that is last in time.
b. As a further condition of extension or reinstatement following a suspension or revocation, the
Disciplinary Hearing Committee, Patrol Division Captain or the Sheriff may require the submission
of a new Application and payment of the appropriate Application fees in order to perform a
subsequent Non-Consent Tow.
c. The Office reserves the right at all times, prior to initiating any adverse administrative action, to
issue a verbal and/or written warning/notice of a violation to a violator of this Ordinance. In no event
is the Office obligated to issue said warning prior to initiating any adverse administrative action,
unless otherwise required by this Ordinance.
XIV. Affirmative Defenses
a. It is an affirmative defense to adverse administrative action that:
(1) The Tow Truck used to tow the vehicle was owned by the owner of the vehicle being towed,
carried or otherwise transported by the Tow Truck;
(2) The vehicle towed, carried or otherwise transported was originally picked up or loaded onto the
Tow Truck outside the unincorporated area of Montgomery County;
(3) The motor vehicle was towed pursuant to a Consent Tow at the direction of its owner, without
violating any other provision of this Ordinance;
(4) The involved towing was incidental to a lawful repossession of the towed motor vehicle and the
Tow Truck operator complied with all requirements of this Ordinance and state law that would
be applicable if the lienholder were the owner of the vehicle being towed;
(5) The Tow Truck Operator, the Towing Company and/or the Vehicle Storage Facility involved
were not required to be Permitted under this Ordinance at the time of occurrence of the alleged
violation; or
(6) The Towing Company responding to an Incident Scene was not Permitted in the Tow
Zone of the Incident Scene but was nevertheless requested by Montgomery County
Sheriff’s Office Communications.
Page 25 of 26

 

XV. Criminal Offense(s)
a. A violator of this Ordinance may be subject to adverse administrative action under this
Ordinance, as well as any other applicable civil and/or criminal penalty(ies) mandated by state
law, including but not limited to Section 2308.209 of the Texas Occupations Code, as stated
below:
“……(h) In a county in which a list is maintained under Subsection (c), a person commits an
offense if:
(1) The person arrives at the scene of a traffic accident or traffic incident to perform
a nonconsent tow of a motor vehicle without first being contacted by the sheriff’s
office;
(2) The person directly or indirectly solicits, on streets located in the county, towing
services, including towing, removing, repairing, wrecking, storing, trading, selling, or
purchasing related to a vehicle that has been damaged in an accident to the extent that
it cannot be normally and safely driven; or
(3) The person enters the scene of a traffic accident, traffic incident, or other area
under the control of a peace officer without the permission of the peace officer.
(i) An offense under Subsection (h) is a misdemeanor punishable by a fine of not less
than $1 or more than $200.”
b. An offense, which is not otherwise punishable under Section 2308.209(h) of the Texas
Occupations Code above, shall carry the criminal penalty imposed by, and in accordance with, the
applicable and governing statutory authority.

XVI. Severability and Scope
a. It is not intended, and no provision herein should be so construed, to contravene, conflict with or
contradict any applicable state law or to pre-empt any federal statute. To the extent any part or
any provision in this ordinance might otherwise be construed or deemed as conflicting with state
law, invalid, illegal and/or unenforceable in any respect, it should be construed as being limited in
its scope and applicable to only those circumstances to which it can legally apply. To the extent
that any provision or part hereof is found to be conflicting with state law, invalid, illegal or
unenforceable in any respect, it shall not affect any other provision or application thereof.
b. All references to state statutory provisions in this Ordinance shall include and encompass
successor statutes and rules as may be enacted and/or amended after the effective date of this
Ordinance.
c. All Exhibits, under Appendix ‘A’, as attached to this Ordinance, are incorporated herein and shall
be deemed part of this Ordinance. Said Exhibits may be added to, updated, removed, altered
and/or amended, in whole or in part, as mandated by the Commissioners Court of Montgomery
County, after the effective date of this Ordinance.
Exhibit(s): Appendix “A”
-Tow Rate Schedule
-Non-Consent Tow Truck Permit Application
-Tow Card Application
-Tow Truck Inspection Checklist
-Vehicle Storage Facility Permit Application
-Vehicle Storage Facility Permit
– Zone Map Index
Page 26 of 26

APPENDIX “A”

REVISED NOVEMBER 2019
MONTGOMERY COUNTY, TEXAS
TOW RATE SCHEDULE
Administrative Fees
Application – Towing Company 150.00 Per Company
Zone Permit 25.00 Per Tow Truck
Division Permit 150.00 Per Tow Truck
Countywide Permit 250.00 Per Tow Truck
Application Modification or Tow Truck Re-inspection 50.00 Each
Heavy Duty Application / Permit 500.00 Per Tow Truck
Tow Card / Tow Assistant Identification Card 15.00 Per ID Card
Vehicle Storage Facility – Application and Permit 100.00 Per Location
Light Duty Tow Fees GVWR 6,000 – 10,000 lbs.
Incident Management Tow (Includes Rollback) 250.00
Winching ‐ Flat Fee (Must be approved by a Peace Officer) 100.00
Fluid Spill Recovery, Clean-Up and Removal
(Must be approved by a Peace Officer) 50.00
Medium Duty Tow Fees GVWR 10,001 – 24,999 lbs.
Incident Management Tow 350.00
Winching ‐ Flat Fee (Must be approved by a Peace Officer) 100.00
Heavy Duty Tow Fees GVWR > 25,000 lbs.
Incident Management Tow 500.00
Haul Truck and Trailer 800.00
Air Bags (Rollover Tractor Trailers) 4,000.00
Per Hour Fees
Off Load Cargo Or Pay Load 75.00
Fork Lift 75.00
Trailer Dollies 100.00
Special Equipment (Backhoes, Sweepers, Bobcats, Etc.)
rental rate or costs per hour
Cost + 35%
Extra Man Power With Equipment 150.00
Note:
Whenever a light duty, medium duty or heavy duty tow truck service is used pursuant to this ordinance and in
response to the Montgomery County Incident Management System Rotation, the maximum amount allowed for
such services, including: tow, winch, clean-up and removal, shall not exceed the allowable fees as outlined in
approved fee schedule.
REVISED NOVEMBER 2019
MONTGOMERY COUNTY, TEXAS
NON-CONSENT TOW TRUCK PERMIT APPLICATION
(This Application Form to also be used for Permit Renewals)
New Renewal Replacement Substitute Denied PERMIT #
Company Name TDLR # Sole  Partner  Corp
Name of Partner(s) or Corporate Officer(s), Address and Phone Number for each (if applicable):
Physical Address City Zip
Mailing Address City Zip
Primary Phone Secondary Phone
Contact Person Email
Mobile Phone Fax #
Tow Truck Information
Heavy Duty Yes  No  Lift Capacity License Plate #
Year Make VIN Current Permit # if applicable
Authorized Vehicle Storage Facilities
Division Storage Facility VSF #
Address City Zip
Contact Person Email Phone
Division Storage Facility VSF #
Address City Zip
Contact Person Email Phone
Division Storage Facility VSF #
Address City Zip
Contact Person Email Phone
APPLICANT AGREES TO INDEMNIFY AND HOLD HARMLESS MONTGOMERY COUNTY IN THE EVENT OF DAMAGE TO OR LOSS OF ANY MOTOR
VEHICLE, OR THE CONTENTS THEREOF, HANDLED BY THE TOWING COMPANY OR INJURY OR DAMAGE TO ANY PERSON OR OTHER PROPERTY
AS A RESULT OF NON-CONSENT TOWING SERVICES PERFORMED BY APPLICANT OR THE TOWING COMPANY.
Applicant’s Printed Name Date Applicant’s Signature Date
Application MUST include the following documents: Vehicle Registration Listing (“cab card”); Current registration; Vehicle Inspection;
Most recent Tow Truck Invoice; Schedule of Tow Company’s Non-Consent Fees posted on TxDOT website; Original business card;
Authorization letter for use of each Vehicle Storage Facility listed on application; Evidence of insurance coverage or financial responsibility
for each tow truck; Original CERTIFICATE OF INSURANCE naming “Montgomery County, Texas” as certificate holder; and Payment of Fees
Mail to: Montgomery County Sheriff’s Office
#1 Criminal Justice Dr.
Conroe, Texas 77301
FALSIFYING ANY GOVERNMENT DOCUMENT IS A CRIME AND WILL BE PROSECUTED
REVISED NOVEMBER 2019
MONTGOMERY COUNTY, TEXAS
TOW CARD APPLICATION
 Tow Operator  Tow Assistant
This form must be submitted in person with required supportive documents for processing.
 New  Renewal  Change Date TXDL
TDLR (Incident Management Towing Operator’s) License TDLR License Issue date TDLR License Expiration date
Last Name First Middle
DOB Sex (M/F) HT WT Eyes Hair
Phone Cell Address City/Zip
Towing Company Address City/Zip
The Tow Card worn by an Operator/Assistant MUST be attached flush to the Tow Truck Operator’s/Assistant’s clothing using a
badge clip or pin, worn around the neck using a breakaway lanyard. No motor vehicle will be loaded, recovered and towed using
any tow truck not properly equipped and qualified to handle that vehicle, and any motor vehicle loaded, recovered and towed by
the applicant as a tow truck operator pursuant to non-consent towing services will be loaded, recovered and towed pursuant to
safe procedures.
I, the applicant, do solemnly swear that the following statements are true and correct by initialing each statement and
understand that a Criminal History Check will be conducted.
The applicant has not been convicted within the past three years:
o A Serious Traffic Violation
o Leaving the scene of an accident
o A Violation of law that regulates the operation of a motor vehicle at a railroad crossing
o Driving a motor vehicle under the influence of alcohol or controlled substance
o Using a motor vehicle in the commission of a felony
o Causing the death of another person through negligence or criminal operation of a motor vehicle
o Driving a motor vehicle while license was revoked, suspended, cancelled or while otherwise disqualified from
driving
A conviction of any of the above could result in denial of the tow card.
The applicant is not addicted to the use of alcohol, controlled substance or another drug that renders a person
incapable of driving, and applicant has not refused to submit to a test during the last year to determine alcohol
concentration or the presence of a controlled substance/ drug while operating a commercial motor vehicle.
Analysis during the last year of the applicant’s blood, breath, urine under TEX, TRANSP. CODE 522, 524, or 724 would
not disqualify the applicant from driving a commercial vehicle.
Applicant does not hold a driver’s license issued by another State or another country that has been revoked, cancelled
or suspended.
Applicant has not been determined by a judgement of a court to be mentally incompetent, unless declared restored to
competency by a court or certificate of competency issued by an attending hospital physician; and
Applicant does not have any mental or physical disability that prevents the person from exercising reasonable and
ordinary control over operation of a Tow Truck.
The applicant agrees to indemnify and hold harmless Montgomery County against any claim of damage to a motor vehicle
towed, or the contents thereof, and against any injury or damage to any person or another vehicle as a result of non-consent
towing services performed by applicant. Applicant acknowledges that failure to notify the Department within 20 days of change
of employer may result in suspension or revocation of operator’s permit.
Applicant Signature Date
Official Use Only
CCH Clear Tow Card Issued Tow Card Denied, Reason for Denial Date/Initials
FALSIFYING ANY GOVERNMENT DOCUMENT IS A CRIME AND WILL BE PROSECUTED
REVISED NOVEMBER 2019
MONTGOMERY COUNTY, TEXAS
TOW TRUCK INSPECTION CHECK LIST

☐ Approved ☐ Denied Date Inspector
Company Name TDLR#
Business Phone E-mail
Physical Address City Zip
Mailing Address (If Different) City Zip
Contact Person Cell Phone
Tow Truck Information
Heavy Duty Yes  No  Lift Capacity License Plate#
Year Make VIN Current Permit # if applicable
VSF# Storage Address
VSF# Storage Address
VSF# Storage Address
Permitted Divisions/Zones
East Division ☐ 1E ☐ 2E ☐ 3E ☐ 4E ☐ 5E ☐ 6E ☐ 7E ☐ 8E ☐ 9E
West Division ☐ 1W ☐ 2W ☐ 3W ☐ 4W ☐ 5W ☐ 6W ☐ 7W
South Division ☐ 1S ☐ 2S ☐ 3S ☐ 4S ☐ 5S ☐ 6S ☐ 7S ☐ 8S
Truck Type
Rollback W/Wheel Lift  Yes  No
Rollback W/O Wheel Lift  Yes  No
Sling Truck W/Wheel Lift  Yes  No
Wheel Lift Only  Yes  No
Hydraulic lines/cylinder  Yes  No
free of leaks
Truck Equipment
Headlights  High Low
Tail Lights  L  R
Turn Signals  L  R
Hazard Lights  Yes  No
Brake Lights  L  R
Mirrors  L  R
Rearview  Yes  No
Copy of State MVI report  Yes  No
Power Winch Line & boom (Not to exceed 8000 lbs.)  Yes  No
Ropes/Straps  Yes  No
Safety Chains  Yes  No
Fire Extinguisher (10 lbs. or 2 -5 lbs.)  Yes  No
Crow/Wrecking Bar  Yes  No
Broom  Yes  No
Shovel  Yes  No
Closed or Sealable Container  Yes  No
Flashlight  Yes  No
Magnetic Tow Lights  Yes  No
Amber Warning Lights (46 inches wide Min.)  Yes  No
Work Lights  Yes  No
Flares/Safety Reflectors/18” Orange Cones  Yes  No
Reflective Vest (ANSI/ISEA)  Yes  No
Correct Graphics (Per Art. 2 Sec. 1 MCSO Rules/Reg.  Yes  No
County ID (Active/Proper Company)  Yes  No
TDLR ID (Active)  Yes  No
Inspector Signature:
Owner/Operator Signature:
REVISED NOVEMBER 2019
MONTGOMERY COUNTY, TEXAS
VEHICLE STORAGE FACILITY PERMIT APPLICATION
New Renewal Substitute Denied
Company Name TDLR #
Sole Proprietorship  Corp  Limited Liability Partnership  Limited Liability Company
Name of Partner(s) or Corporate Officer(s), Address and Phone Number for each (if applicable):
Physical Address City Zip
Mailing Address City Zip
Business Phone Fax
Contact Person Email
Mobile Phone Federal ID #
Storage Lot Capacity:  50 vehicles or fewer  51-99 vehicles  100 vehicles or more
APPLICANT AGREES TO INDEMNIFY AND HOLD HARMLESS MONTGOMERY COUNTY IN THE EVENT OF DAMAGE TO OR
LOSS OF ANY MOTOR VEHICLE, OR THE CONTENTS THEREOF, HANDLED BY THE VEHCILE STOREAGE FACILITY OR
INJURY OR DAMAGE TO ANY PERSON OR OTHER PROPERTY AS A RESULT OF NON-CONSENT STORAGE SERVICES
PERFORMED BY APPLICANT OR THE VEHCILE STORAGE FACILITY. I, THE APPLICANT, DO UNDERSTAND THAT A
CRIMINAL HISTORY CHECK WILL BE CONDUCTED.
Applicant’s Printed Name Date Applicant’s Signature Date
Application MUST include the following documents/requirements:  Evidence of insurance coverage or financial
responsibility for each Vehicle Storage Facility; Original CERTIFICATE OF INSURANCE naming “Montgomery County,
Texas” as certificate holder; Lot requirements: ☐ 6 ft. fence with gate ☐ All weather lot surface ☐ Lighting 1-250 watt
element per ¼ acre ☐ Signage per TDLR guidelines 16 Texas Administrative Code, Chapter 85, Section 85.1003 ☐
Original business card ☐ Vehicle Storage Facility invoice (voided) and  Payment of Fees
Mail to: Montgomery County Sheriff’s Office
#1 Criminal Justice Dr.
Conroe, Texas 77301
FALSIFYING ANY GOVERNMENT DOCUMENT IS A CRIME AND WILL BE PROSECUTED
MONTGOMERY COUNTY SHERIFF’S OFFICE
#1 CRIMINAL JUSTICE DR.  CONROE, TEXAS 77301
SHERIFF RAND HENDERSON
CONROE: 9367605871
Vehicle Storage Facility Permit
PLEASE DISPLAY IN PLAIN VIEW AT STORAGE FACILITY
Vehicle Storage Facility – Enforcement
Phone: 936-760-5800  E-mail: [email protected]
Permit # Date Issued Expiration Date
Issued to
Attn
Billing Address
Applicant Signature Inspector’s Signature
East Division
Law Zones
West Division
Law Zones
South Division
Law Zones
*City Division
Law Zones
1E 1W 1S CL
2E 2W 2S CO
3E 3W 3S HO
4E 4W 4S MA
5E 5W 5S MO
6E 6W 6S OR
7E 7W 7S PA
8E 8S PV
9E RF
SD
SH
ST
WB
WI
*City Division Law Zones are included within applicable unincorporated Montgomery County zones.
ZONE MAP INDEX

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