Austin Area Towing

Austin - the First City Some Legislators see when Reviewing Towing Laws

By Jess Horton - Assured Towing Inc.

Why join the Austin Towing Association?

The City of Austin is often thought of as laid-back, but the City represents different lifestyles and attitudes. We have 6th Street and Hippie Hollow, at the same time we host the "Body Politic" that is the State Capitol of Texas. However, what is important for the Texas Towing Industry, is that we, the towing companies within Metropolitan Austin are often the first reflection that State Legislators look at when contemplating changes in the laws that govern our industry. As such, our daily actions often determine the future towing and impound legislation for the State of Texas and possibly the nation.

Congressional representatives come and go, but Austin is where the political magic of Texas happens on a daily basis. We need to keep this in mind when we are out there conducting business as usual. New laws and legislative attempts in the last few years have increased the rules by which we live, some good, and some not so good. Moreover, a congressional representative who has experienced an incident in which a towing company was involved, draft many of these laws. The experience with that towing company or its employee good, bad, or indifferent is often reflected in future legislation. With our companies so close to the legislation side of the State, and with the laws governing the Towing Industry so inflexible, it is necessary for us to come together as an association and create a set of rules by which to operate. If we do not begin to manage ourselves more effectively as an industry, others will do it for us.

In the 2007 monthly meetings of the Austin Towing Association, we will openly discuss ways to help our industry, and define ways in which members of Austin Towing Association can in the mind of the public at large, present a more Professional Organization and establish a protective guideline to preserve the good we so cherish today. It is up to everyone to make this happen; it only takes one unfortunate event to to taint the entire industry.

In summation, here is why you should join. If you are engaged in the Towing and Storage Lot industry in Travis, Williamson or Hays Counties , it's time to make your opinions count and your voice heard by becoming member of the Austin Towing Association. This is a notable time in the towing industry, and you should be part of the decision making process. As an association, we create not only strength, but complete unification of the industry, this draws attention to our cause and creates respect, Professional Respect, Legal Respect, and Public Respect.

I encourage Members to speak freely on the benefits of association, persuade your friends and competitors to join. It could just make the difference, the strength of one consolidated voice benefits us all.

For membership details contact Billy Davenport (512) 748-9932

 

CONSTITUTION AND BY-LAWS

ARTICLE 1 - NAME

The name of the Association shall be, and is the Austin Towing Association, a nonprofit corporation with its central office in Austin, Texas, hereafter referred to as the Association.

ARTICLE 2 - PRECEPTS

  • The Association is formed, fostered and nurtured
  • to serve the public interest;
  • to provide the public with adequate and professional services, operating with safety and dispatch using quality equipment and effective services and using well-trained and courteous personnel;
  • to make possible the maximum in cooperation with the government and the law enforcement agencies;
  • to promote economic stability and profitability for its members through the dissemination of information on cost saving practices, and economy through group activities;
  • to foster and promote friendly, cooperative relationships among all professional wrecker operations and their principles;
  • to maintain relationships between members, on the one hand, and governmental agencies, affiliated businesses and the public, on the other hand, to the end that the latter can better understand the problems and contributions made by the members;
  • to encourage enlightened legislation, ordinances, rules, and regulations of regulatory bodies, which will enable the industry represented by the members to accomplish more completely these PRECEPTS.
  • ARTICLE 3 - CODE OF ETHICS

Members shall encourage the American Free Enterprise System.

  • Each member owes a duty of integrity, honor, fair dealing and courtesy to the general public in the operation of all facets of its business.
  • Cleanliness and neatness of equipment and employees are important features of public contact.
  • Members shall comply with all city, country, state, and federal laws and it shall be the duty of the Association to keep its members informed as to them and to their applications, as well as the rules and regulations implemented by all the regulatory bodies designed to administer and enforce such laws.
  • No member shall do anything to make any utterance which conceivably might injure the reputation of any member or nonmember competitor.
  • Members shall employ truth and accuracy in advertising and soliciting, and shall honor any commitments made in the course of business.
  • Members shall bring to the attention of the Association's office any information believed to be a violation of any law or regulation and aid the enforcement of all laws and regulations.
  • Members shall strive to improve their internal business methods and strengthen the economic well-being to the end of being better able to serve the public and conform to the Constitution bylaws.
  • ARTICLE 4 - MEMBERSHIP

A. There shall be the following class of membership:

  • ACTIVE - owners of towing services to which the operation of a motor vehicle towing equipment is an integral part of the economic viability of the business and not incidental to a repair or service facility.
  • ALLIED - persons, or businesses or agencies engaged in business related to this industry and sympathetic to the precepts hereof. Allied members will not hold office nor will they vote. Allied members may show their wares before and after each general meeting.
  • B. Application for membership shall be upon forms prescribed by the Board of Directors. Should the complete information submitted, show the applicant conforms to this Constitution and bylaws, such application shall automatically be effective.

C. Membership may be terminated at any time by a majority of the full board of directors for any reason sufficient to the Board that the terminated member did not conform to this Constitution and by-laws. No refund of dues will be made.

ARTICLE 5 - DUES

  • FISCAL YEAR - the fiscal year shall begin January 1 and shall end December 31. Any member joining during a month shall owe dues for that month.
  • MEMBERSHIP ANNUAL DUES - dues are four hundred and twenty dollars ($420.00) per year and maybe paid yearly or quarterly, but not less than monthly. Dues are payable in advance.
  • ALLIED MEMBERS DUES - Allied member dues are five hundred dollars ($500.00), payable annually. Dues are payable in advance.
  • ARTICLE 6 - ADMINISTRATION

A. ELIGIBILITY - any active member in good standing

B. GOVERNMENT - the affairs of the association shall be managed by a Board of Directors of not fewer than seven members comprised of the President, First Vice President, Secretary, Treasurer and three additional Vice Presidents, elected by the membership.

C. OFFICERS - the elective officers of the Association shall be the President, First Vice President, three additional Vice Presidents, Secretary, and Treasurer. These officers shall be elected by the membership at the annual meeting of the Association. At such meeting, nominees shall be recommended by a nominating committee and may also be nominated by any voting member attending the meeting. Each elected officer as shall take office at the annual meeting and serve for a term of one year or until a successor is duly elected and qualified. Officers may serve successive terms.

  • PRESIDENT - the President shall be the chief officer and executive director of the Association. The President is responsible for the management of the Association and such other duties as may be prescribed by the Board of Directors. The President shall mail out an agenda of each upcoming meeting to each active member in good standing. This agenda shall list all business for the next meeting.
  • VICE PRESIDENTS - there shall be four Vice President's elected by the membership at the annual meeting. Those elected shall be designated as First, Second, Third and Fourth Vice Presidents. The First Vice President shall serve as executive in the absence of the President. The President shall assign various duties to the Vice Presidents.
  • SECRETARY - the Secretary will record the minutes of each membership meeting and Board of Directors meeting. The Secretary will report these minutes out the following membership meeting for approval by the membership.
  • TREASURER - the treasure will maintain all Association bank records and initiate all payments of Association expenses and collections of Association dues and other funds. A financial report will be given at each membership meeting.
  • D. Board members shall be compensated by the Association for their expenses.

ARTICLE 7 - COMMITTEES

A. The President, subject to the approval of the Board of Directors, shall appoint such committees as may be found necessary. Committees may also be formed by vote of the membership at meetings.

B. The Nominating Committee shall consist of four members. Two members will be from the Board, selected by the Board, and two members shall be selected from the active membership.

ARTICLE 8 - FINANCES

A. The fiscal year shall commence January 1 and end December 31.

B. The Association's funds shall be kept in a Financial Institution convenient to the Association office.

C. All checks shall be signed by the President, Secretary and or Treasure. Each check must be signed by two officers.

ARTICLE 9 - MEETINGS AND ELECTIONS

A. The Annual Meeting shall be held in the month of January each year.

B. There shall be a general meeting held on a designated day each quarter. Special meetings will be set by the President and the direction of the Board of Directors.

C. At the Annual Meeting, the election of the Board of Directors and Officers shall be held. Terms of the officers shall be one year and the offices may succeed themselves. The President shall send a slate of candidates to the membership at least 30 days prior to the annual meeting.

D. The Board of Directors may appoint someone to fill any vacancy until the next Annual Meeting.

E. A Quorum of the Annual Meeting shall be 66 2/3 percent of the membership in good standing.

F. Each member shall designate the person who shall represent it at a meeting. If none is so designated, any partner in the office of the member company may represent the member. Proxies are permitted.

ARTICLE 10 - AGENDA

An agenda listing all business to be discussed will be mailed to each member in good standing. No new business (business not listed on the agenda) will be voted on at the current meeting, but will be placed on the agenda for the following meeting.

ARTICLE 11 - VOTING

All voting will be done by a "CALL FOR A VOTE" by the Secretary, reading the names of the members in good standing, in attendance. Only votes totaling 50% of these members will be a majority vote.

ARTICLE 12 - AMENDMENTS

  • These by laws may be amended, repealed or altered, in whole or in part, by the Board of Directors, with the approval of 66 2/3 percent majority vote at any duly organized meeting of the Association membership, provided that a copy of any amendments proposed for consideration shall be mailed to the last recorded address of each active member at least 30 days prior to the date of the meeting.
  • The amendment will be effective immediately upon approval of the membership.
  • ARTICLE 13 - DISSOLUTION

On dissolution of the Association any funds remaining shall be distributed to one or more charities to be selected by the Board of Directors.