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Council adopts ordinance to align Nacogdoches tow-truck rules with state law
Summary
The City Council approved an amendment to Chapter 102 (Tow truck and vehicle storage) removing local permitting/inspection and local fee caps so the city code aligns with the Texas Occupations Code and the Texas Regulatory Consistency Act; vote was unanimous.
The Nacogdoches City Council on Feb. 3 voted unanimously to amend Chapter 102 of the city code to align local tow-truck regulation with state law. Jerry Baker, the city attorney, told council the proposed amendment removes local permitting and inspection requirements, eliminates local fee limits for nonconsent tows and adjusts definitions so the city code mirrors the Texas Department of Licensing and Regulation (TDLR) and the Texas Occupations Code.
Baker said the change responds to the Texas Regulatory Consistency Act (commonly called the "Death Star" bill in discussion) and a July 2025 decision by the Austin Court of Appeals that reinstated parts of that law. "The act has been reinstituted and is current law as we have it," Baker said. He recommended the city adopt the state framework to avoid conflict and potential legal challenges.
Council members asked whether the change would raise towing costs for nonconsent tows; Baker said state limits could allow higher fees than prior local caps and that tow operators must maintain their TDLR license. A motion to adopt the ordinance passed unanimously.
