Sec. 2308.251. Prohibition Against Unattended Vehicles in Certain Areas
(a) The owner or operator of a vehicle may not leave unattended on a parking facility a vehicle that:
(1) is in or obstructs a vehicular traffic aisle, entry, or exit of the parking facility;
(2) prevents a vehicle from exiting a parking space in the facility;
(3) is in or obstructs a fire lane marked according to Subsection (c); or
(4) does not display the special license plates issued under Section 504.201, Transportation Code, or the disabled parking
placard issued under Chapter 681, Transportation Code, for a vehicle transporting a disabled person and is in a parking
space that is designated for the exclusive use of a vehicle transporting a disabled person.
(b) Subsection (a) does not apply to an emergency vehicle that is owned by, or the operation of which is authorized by, a
governmental entity.
(c) If a government regulation governing the marking of a fire lane applies to a parking facility, a fire lane in the facility must
be marked as provided by the regulation. If a government regulation on the marking of a fire lane does not apply to the
parking facility, all curbs of fire lanes must be painted red and be conspicuously and legibly marked with the warning "FIRE
LANE--TOW AWAY ZONE" in white letters at least three inches tall, at intervals not exceeding 50 feet.
Sec. 2308.252. Removal and Storage of Unauthorized Vehicle
(a) A parking facility owner may, without the consent of the owner or operator of an unauthorized vehicle, cause the vehicle
and any property on or in the vehicle to be removed and stored at a vehicle storage facility at the vehicle owner's or
operator's expense if:
(1) signs that comply with Subchapter G prohibiting unauthorized vehicles are located on the parking facility at the time of
towing and for the preceding 24 hours and remain installed at the time of towing;
(2) the owner or operator of the vehicle has received actual notice from the parking facility owner that the vehicle will be
towed at the vehicle owner's or operator's expense if it is in or not removed from an unauthorized space;
(3) the parking facility owner gives notice to the owner or operator of the vehicle under Subsection (b); or
(4) on request the parking facility owner provides to the owner or operator of the vehicle information on the name of the
towing company and vehicle storage facility that will be used to remove and store the vehicle and the vehicle is:
(A) left in violation of Section 2308.251 or 2308.253; or
(B) in or obstructing a portion of a paved driveway or abutting public roadway used for entering or exiting the facility.
(b) A parking facility owner is considered to have given notice under Subsection (a)(3) if:
(1) conspicuous notice has been attached to the vehicle's front windshield or, if the vehicle has no front windshield, to a
conspicuous part of the vehicle stating:
(A) that the vehicle is in a parking space in which the vehicle is not authorized to be parked;
(B) description of all other unauthorized areas in the parking facility;
(C) that the vehicle will be towed at the expense of the owner or operator of the vehicle if it remains in an unauthorized area
of the parking facility; and
(D) a telephone number that is answered 24 hours a day to enable the owner or operator of the vehicle to locate the vehicle;
and
(2) a notice is mailed after the notice is attached to the vehicle as provided by Subdivision (1) to the owner of the vehicle by
certified mail, return receipt requested, to the last address shown for the owner according to the vehicle registration records
of the Texas Department of Transportation, or if the vehicle is registered in another state, the appropriate agency of that
state.
(c) The notice under Subsection (b)(2) must:
(1) state that the vehicle is in a space in which the vehicle is not authorized to park;
(2) describe all other unauthorized areas in the parking facility;
(3) contain a warning that the unauthorized vehicle will be towed at the expense of the owner or operator of the vehicle if it is
not removed from the parking facility before the 15th day after the postmark date of the notice; and
(4) state a telephone number that is answered 24 hours a day to enable the owner or operator to locate the vehicle.
(d) The mailing of a notice under Subsection (b)(2) is not required if after the notice is attached under Subsection (b)(1) the
owner or operator of the vehicle leaves the vehicle in another location where parking is unauthorized for the vehicle
according to the notice.
Sec. 2308.253. Unattended Vehicles on Parking Facility of Apartment Complex; Removal and Storage of Vehicles
(a) This section applies only to a parking facility serving or adjacent to an apartment complex consisting of one or more
residential apartment units and any adjacent real property serving the apartment complex.
(b) The owner or operator of a vehicle may not leave unattended on a parking facility a vehicle that:
(1) obstructs a gate that is designed or intended for the use of pedestrians or vehicles;
(2) obstructs pedestrian or vehicular access to an area that is used for the placement of a garbage or refuse receptacle
used in common by residents of the apartment complex;
(3) is in or obstructs a restricted parking area or parking space designated under Subchapter G, including a space
designated for the use of employees or maintenance personnel of the parking facility or apartment complex;
(4) is in a tow away zone, other than a fire lane covered by Section 2308.251(c), that is brightly painted and is conspicuously
and legibly marked with the warning "TOW AWAY ZONE" in contrasting letters at least three inches tall;
(5) is a semitrailer, trailer, or truck-tractor, as defined by Chapter 502, Transportation Code, unless the owner or operator of
the vehicle is permitted under the terms of a rental or lease agreement with the apartment complex to leave the unattended
vehicle on the parking facility; or
(6) is leaking a fluid that presents a hazard or threat to persons or property.
(c) A parking facility owner may not have an emergency vehicle described by Section 2308.251(b) removed from the parking
facility.
(d) Except as provided by a contract described by Subsection (e), a parking facility owner may not have a vehicle removed
from the parking facility merely because the vehicle does not display:
(1) an unexpired license plate or registration insignia issued for the vehicle under Chapter 502, Transportation Code, or the
vehicle registration law of another state or country; or
(2) a valid vehicle inspection certificate issued under Chapter 548, Transportation Code, or the vehicle inspection law of
another state or country.
(e) A contract provision providing for the removal from a parking facility of a vehicle that does not display an unexpired
license plate or registration insignia or a valid inspection certificate is valid only if the provision requires the owner or
operator of the vehicle to be given at least 10 days' written notice that the vehicle will be towed from the facility at the vehicle
owner's or operator's expense if it is not removed from the parking facility. The notice must be:
(1) delivered in person to the owner or operator of the vehicle; or
(2) sent by certified mail, return receipt requested, to that owner or operator.
(f) This section may not be construed:
(1) to authorize the owner or operator of a vehicle to leave an unattended vehicle on property that is not designed or
intended for the parking of vehicles; or
(2) to limit or restrict the enforcement of Chapter 683, Transportation Code, the abandoned motor vehicle law.
(g) A provision of an apartment lease or rental agreement entered into or renewed on or after January 1, 2004, that is in
conflict or inconsistent with this section is void and may not be enforced.
Sec. 2308.254. Limitation on Parking Facility Owner’s Authority to Remove Unauthorized Vehicle
A parking facility owner may not have an unauthorized vehicle removed from the facility except:
(1) as provided by this chapter or a municipal ordinance that complies with Section 2308.208; or
(2) under the direction of a peace officer or the owner or operator of the vehicle.
Sec. 2308.255. Towing Company’s Authority to Remove and Store Unauthorized Vehicle
(a) A towing company that is insured as provided by Subsection (c) may, without the consent of an owner or operator of an
unauthorized vehicle, remove and store the vehicle at a vehicle storage facility at the expense of the owner or operator of the
vehicle if:
(1) the towing company has received written verification from the parking facility owner that:
(A) the parking facility owner has installed the signs required by Section 2308.252(a)(1); or
(B) the owner or operator received notice under Section 2308.252(a)(2) or the parking facility owner gave notice complying
with Section 2308.252(a)(3); or
(2) on request the parking facility owner provides to the owner or operator of the vehicle information on the name of the
towing company and vehicle storage facility that will be used to remove and store the vehicle and the vehicle is:
(A) left in violation of Section 2308.251; or
(B) in or obstructing a portion of a paved driveway or abutting public roadway used for entering or exiting the facility and the
removal is approved by a peace officer.
(b) A towing company may not remove an unauthorized vehicle except under:
(1) this chapter;
(2) a municipal ordinance that complies with Section 2308.208; or
(3) the direction of a peace officer or the owner or operator of the vehicle.
(c) Only a towing company that is insured against liability for property damage incurred in towing a vehicle may remove and
store an unauthorized vehicle under this section.
(d) A towing company may remove and store a vehicle under Subsection (a) only if the parking facility owner:
(1) requests that the towing company remove and store the specific vehicle; or
(2) has a standing written agreement with the towing company to enforce parking restrictions in the parking facility from which
the vehicle will be removed.
Sec. 2308.256. Vehicle Storage Facility’s Duty to Report After Accepting Unauthorized Vehicle
(a) A vehicle storage facility accepting a vehicle that is towed under this chapter shall within two hours after receiving the
vehicle report to the police department of the municipality which the vehicle was towed, or, if the vehicle was towed from a
location that is not in a municipality with a police department, to the sheriff of the county from which the vehicle was towed:
(1) a general description of the vehicle;
(2) the state and number of the vehicle's license plate, if any;
(3) the vehicle identification number of the vehicle, if it can be ascertained;
(4) the location from which the vehicle was towed; and
(5) the name and location of the vehicle storage facility where the vehicle is being stored.
(b) The report required by this section must be made by telephone or delivered personally or by facsimile.
Subchapter G. Signs prohibiting unauthorized vehicles and designating restricted areas
Sec. 2308.301. General Requirements for Sign Prohibiting Unauthorized Vehicles
(a) Except as provided by Subsection (a)(2)(B) and Section 2308.304 or 2308.305 an unauthorized vehicle may not be towed
under Section 2308.252(a)(1) unless a sign prohibiting unauthorized vehicles on a parking facility is:
(1) facing and conspicuously visible to the driver of a vehicle that enters the facility;
(2) located:
(A) on the right or left side of each driveway or curb-cut through which a vehicle can enter the facility, including an entry from
an alley abutting the facility; or
(B) at intervals along the entrance so that no entrance is farther than 25 feet from a sign if:
(i) curbs, access barriers, landscaping, or driveways do not establish definite vehicle entrances onto a parking facility from a
public roadway other than an alley; and
(ii) the width of an entrance exceeds 35 feet;
(3) permanently mounted on a pole, post, permanent wall, or permanent barrier;
(4) installed on the parking facility; and
(5) installed so that the bottom edge of the sign is no lower than five feet and no higher than eight feet above ground level.
(b) Except as provided by Section 2308.305, an unauthorized vehicle may be towed under Section 2308.252(a)(1) only if
each sign prohibiting unauthorized vehicles:
(1) is made of weather-resistant material;
(2) is at least 18 inches wide and 24 inches tall;
(3) contains the international symbol for towing vehicles;
(4) contains a statement describing who may park in the parking facility and prohibiting all others;
(5) bears the words "Unauthorized Vehicles Will Be Towed at Owner's or Operator's Expense";
(6) contains a statement of the days and hours of towing enforcement; and
(7) contains a number, including the area code, of a telephone that is answered 24 hours a day to enable an owner or
operator of a vehicle to locate the vehicle.
Sec. 2308.302. Color, Layout, and Lettering Height Requirements
(a) Except as provided by Section 2308.305, each sign required by this chapter must comply with the color, layout, and
lettering height requirements of this section.
(b) A bright red international towing symbol, which is a solid silhouette of a tow truck towing a vehicle on a generally
rectangular white background, at least four inches in height, must be on the uppermost portion of a sign or on a separate
sign placed immediately above the sign.
(c) The portion of the sign immediately below the international towing symbol must contain the words "Towing Enforced" or
the information provided by Section 2308.301(b)(4) in lettering at least two inches in height. The lettering on this portion of
the sign must consist of white letters on a bright red background.
(d) Except as provided by Subsection (e), the next lower portion of the sign must contain the remaining information required
by Section 2308.301(b) displayed in bright red letters at least one inch in height on a white background.
(e) The bottommost portion of the sign must contain the telephone number required by Section 2308.301(b), in lettering at
least one inch in height and may, if the facility owner chooses or if an applicable municipal ordinance requires, include the
name and address of the storage facility to which an unauthorized vehicle will be removed. The lettering on this portion of the
sign must consist of white letters on a bright red background.
Sec. 2308.303. Telephone Number for Locating Towed Vehicle Required
If a parking facility owner posts a sign described by Sections 2308.301 and 2308.302, the owner of a vehicle that is towed
from the facility under this chapter must be able to locate the vehicle by calling the telephone number on the sign.
Sec. 2308.304. Designation of Restricted Parking Spaces on Otherwise Unrestricted Parking Facility
A parking facility owner may designate one or more spaces as restricted parking spaces on a portion of an otherwise
unrestricted parking facility. Instead of installing a sign at each entrance to the parking facility as provided by Section
2308.301(a)(2), an owner may place a sign that prohibits unauthorized vehicles from parking in designated spaces and that
otherwise complies with Sections 2308.301 and 2308.302:
(1) at the right or left side of each entrance to a designated area or group of parking spaces located on the restricted portion
of the parking facility; or
(2) at the end of a restricted parking space so that the sign, the top of which must not be higher than seven feet above the
ground, is in front of a vehicle that is parked in the space and the rear of which is at the entrance of the space.
Sec. 2308.305. Individual Parking Restrictions in Restricted Area
(a) A parking facility owner who complies with Sections 2308.301 and 2308.302 may impose further specific parking
restrictions in an area to which the signs apply for individual spaces by installing or painting a weather-resistant sign or notice
on a curb, pole, post, permanent wall, or permanent barrier so that the sign is in front of a vehicle that is parked in the space
and the rear of which is at the entrance of the space.
(b) The top of the sign or notice may not be higher than seven feet above the ground.
(c) The sign or notice must include an indication that the space is reserved for a particular unit number, person, or type of
person.
(d) The letters on the sign or notice must be at least two inches in height and must contrast to the color of the curb, wall, or
barrier so they can be read during the day and at night. The letters are not required to be illuminated or made of reflective
material.
Subchapter H. Regulation of parking on certain public roadway areas
Sec. 2308.351. Removal of Unauthorized Vehicle from Leased Right-Of-Way
Unless prohibited by the lease, a parking facility owner or towing company may remove an unauthorized vehicle parked in a
leased area described by Section 2308.002(7)(B)(i) if the owner or towing company gives notice under Section 2308.252(a)
(1), (2), or (3) and otherwise complies with this chapter.
Sec. 2308.352. Removal of Unauthorized Vehicle from Area Between Parking Facility and Public Right-Of-Way
Unless prohibited by a municipal ordinance, a parking facility owner or towing company may remove an unauthorized vehicle
any part of which is in an area described by Section 2308.002(7)(B)(ii) if notice provided by Section 2308.252(a)(2) or (3) is
given and the owner or towing company has otherwise complied with this chapter.
Sec. 2308.353. Removal Under Governmental Entity’s Authority of Unauthorized Vehicle Parked in Right-Of-Way
(a) A governmental entity that has jurisdiction over a public roadway and that has posted one or more signs in the Right-of-
way stating that parking is prohibited in the Right-of-way may:
(1) remove or contract with a towing company to remove an unauthorized vehicle parked in the Right-of-way of the public
roadway; or
(2) grant written permission to an abutting parking facility owner to:
(A) post one or more "No parking in R.O.W." signs along a common property line of the facility and the roadway; and
(B) remove vehicles from the Right-of-way of the public roadway under this chapter.
(b) A sign under Subsection (a)(2) must:
(1) state that a vehicle parked in the Right-of-way may be towed at the expense of the owner or operator of the vehicle;
(2) be placed facing the public roadway:
(A) on the parking facility owner's property not more than two feet from the common boundary line; and
(B) at intervals so that no point in the boundary line is less than 25 feet from a sign posted under this subsection; and
(3) in all other respects comply with Subchapter G.
(c) After signs have been posted under Subsection (b), the parking facility owner or a towing company may remove an
unauthorized vehicle from the Right-of-way subject to the governmental entity's written permission given under Subsection (a)
(2).
Sec. 2308.354. Authority for Removal of Vehicle from Public Roadway
(a) Under an ordinance of a municipality regulating the parking of vehicles in the municipality, to aid in the enforcement of the
ordinance, an employee designated by the municipality may be authorized to:
(1) immobilize a vehicle parked in the municipality; and
(2) remove an immobilized vehicle from a public roadway in the municipality.
(b) A parking facility owner or towing company may not remove a vehicle from a public roadway except under:
(1) this chapter or a municipal ordinance that complies with Section 2308.208; or
(2) the direction of a peace officer or the owner or operator of the vehicle.
Subchapter I. Regulation of Towing Companies and Parking Facility Owners
Sec. 2308.401. Parking Facility Owner Prohibited from Receiving Financial Gain from Towing Company
(a) A parking facility owner may not directly or indirectly accept anything of value from a towing company in connection with
the removal of a vehicle from a parking facility.
(b) A parking facility owner may not have a direct or indirect monetary interest in a towing company that for compensation
removes unauthorized vehicles from a parking facility in which the parking facility owner has an interest.
Sec. 2308.402. Towing Company Prohibited from Financial Involvement with Parking Facility Owner
(a) A towing company may not directly or indirectly give anything of value to a parking facility owner in connection with the
removal of a vehicle from a parking facility.
(b) A towing company may not have a direct or indirect monetary interest in a parking facility from which the towing company
for compensation removes unauthorized vehicles.
Sec. 2308.403. Limitation on Liability of Parking Facility Owner for Removal or Storage of Unauthorized Vehicle
A parking facility owner who causes the removal of an unauthorized vehicle is not liable for damages arising from the removal
or storage of the vehicle if the vehicle:
(1) was removed in compliance with this chapter; and
(2) is:
(A) removed by a towing company insured against liability for property damage incurred in towing a vehicle; and
(B) stored by a vehicle storage facility insured against liability for property damage incurred in storing a vehicle.
Sec. 2308.404. Civil Liability of Towing Company or Parking Facility Owner for Violation of Chapter
(a) A towing company or parking facility owner who violates this chapter is liable to the owner or operator of the vehicle that is
the subject of the violation for:
(1) damages arising from the removal or storage of the vehicle; and
(2) towing or storage fees assessed in connection with the vehicle's removal or storage.
(b) A vehicle's owner or operator is not required to prove negligence of a parking facility owner or towing company to recover
under Subsection (a).
(c) A towing company or parking facility owner who intentionally, knowingly, or recklessly violates this chapter is liable to the
owner or operator of the vehicle that is the subject of the violation for $1000 plus three times the amount of fees assessed in
the vehicle's removal, towing, or storage.
(d) In a suit brought under this chapter, the prevailing party is entitled to recover reasonable attorney's fees.
Sec. 2308.405. Criminal Penalty:
A person commits an offense if the person violates this chapter. An offense under this section is a misdemeanor punishable
by a fine not less than $500 or more than $1500 unless it is shown on the trial of the offense that the person knowingly or
intentionally violated this chapter, in which event the offense is a Class B misdemeanor.
Sec. 2308.406. Violation of Chapter; Injunction
A violation of this chapter may be enjoined under Subchapter E, Chapter 17, Business & Commerce Code.
Sec. 2308.407. Minor Sign or Lettering Height Variations
A minor variation of a required or minimum height of a sign or lettering is not a violation of this chapter.
Notice, the wording in "blue" reflects the changes made in the 81st Legislature effective September 1, 2009.
(a) The owner or operator of a vehicle may not leave unattended on a parking facility a vehicle that:
(1) is in or obstructs a vehicular traffic aisle, entry, or exit of the parking facility;
(2) prevents a vehicle from exiting a parking space in the facility;
(3) is in or obstructs a fire lane marked according to Subsection (c); or
(4) does not display the special license plates issued under Section 504.201, Transportation Code, or the disabled parking
placard issued under Chapter 681, Transportation Code, for a vehicle transporting a disabled person and is in a parking
space that is designated for the exclusive use of a vehicle transporting a disabled person.
(b) Subsection (a) does not apply to an emergency vehicle that is owned by, or the operation of which is authorized by, a
governmental entity.
(c) If a government regulation governing the marking of a fire lane applies to a parking facility, a fire lane in the facility must
be marked as provided by the regulation. If a government regulation on the marking of a fire lane does not apply to the
parking facility, all curbs of fire lanes must be painted red and be conspicuously and legibly marked with the warning "FIRE
LANE--TOW AWAY ZONE" in white letters at least three inches tall, at intervals not exceeding 50 feet.
Sec. 2308.252. Removal and Storage of Unauthorized Vehicle
(a) A parking facility owner may, without the consent of the owner or operator of an unauthorized vehicle, cause the vehicle
and any property on or in the vehicle to be removed and stored at a vehicle storage facility at the vehicle owner's or
operator's expense if:
(1) signs that comply with Subchapter G prohibiting unauthorized vehicles are located on the parking facility at the time of
towing and for the preceding 24 hours and remain installed at the time of towing;
(2) the owner or operator of the vehicle has received actual notice from the parking facility owner that the vehicle will be
towed at the vehicle owner's or operator's expense if it is in or not removed from an unauthorized space;
(3) the parking facility owner gives notice to the owner or operator of the vehicle under Subsection (b); or
(4) on request the parking facility owner provides to the owner or operator of the vehicle information on the name of the
towing company and vehicle storage facility that will be used to remove and store the vehicle and the vehicle is:
(A) left in violation of Section 2308.251 or 2308.253; or
(B) in or obstructing a portion of a paved driveway or abutting public roadway used for entering or exiting the facility.
(b) A parking facility owner is considered to have given notice under Subsection (a)(3) if:
(1) conspicuous notice has been attached to the vehicle's front windshield or, if the vehicle has no front windshield, to a
conspicuous part of the vehicle stating:
(A) that the vehicle is in a parking space in which the vehicle is not authorized to be parked;
(B) description of all other unauthorized areas in the parking facility;
(C) that the vehicle will be towed at the expense of the owner or operator of the vehicle if it remains in an unauthorized area
of the parking facility; and
(D) a telephone number that is answered 24 hours a day to enable the owner or operator of the vehicle to locate the vehicle;
and
(2) a notice is mailed after the notice is attached to the vehicle as provided by Subdivision (1) to the owner of the vehicle by
certified mail, return receipt requested, to the last address shown for the owner according to the vehicle registration records
of the Texas Department of Transportation, or if the vehicle is registered in another state, the appropriate agency of that
state.
(c) The notice under Subsection (b)(2) must:
(1) state that the vehicle is in a space in which the vehicle is not authorized to park;
(2) describe all other unauthorized areas in the parking facility;
(3) contain a warning that the unauthorized vehicle will be towed at the expense of the owner or operator of the vehicle if it is
not removed from the parking facility before the 15th day after the postmark date of the notice; and
(4) state a telephone number that is answered 24 hours a day to enable the owner or operator to locate the vehicle.
(d) The mailing of a notice under Subsection (b)(2) is not required if after the notice is attached under Subsection (b)(1) the
owner or operator of the vehicle leaves the vehicle in another location where parking is unauthorized for the vehicle
according to the notice.
Sec. 2308.253. Unattended Vehicles on Parking Facility of Apartment Complex; Removal and Storage of Vehicles
(a) This section applies only to a parking facility serving or adjacent to an apartment complex consisting of one or more
residential apartment units and any adjacent real property serving the apartment complex.
(b) The owner or operator of a vehicle may not leave unattended on a parking facility a vehicle that:
(1) obstructs a gate that is designed or intended for the use of pedestrians or vehicles;
(2) obstructs pedestrian or vehicular access to an area that is used for the placement of a garbage or refuse receptacle
used in common by residents of the apartment complex;
(3) is in or obstructs a restricted parking area or parking space designated under Subchapter G, including a space
designated for the use of employees or maintenance personnel of the parking facility or apartment complex;
(4) is in a tow away zone, other than a fire lane covered by Section 2308.251(c), that is brightly painted and is conspicuously
and legibly marked with the warning "TOW AWAY ZONE" in contrasting letters at least three inches tall;
(5) is a semitrailer, trailer, or truck-tractor, as defined by Chapter 502, Transportation Code, unless the owner or operator of
the vehicle is permitted under the terms of a rental or lease agreement with the apartment complex to leave the unattended
vehicle on the parking facility; or
(6) is leaking a fluid that presents a hazard or threat to persons or property.
(c) A parking facility owner may not have an emergency vehicle described by Section 2308.251(b) removed from the parking
facility.
(d) Except as provided by a contract described by Subsection (e), a parking facility owner may not have a vehicle removed
from the parking facility merely because the vehicle does not display:
(1) an unexpired license plate or registration insignia issued for the vehicle under Chapter 502, Transportation Code, or the
vehicle registration law of another state or country; or
(2) a valid vehicle inspection certificate issued under Chapter 548, Transportation Code, or the vehicle inspection law of
another state or country.
(e) A contract provision providing for the removal from a parking facility of a vehicle that does not display an unexpired
license plate or registration insignia or a valid inspection certificate is valid only if the provision requires the owner or
operator of the vehicle to be given at least 10 days' written notice that the vehicle will be towed from the facility at the vehicle
owner's or operator's expense if it is not removed from the parking facility. The notice must be:
(1) delivered in person to the owner or operator of the vehicle; or
(2) sent by certified mail, return receipt requested, to that owner or operator.
(f) This section may not be construed:
(1) to authorize the owner or operator of a vehicle to leave an unattended vehicle on property that is not designed or
intended for the parking of vehicles; or
(2) to limit or restrict the enforcement of Chapter 683, Transportation Code, the abandoned motor vehicle law.
(g) A provision of an apartment lease or rental agreement entered into or renewed on or after January 1, 2004, that is in
conflict or inconsistent with this section is void and may not be enforced.
Sec. 2308.254. Limitation on Parking Facility Owner’s Authority to Remove Unauthorized Vehicle
A parking facility owner may not have an unauthorized vehicle removed from the facility except:
(1) as provided by this chapter or a municipal ordinance that complies with Section 2308.208; or
(2) under the direction of a peace officer or the owner or operator of the vehicle.
Sec. 2308.255. Towing Company’s Authority to Remove and Store Unauthorized Vehicle
(a) A towing company that is insured as provided by Subsection (c) may, without the consent of an owner or operator of an
unauthorized vehicle, remove and store the vehicle at a vehicle storage facility at the expense of the owner or operator of the
vehicle if:
(1) the towing company has received written verification from the parking facility owner that:
(A) the parking facility owner has installed the signs required by Section 2308.252(a)(1); or
(B) the owner or operator received notice under Section 2308.252(a)(2) or the parking facility owner gave notice complying
with Section 2308.252(a)(3); or
(2) on request the parking facility owner provides to the owner or operator of the vehicle information on the name of the
towing company and vehicle storage facility that will be used to remove and store the vehicle and the vehicle is:
(A) left in violation of Section 2308.251; or
(B) in or obstructing a portion of a paved driveway or abutting public roadway used for entering or exiting the facility and the
removal is approved by a peace officer.
(b) A towing company may not remove an unauthorized vehicle except under:
(1) this chapter;
(2) a municipal ordinance that complies with Section 2308.208; or
(3) the direction of a peace officer or the owner or operator of the vehicle.
(c) Only a towing company that is insured against liability for property damage incurred in towing a vehicle may remove and
store an unauthorized vehicle under this section.
(d) A towing company may remove and store a vehicle under Subsection (a) only if the parking facility owner:
(1) requests that the towing company remove and store the specific vehicle; or
(2) has a standing written agreement with the towing company to enforce parking restrictions in the parking facility from which
the vehicle will be removed.
Sec. 2308.256. Vehicle Storage Facility’s Duty to Report After Accepting Unauthorized Vehicle
(a) A vehicle storage facility accepting a vehicle that is towed under this chapter shall within two hours after receiving the
vehicle report to the police department of the municipality which the vehicle was towed, or, if the vehicle was towed from a
location that is not in a municipality with a police department, to the sheriff of the county from which the vehicle was towed:
(1) a general description of the vehicle;
(2) the state and number of the vehicle's license plate, if any;
(3) the vehicle identification number of the vehicle, if it can be ascertained;
(4) the location from which the vehicle was towed; and
(5) the name and location of the vehicle storage facility where the vehicle is being stored.
(b) The report required by this section must be made by telephone or delivered personally or by facsimile.
Subchapter G. Signs prohibiting unauthorized vehicles and designating restricted areas
Sec. 2308.301. General Requirements for Sign Prohibiting Unauthorized Vehicles
(a) Except as provided by Subsection (a)(2)(B) and Section 2308.304 or 2308.305 an unauthorized vehicle may not be towed
under Section 2308.252(a)(1) unless a sign prohibiting unauthorized vehicles on a parking facility is:
(1) facing and conspicuously visible to the driver of a vehicle that enters the facility;
(2) located:
(A) on the right or left side of each driveway or curb-cut through which a vehicle can enter the facility, including an entry from
an alley abutting the facility; or
(B) at intervals along the entrance so that no entrance is farther than 25 feet from a sign if:
(i) curbs, access barriers, landscaping, or driveways do not establish definite vehicle entrances onto a parking facility from a
public roadway other than an alley; and
(ii) the width of an entrance exceeds 35 feet;
(3) permanently mounted on a pole, post, permanent wall, or permanent barrier;
(4) installed on the parking facility; and
(5) installed so that the bottom edge of the sign is no lower than five feet and no higher than eight feet above ground level.
(b) Except as provided by Section 2308.305, an unauthorized vehicle may be towed under Section 2308.252(a)(1) only if
each sign prohibiting unauthorized vehicles:
(1) is made of weather-resistant material;
(2) is at least 18 inches wide and 24 inches tall;
(3) contains the international symbol for towing vehicles;
(4) contains a statement describing who may park in the parking facility and prohibiting all others;
(5) bears the words "Unauthorized Vehicles Will Be Towed at Owner's or Operator's Expense";
(6) contains a statement of the days and hours of towing enforcement; and
(7) contains a number, including the area code, of a telephone that is answered 24 hours a day to enable an owner or
operator of a vehicle to locate the vehicle.
Sec. 2308.302. Color, Layout, and Lettering Height Requirements
(a) Except as provided by Section 2308.305, each sign required by this chapter must comply with the color, layout, and
lettering height requirements of this section.
(b) A bright red international towing symbol, which is a solid silhouette of a tow truck towing a vehicle on a generally
rectangular white background, at least four inches in height, must be on the uppermost portion of a sign or on a separate
sign placed immediately above the sign.
(c) The portion of the sign immediately below the international towing symbol must contain the words "Towing Enforced" or
the information provided by Section 2308.301(b)(4) in lettering at least two inches in height. The lettering on this portion of
the sign must consist of white letters on a bright red background.
(d) Except as provided by Subsection (e), the next lower portion of the sign must contain the remaining information required
by Section 2308.301(b) displayed in bright red letters at least one inch in height on a white background.
(e) The bottommost portion of the sign must contain the telephone number required by Section 2308.301(b), in lettering at
least one inch in height and may, if the facility owner chooses or if an applicable municipal ordinance requires, include the
name and address of the storage facility to which an unauthorized vehicle will be removed. The lettering on this portion of the
sign must consist of white letters on a bright red background.
Sec. 2308.303. Telephone Number for Locating Towed Vehicle Required
If a parking facility owner posts a sign described by Sections 2308.301 and 2308.302, the owner of a vehicle that is towed
from the facility under this chapter must be able to locate the vehicle by calling the telephone number on the sign.
Sec. 2308.304. Designation of Restricted Parking Spaces on Otherwise Unrestricted Parking Facility
A parking facility owner may designate one or more spaces as restricted parking spaces on a portion of an otherwise
unrestricted parking facility. Instead of installing a sign at each entrance to the parking facility as provided by Section
2308.301(a)(2), an owner may place a sign that prohibits unauthorized vehicles from parking in designated spaces and that
otherwise complies with Sections 2308.301 and 2308.302:
(1) at the right or left side of each entrance to a designated area or group of parking spaces located on the restricted portion
of the parking facility; or
(2) at the end of a restricted parking space so that the sign, the top of which must not be higher than seven feet above the
ground, is in front of a vehicle that is parked in the space and the rear of which is at the entrance of the space.
Sec. 2308.305. Individual Parking Restrictions in Restricted Area
(a) A parking facility owner who complies with Sections 2308.301 and 2308.302 may impose further specific parking
restrictions in an area to which the signs apply for individual spaces by installing or painting a weather-resistant sign or notice
on a curb, pole, post, permanent wall, or permanent barrier so that the sign is in front of a vehicle that is parked in the space
and the rear of which is at the entrance of the space.
(b) The top of the sign or notice may not be higher than seven feet above the ground.
(c) The sign or notice must include an indication that the space is reserved for a particular unit number, person, or type of
person.
(d) The letters on the sign or notice must be at least two inches in height and must contrast to the color of the curb, wall, or
barrier so they can be read during the day and at night. The letters are not required to be illuminated or made of reflective
material.
Subchapter H. Regulation of parking on certain public roadway areas
Sec. 2308.351. Removal of Unauthorized Vehicle from Leased Right-Of-Way
Unless prohibited by the lease, a parking facility owner or towing company may remove an unauthorized vehicle parked in a
leased area described by Section 2308.002(7)(B)(i) if the owner or towing company gives notice under Section 2308.252(a)
(1), (2), or (3) and otherwise complies with this chapter.
Sec. 2308.352. Removal of Unauthorized Vehicle from Area Between Parking Facility and Public Right-Of-Way
Unless prohibited by a municipal ordinance, a parking facility owner or towing company may remove an unauthorized vehicle
any part of which is in an area described by Section 2308.002(7)(B)(ii) if notice provided by Section 2308.252(a)(2) or (3) is
given and the owner or towing company has otherwise complied with this chapter.
Sec. 2308.353. Removal Under Governmental Entity’s Authority of Unauthorized Vehicle Parked in Right-Of-Way
(a) A governmental entity that has jurisdiction over a public roadway and that has posted one or more signs in the Right-of-
way stating that parking is prohibited in the Right-of-way may:
(1) remove or contract with a towing company to remove an unauthorized vehicle parked in the Right-of-way of the public
roadway; or
(2) grant written permission to an abutting parking facility owner to:
(A) post one or more "No parking in R.O.W." signs along a common property line of the facility and the roadway; and
(B) remove vehicles from the Right-of-way of the public roadway under this chapter.
(b) A sign under Subsection (a)(2) must:
(1) state that a vehicle parked in the Right-of-way may be towed at the expense of the owner or operator of the vehicle;
(2) be placed facing the public roadway:
(A) on the parking facility owner's property not more than two feet from the common boundary line; and
(B) at intervals so that no point in the boundary line is less than 25 feet from a sign posted under this subsection; and
(3) in all other respects comply with Subchapter G.
(c) After signs have been posted under Subsection (b), the parking facility owner or a towing company may remove an
unauthorized vehicle from the Right-of-way subject to the governmental entity's written permission given under Subsection (a)
(2).
Sec. 2308.354. Authority for Removal of Vehicle from Public Roadway
(a) Under an ordinance of a municipality regulating the parking of vehicles in the municipality, to aid in the enforcement of the
ordinance, an employee designated by the municipality may be authorized to:
(1) immobilize a vehicle parked in the municipality; and
(2) remove an immobilized vehicle from a public roadway in the municipality.
(b) A parking facility owner or towing company may not remove a vehicle from a public roadway except under:
(1) this chapter or a municipal ordinance that complies with Section 2308.208; or
(2) the direction of a peace officer or the owner or operator of the vehicle.
Subchapter I. Regulation of Towing Companies and Parking Facility Owners
Sec. 2308.401. Parking Facility Owner Prohibited from Receiving Financial Gain from Towing Company
(a) A parking facility owner may not directly or indirectly accept anything of value from a towing company in connection with
the removal of a vehicle from a parking facility.
(b) A parking facility owner may not have a direct or indirect monetary interest in a towing company that for compensation
removes unauthorized vehicles from a parking facility in which the parking facility owner has an interest.
Sec. 2308.402. Towing Company Prohibited from Financial Involvement with Parking Facility Owner
(a) A towing company may not directly or indirectly give anything of value to a parking facility owner in connection with the
removal of a vehicle from a parking facility.
(b) A towing company may not have a direct or indirect monetary interest in a parking facility from which the towing company
for compensation removes unauthorized vehicles.
Sec. 2308.403. Limitation on Liability of Parking Facility Owner for Removal or Storage of Unauthorized Vehicle
A parking facility owner who causes the removal of an unauthorized vehicle is not liable for damages arising from the removal
or storage of the vehicle if the vehicle:
(1) was removed in compliance with this chapter; and
(2) is:
(A) removed by a towing company insured against liability for property damage incurred in towing a vehicle; and
(B) stored by a vehicle storage facility insured against liability for property damage incurred in storing a vehicle.
Sec. 2308.404. Civil Liability of Towing Company or Parking Facility Owner for Violation of Chapter
(a) A towing company or parking facility owner who violates this chapter is liable to the owner or operator of the vehicle that is
the subject of the violation for:
(1) damages arising from the removal or storage of the vehicle; and
(2) towing or storage fees assessed in connection with the vehicle's removal or storage.
(b) A vehicle's owner or operator is not required to prove negligence of a parking facility owner or towing company to recover
under Subsection (a).
(c) A towing company or parking facility owner who intentionally, knowingly, or recklessly violates this chapter is liable to the
owner or operator of the vehicle that is the subject of the violation for $1000 plus three times the amount of fees assessed in
the vehicle's removal, towing, or storage.
(d) In a suit brought under this chapter, the prevailing party is entitled to recover reasonable attorney's fees.
Sec. 2308.405. Criminal Penalty:
A person commits an offense if the person violates this chapter. An offense under this section is a misdemeanor punishable
by a fine not less than $500 or more than $1500 unless it is shown on the trial of the offense that the person knowingly or
intentionally violated this chapter, in which event the offense is a Class B misdemeanor.
Sec. 2308.406. Violation of Chapter; Injunction
A violation of this chapter may be enjoined under Subchapter E, Chapter 17, Business & Commerce Code.
Sec. 2308.407. Minor Sign or Lettering Height Variations
A minor variation of a required or minimum height of a sign or lettering is not a violation of this chapter.
Notice, the wording in "blue" reflects the changes made in the 81st Legislature effective September 1, 2009.
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Subchapter J. Rights of Owners and Operators of Stored Vehicles
Sec. 2308.451. Payment of Cost of Removal and Storage of Vehicle
(a) If in a hearing held under this chapter the court finds that a person or law enforcement agency authorized, with probable
cause, the removal and storage in a vehicle storage facility of a vehicle, the person who requested the hearing shall pay the
costs of the removal and storage.
(b) If in a hearing held under this chapter the court does not find that a person or law enforcement agency authorized, with
probable cause, the removal and storage in a vehicle storage facility of a vehicle, the towing company, vehicle storage facility,
or parking facility owner or law enforcement agency that authorized the removal shall:
(1) pay the costs of the removal and storage; or
(2) reimburse the owner or operator for the cost of the removal and storage paid by the owner or operator.
(c) If, in a hearing held under this chapter, regardless of whether the court finds that there was probable cause for the removal
and storage of a vehicle, the court finds that the towing charge collected exceeded fees regulated by a political subdivision or
authorized by this chapter or Chapter 2303, the towing company shall reimburse the owner or operator of the vehicle an
amount equal to the overcharge.
Sec. 2308.453. Jurisdiction
A hearing under this chapter shall be in the justice court having jurisdiction in the precinct from which the motor vehicle was
towed.
Sec. 2308.454. Notice to Vehicle Owner or Operator
(a) If before a hearing held under this chapter the owner or operator of a vehicle pays the costs of the vehicle's removal or
storage, the towing company or vehicle storage facility that received the payment shall at the time of payment give the owner
or operator written notice of the person's rights under this chapter.
(b) The operator of a vehicle storage facility that sends a notice under Subchapter D, Chapter 2303, shall include with that
notice a notice of the person's rights under this chapter.
(c) If the towing company or vehicle storage facility that received the payment fails to furnish to the owner or operator of the
vehicle the name, address, and telephone number of the parking facility owner or law enforcement agency that authorized the
removal of the vehicle, the towing company or vehicle storage facility that received the payment is liable if the court, after a
hearing, does not find probable cause for the removal and storage of the vehicle.
Sec. 2308.455. Contents of Notice
The notice under Section 2308.454 must include:
(1) a statement of:
(A) the person's right to submit a request within 14 days for a court hearing to determine whether probable cause existed to
remove the vehicle;
(B) the information that a request for a hearing must contain; and
(C) any filing fee for the hearing;
(2) the name, address, and telephone number of the towing company that removed the vehicle;
(3) the name, address, and telephone number of the vehicle storage facility in which the vehicle was placed;
(4) the name, street address including city, state, and zip code, and telephone number of the person, parking facility owner, or
law enforcement agency that authorized the removal of the vehicle; and
(5) the name, address, and telephone number of the justice court having jurisdiction in the precinct in which the parking facility
is located.
Sec. 2308.456. Request for Hearing
(a) Except as provided by Subsection (c), a person entitled to a hearing under this chapter must deliver a written request for
the hearing to the court before the 14th day after the date the vehicle was removed and placed in the vehicle storage facility,
excluding Saturdays, Sundays, and legal holidays.
(b) A request for a hearing must contain:
(1) the name, address, and telephone number of the owner or operator of the vehicle;
(2) the location from which the vehicle was removed;
(3) the date when the vehicle was removed;
(4) the name, address, and telephone number of the person or law enforcement agency that authorized the removal;
(5) the name, address, and telephone number of the vehicle storage facility in which the vehicle was placed;
(6) the name, address, and telephone number of the towing company that removed the vehicle;
(7) a copy of any receipt or notification that the owner or operator received from the towing company or the vehicle storage
facility; and
(8) if the vehicle was removed from a parking facility:
(A) one or more photographs that show the location and text of any sign posted at the facility restricting parking of vehicles; or
(B) a statement that no sign restricting parking was posted at the parking facility.
(c) If notice was not given under Section 2308.454, the 14-day deadline for requesting a hearing under Subsection (a) does
not apply, and the owner or operator of the vehicle may deliver a written request for a hearing at any time.
(c-1) The 14-day period for requesting a hearing under Subsection (a) does not begin until the date on which the towing
company or vehicle storage facility provides to the vehicle owner or operator the information necessary for the vehicle owner
or
operator to complete the material for the request for hearing required under Subsections (b)(2) through (6).
(d) A person who fails to deliver a request in accordance with Subsection (a) waives the right to a hearing.
Sec. 2308.458. Hearing
(a) A hearing under this chapter shall be held before the 21st calendar day after the date the court receives the request for
the hearing.
Rights of Stored Vehicle Owner
The owner or operator of a vehicle, which has been removed and placed in a vehicle storage facility without the
consent of the owner, is entitled to a hearing to determine whether probable cause existed for the removal of the
vehicle. A person entitled to a hearing must deliver a written request for the hearing to the court before the 14th day
after the due date the vehicle was removed and placed in the vehicle storage facility.
(In computing time under applicable state law, Saturdays, Sundays, and legal holidays are not counted)
The required written request for a hearing must be in writing and must contain the following information:
1. The name, address, and telephone number of the owner or operator of the vehicle;
2. The location from which the vehicle was removed;
3. The date when the vehicle was removed;
4. The name, address, and telephone number of the person or law enforcement agency who authorized the removal;
5. The name, address, and telephone number of the vehicle storage facility where the vehicle was placed;
6. The name, address, and telephone number of the towing company that removed the vehicle;
7. A copy of any receipt or notification that the owner or operator received from the towing company or vehicle storage
facility; and
8. If the vehicle was removed from a parking facility, photographs showing the location and text of any signs posted at
the facility restricting parking of vehicles or a statement that no signs restricting parking were posted at the parking
facility.
If these rights or the name of the person who authorized the tow are not provided, the grace period for filing is void.
Sec. 2308.451. Payment of Cost of Removal and Storage of Vehicle
(a) If in a hearing held under this chapter the court finds that a person or law enforcement agency authorized, with probable
cause, the removal and storage in a vehicle storage facility of a vehicle, the person who requested the hearing shall pay the
costs of the removal and storage.
(b) If in a hearing held under this chapter the court does not find that a person or law enforcement agency authorized, with
probable cause, the removal and storage in a vehicle storage facility of a vehicle, the towing company, vehicle storage facility,
or parking facility owner or law enforcement agency that authorized the removal shall:
(1) pay the costs of the removal and storage; or
(2) reimburse the owner or operator for the cost of the removal and storage paid by the owner or operator.
(c) If, in a hearing held under this chapter, regardless of whether the court finds that there was probable cause for the removal
and storage of a vehicle, the court finds that the towing charge collected exceeded fees regulated by a political subdivision or
authorized by this chapter or Chapter 2303, the towing company shall reimburse the owner or operator of the vehicle an
amount equal to the overcharge.
Sec. 2308.453. Jurisdiction
A hearing under this chapter shall be in the justice court having jurisdiction in the precinct from which the motor vehicle was
towed.
Sec. 2308.454. Notice to Vehicle Owner or Operator
(a) If before a hearing held under this chapter the owner or operator of a vehicle pays the costs of the vehicle's removal or
storage, the towing company or vehicle storage facility that received the payment shall at the time of payment give the owner
or operator written notice of the person's rights under this chapter.
(b) The operator of a vehicle storage facility that sends a notice under Subchapter D, Chapter 2303, shall include with that
notice a notice of the person's rights under this chapter.
(c) If the towing company or vehicle storage facility that received the payment fails to furnish to the owner or operator of the
vehicle the name, address, and telephone number of the parking facility owner or law enforcement agency that authorized the
removal of the vehicle, the towing company or vehicle storage facility that received the payment is liable if the court, after a
hearing, does not find probable cause for the removal and storage of the vehicle.
Sec. 2308.455. Contents of Notice
The notice under Section 2308.454 must include:
(1) a statement of:
(A) the person's right to submit a request within 14 days for a court hearing to determine whether probable cause existed to
remove the vehicle;
(B) the information that a request for a hearing must contain; and
(C) any filing fee for the hearing;
(2) the name, address, and telephone number of the towing company that removed the vehicle;
(3) the name, address, and telephone number of the vehicle storage facility in which the vehicle was placed;
(4) the name, street address including city, state, and zip code, and telephone number of the person, parking facility owner, or
law enforcement agency that authorized the removal of the vehicle; and
(5) the name, address, and telephone number of the justice court having jurisdiction in the precinct in which the parking facility
is located.
Sec. 2308.456. Request for Hearing
(a) Except as provided by Subsection (c), a person entitled to a hearing under this chapter must deliver a written request for
the hearing to the court before the 14th day after the date the vehicle was removed and placed in the vehicle storage facility,
excluding Saturdays, Sundays, and legal holidays.
(b) A request for a hearing must contain:
(1) the name, address, and telephone number of the owner or operator of the vehicle;
(2) the location from which the vehicle was removed;
(3) the date when the vehicle was removed;
(4) the name, address, and telephone number of the person or law enforcement agency that authorized the removal;
(5) the name, address, and telephone number of the vehicle storage facility in which the vehicle was placed;
(6) the name, address, and telephone number of the towing company that removed the vehicle;
(7) a copy of any receipt or notification that the owner or operator received from the towing company or the vehicle storage
facility; and
(8) if the vehicle was removed from a parking facility:
(A) one or more photographs that show the location and text of any sign posted at the facility restricting parking of vehicles; or
(B) a statement that no sign restricting parking was posted at the parking facility.
(c) If notice was not given under Section 2308.454, the 14-day deadline for requesting a hearing under Subsection (a) does
not apply, and the owner or operator of the vehicle may deliver a written request for a hearing at any time.
(c-1) The 14-day period for requesting a hearing under Subsection (a) does not begin until the date on which the towing
company or vehicle storage facility provides to the vehicle owner or operator the information necessary for the vehicle owner
or
operator to complete the material for the request for hearing required under Subsections (b)(2) through (6).
(d) A person who fails to deliver a request in accordance with Subsection (a) waives the right to a hearing.
Sec. 2308.458. Hearing
(a) A hearing under this chapter shall be held before the 21st calendar day after the date the court receives the request for
the hearing.
Rights of Stored Vehicle Owner
The owner or operator of a vehicle, which has been removed and placed in a vehicle storage facility without the
consent of the owner, is entitled to a hearing to determine whether probable cause existed for the removal of the
vehicle. A person entitled to a hearing must deliver a written request for the hearing to the court before the 14th day
after the due date the vehicle was removed and placed in the vehicle storage facility.
(In computing time under applicable state law, Saturdays, Sundays, and legal holidays are not counted)
The required written request for a hearing must be in writing and must contain the following information:
1. The name, address, and telephone number of the owner or operator of the vehicle;
2. The location from which the vehicle was removed;
3. The date when the vehicle was removed;
4. The name, address, and telephone number of the person or law enforcement agency who authorized the removal;
5. The name, address, and telephone number of the vehicle storage facility where the vehicle was placed;
6. The name, address, and telephone number of the towing company that removed the vehicle;
7. A copy of any receipt or notification that the owner or operator received from the towing company or vehicle storage
facility; and
8. If the vehicle was removed from a parking facility, photographs showing the location and text of any signs posted at
the facility restricting parking of vehicles or a statement that no signs restricting parking were posted at the parking
facility.
If these rights or the name of the person who authorized the tow are not provided, the grace period for filing is void.
<---4" Height International Towing Symbol
<- 2” white letters on red background
<- 1” minimum red letters on white background
<- 1” minimum red letters on white background
<--1” white letters on red background (phone number)
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