SUBCHAPTER F. UNAUTHORIZED VEHICLES
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);
(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; or
(5) is leaking a fluid that presents a hazard or threat to persons or property.
(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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 728, Sec. 20.003(j), eff. September 1, 2005.
Renumbered from Transportation Code, Section 684.011 and amended by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.03, eff. September 1,
2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 757, Sec. 11, eff. September 1, 2009.
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) a 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) a 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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 442, Sec. 1, eff. Jan. 1, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 1197, Sec. 6, eff. September 1, 2005.
Renumbered from Transportation Code, Section 684.012 and amended by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.03, eff. September 1,
2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1310, Sec. 9, eff. September 1, 2009.
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.
Added by Acts 2003, 78th Leg., ch. 442, Sec. 2, eff. Jan. 1, 2004.
Renumbered from Transportation Code, Section 684.0125 and amended by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.03, eff. September 1,
2007.
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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Renumbered from Transportation Code, Section 684.013 and amended by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.03, eff. September 1,
2007.
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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 1197, Sec. 7, eff. September 1, 2005.
Renumbered from Transportation Code, Section 684.014 and amended by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.03, eff. September 1,
2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1310, Sec. 10, eff. September 1, 2009.
Text of section as repealed by Acts 2009, 81st Leg., R.S., Ch. 757, Sec. 13 effective September 1, 2009
Sec. 2308.256. VEHICLE STORAGE FACILITY'S DUTY TO REPORT AFTER ACCEPTING UNAUTHORIZED VEHICLE.
Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch. 1310, Sec. 11
Without reference to the amendment of this subsection, this section was repealed by Acts 2009, 81st Leg., R.S., Ch. 757, Sec. 13, eff. September
1, 2009.
(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 from 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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Renumbered from Transportation Code, Section 684.015 by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.03, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 757, Sec. 13, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1310, Sec. 11, eff. September 1, 2009.
Text of section as added by Acts 2009, 81st Leg., R.S., Ch. 757, Sec. 12
For text of section as added by Acts 2009, 81st Leg., R.S., Ch. 845, Sec. 12, see other Sec. 2308.257.
Sec. 2308.257. REMOVAL OF CERTAIN UNAUTHORIZED VEHICLES IN RURAL AREAS. (a) This section applies only to an abandoned vehicle
that has damaged a fence on private property in a rural area.
(b) A law enforcement agency directing a towing company or tow operator to remove an abandoned vehicle that is located on private property
shall provide the towing company or tow operator with the name and telephone number of the property owner or the owner's agent if the owner or
agent has provided the information to the law enforcement agency.
(c) A towing company or tow operator provided with information under Subsection (b) shall contact the property owner or the owner's agent
before entering private property to tow a vehicle described by Subsection (a).
Added by Acts 2009, 81st Leg., R.S., Ch. 757, Sec. 12, eff. September 1, 2009.
Text of section as added by Acts 2009, 81st Leg., R.S., Ch. 845, Sec. 12
For text of section as added by Acts 2009, 81st Leg., R.S., Ch. 757, Sec. 12, see other Sec. 2308.257.
Sec. 2308.257. BOOTING OF UNAUTHORIZED VEHICLE. (a) A parking facility owner may, without the consent of the owner or operator of an
unauthorized vehicle, cause a boot to be installed on the vehicle in the parking facility if signs that comply with Subchapter G prohibiting
unauthorized vehicles are located on the parking facility at the time of the booting and for the preceding 24 hours and remain installed at the time
of the booting.
(b) A boot operator that installs a boot on a vehicle must affix a conspicuous notice to the vehicle's front windshield or driver's side window
stating:
(1) that the vehicle has been booted and damage may occur if the vehicle is moved;
(2) the date and time the boot was installed;
(3) the name, address, and telephone number of the booting company;
(4) a telephone number that is answered 24 hours a day to enable the owner or operator of the vehicle to arrange for removal of the boot;
(5) the amount of the fee for removal of the boot and any associated parking fees; and
(6) notice of the right of a vehicle owner or vehicle operator to a hearing under Subchapter J.
(c) On removal of a boot, the boot operator shall provide a receipt to the vehicle owner or operator stating:
(1) the name of the person who removed the boot;
(2) the date and time the boot was removed;
(3) the name of the person to whom the vehicle was released;
(4) the amount of fees paid for removal of the boot and any associated parking fees; and
(5) the right of the vehicle owner or operator to a hearing under Subchapter J.
(d) The booting company shall maintain a copy of the receipt at its place of business for a period of three years. A peace officer has the right, on
request, to inspect and copy the records to determine compliance with the requirements of this section.
(e) A booting company shall accept payment by an electronic check, debit card, or credit card for any fee or charge associated with the removal of
a boot. A booting company may not collect a fee for any charge associated with the removal of a boot from a person who offers to pay the charge
with an electronic check, debit card, or credit card form of payment that the booting company is not equipped to accept.
Added by Acts 2009, 81st Leg., R.S., Ch. 845, Sec. 12, eff. September 1, 2009.
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) or booted under Section
2308.257 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) or booted under Section
2308.257 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 or Booted at Owner's or Operator's Expense";
(6) contains a statement of the days and hours of towing and booting 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 a towed vehicle or to arrange for removal of a boot from a vehicle.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Renumbered from Transportation Code, Section 684.031 and amended by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.04, eff. September 1,
2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 845, Sec. 13, eff. September 1, 2009.
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 And Booting Enforced" 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 numbers 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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Renumbered from Transportation Code, Section 684.032 and amended by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.04, eff. September 1,
2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 845, Sec. 14, eff. September 1, 2009.
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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Renumbered from Transportation Code, Section 684.033 and amended by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.04, eff. September 1,
2007.
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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Renumbered from Transportation Code, Section 684.034 and amended by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.04, eff. September 1,
2007.
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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Renumbered from Transportation Code, Section 684.035 and amended by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.04, eff. September 1,
2007.
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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Renumbered from Transportation Code, Section 684.051 and amended by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.05, eff. September 1,
2007.
Sec. 2308.352. REMOVAL OF UNAUTHORIZED VEHICLE FROM AREA BETWEEN PARKING FACILITY AND PUBLIC ROADWAY. 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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Renumbered from Transportation Code, Section 684.052 and amended by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.05, eff. September 1,
2007.
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).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Renumbered from Transportation Code, Section 684.053 and amended by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.05, eff. September 1,
2007.
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.
(c) In addition to the authority granted under Subsection (a) and to aid in the enforcement of an ordinance regulating the parking of vehicles, a
municipality with a population of 1.9 million or more may authorize a designated employee to request the removal of a vehicle parked illegally in
an area designated as a tow-away zone in a residential area where on-street parking is regulated by the ordinance.
(d) Subsections (a) and (c) do not apply to a vehicle owned by an electric, gas, water, or telecommunications utility while the vehicle is parked for
the purpose of conducting work on a facility of the utility that is located below, above, or adjacent to the street.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 301, Sec. 1, eff. Sept. 1, 2001.
Renumbered from Transportation Code, Section 684.054 and amended by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.05, eff. September 1,
2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1298, Sec. 1, eff. September 1, 2009.
SUBCHAPTER I. REGULATION OF TOWING COMPANIES, BOOTING COMPANIES, AND PARKING FACILITY OWNERS
Sec. 2308.401. PARKING FACILITY OWNER PROHIBITED FROM RECEIVING FINANCIAL GAIN FROM TOWING COMPANY OR BOOTING
COMPANY. (a) A parking facility owner may not directly or indirectly accept anything of value from:
(1) a towing company in connection with the removal of a vehicle from a parking facility; or
(2) a booting company in connection with booting a vehicle in a parking facility.
(b) A parking facility owner may not have a direct or indirect monetary interest in:
(1) a towing company that for compensation removes unauthorized vehicles from a parking facility in which the parking facility owner has an
interest; or
(2) a booting company that for compensation boots vehicles in a parking facility in which the parking facility owner has an interest.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Renumbered from Transportation Code, Section 684.081 by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.06, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 845, Sec. 16, eff. September 1, 2009.
Sec. 2308.402. TOWING COMPANY AND BOOTING COMPANY PROHIBITED FROM FINANCIAL INVOLVEMENT WITH PARKING FACILITY
OWNER. (a) A towing company or booting company may not directly or indirectly give anything of value to a parking facility owner in connection
with:
(1) the removal of a vehicle from a parking facility; or
(2) the booting of a vehicle in a parking facility.
(b) A towing company or booting company may not have a direct or indirect monetary interest in a parking facility:
(1) from which the towing company for compensation removes unauthorized vehicles; or
(2) in which the booting company for compensation installs boots on unauthorized vehicles.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Renumbered from Transportation Code, Section 684.082 by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.06, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 845, Sec. 17, eff. September 1, 2009.
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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Renumbered from Transportation Code, Section 684.083 by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.06, eff. September 1, 2007.
Sec. 2308.404. CIVIL LIABILITY OF TOWING COMPANY, BOOTING COMPANY, OR PARKING FACILITY OWNER FOR VIOLATION OF CHAPTER.
(a) A towing company, booting 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, storage, or booting of the vehicle; and
(2) towing, storage, or booting fees assessed in connection with the vehicle's removal, storage, or booting.
(b) A vehicle's owner or operator is not required to prove negligence of a parking facility owner, towing company, or booting company to recover
under Subsection (a).
(c) A towing company, booting 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 $1,000 plus three times the amount of fees assessed in the vehicle's
removal, towing, storage, or booting.
(d) In a suit brought under this chapter, the prevailing party is entitled to recover reasonable attorney's fees.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Renumbered from Transportation Code, Section 684.084 by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.06, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 845, Sec. 18, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 845, Sec. 19, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1310, Sec. 12, eff. September 1, 2009.
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 of not less than $500 or more than $1,500 unless it is shown on trial of the offense that the person knowingly
or intentionally violated this chapter, in which event the offense is a Class B misdemeanor.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 1197, Sec. 8, eff. September 1, 2005.
Renumbered from Transportation Code, Section 684.085 by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.06, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1310, Sec. 13, eff. September 1, 2009.
Sec. 2308.406. VIOLATION OF CHAPTER; INJUNCTION. A violation of this chapter may be enjoined under Subchapter E, Chapter 17, Business
& Commerce Code.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Renumbered from Transportation Code, Section 684.086 by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.06, eff. September 1, 2007.
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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Renumbered from Transportation Code, Section 684.087 by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.06, eff. September 1, 2007.
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);
(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; or
(5) is leaking a fluid that presents a hazard or threat to persons or property.
(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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 728, Sec. 20.003(j), eff. September 1, 2005.
Renumbered from Transportation Code, Section 684.011 and amended by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.03, eff. September 1,
2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 757, Sec. 11, eff. September 1, 2009.
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) a 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) a 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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 442, Sec. 1, eff. Jan. 1, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 1197, Sec. 6, eff. September 1, 2005.
Renumbered from Transportation Code, Section 684.012 and amended by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.03, eff. September 1,
2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1310, Sec. 9, eff. September 1, 2009.
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.
Added by Acts 2003, 78th Leg., ch. 442, Sec. 2, eff. Jan. 1, 2004.
Renumbered from Transportation Code, Section 684.0125 and amended by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.03, eff. September 1,
2007.
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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Renumbered from Transportation Code, Section 684.013 and amended by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.03, eff. September 1,
2007.
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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 1197, Sec. 7, eff. September 1, 2005.
Renumbered from Transportation Code, Section 684.014 and amended by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.03, eff. September 1,
2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1310, Sec. 10, eff. September 1, 2009.
Text of section as repealed by Acts 2009, 81st Leg., R.S., Ch. 757, Sec. 13 effective September 1, 2009
Sec. 2308.256. VEHICLE STORAGE FACILITY'S DUTY TO REPORT AFTER ACCEPTING UNAUTHORIZED VEHICLE.
Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch. 1310, Sec. 11
Without reference to the amendment of this subsection, this section was repealed by Acts 2009, 81st Leg., R.S., Ch. 757, Sec. 13, eff. September
1, 2009.
(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 from 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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Renumbered from Transportation Code, Section 684.015 by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.03, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 757, Sec. 13, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1310, Sec. 11, eff. September 1, 2009.
Text of section as added by Acts 2009, 81st Leg., R.S., Ch. 757, Sec. 12
For text of section as added by Acts 2009, 81st Leg., R.S., Ch. 845, Sec. 12, see other Sec. 2308.257.
Sec. 2308.257. REMOVAL OF CERTAIN UNAUTHORIZED VEHICLES IN RURAL AREAS. (a) This section applies only to an abandoned vehicle
that has damaged a fence on private property in a rural area.
(b) A law enforcement agency directing a towing company or tow operator to remove an abandoned vehicle that is located on private property
shall provide the towing company or tow operator with the name and telephone number of the property owner or the owner's agent if the owner or
agent has provided the information to the law enforcement agency.
(c) A towing company or tow operator provided with information under Subsection (b) shall contact the property owner or the owner's agent
before entering private property to tow a vehicle described by Subsection (a).
Added by Acts 2009, 81st Leg., R.S., Ch. 757, Sec. 12, eff. September 1, 2009.
Text of section as added by Acts 2009, 81st Leg., R.S., Ch. 845, Sec. 12
For text of section as added by Acts 2009, 81st Leg., R.S., Ch. 757, Sec. 12, see other Sec. 2308.257.
Sec. 2308.257. BOOTING OF UNAUTHORIZED VEHICLE. (a) A parking facility owner may, without the consent of the owner or operator of an
unauthorized vehicle, cause a boot to be installed on the vehicle in the parking facility if signs that comply with Subchapter G prohibiting
unauthorized vehicles are located on the parking facility at the time of the booting and for the preceding 24 hours and remain installed at the time
of the booting.
(b) A boot operator that installs a boot on a vehicle must affix a conspicuous notice to the vehicle's front windshield or driver's side window
stating:
(1) that the vehicle has been booted and damage may occur if the vehicle is moved;
(2) the date and time the boot was installed;
(3) the name, address, and telephone number of the booting company;
(4) a telephone number that is answered 24 hours a day to enable the owner or operator of the vehicle to arrange for removal of the boot;
(5) the amount of the fee for removal of the boot and any associated parking fees; and
(6) notice of the right of a vehicle owner or vehicle operator to a hearing under Subchapter J.
(c) On removal of a boot, the boot operator shall provide a receipt to the vehicle owner or operator stating:
(1) the name of the person who removed the boot;
(2) the date and time the boot was removed;
(3) the name of the person to whom the vehicle was released;
(4) the amount of fees paid for removal of the boot and any associated parking fees; and
(5) the right of the vehicle owner or operator to a hearing under Subchapter J.
(d) The booting company shall maintain a copy of the receipt at its place of business for a period of three years. A peace officer has the right, on
request, to inspect and copy the records to determine compliance with the requirements of this section.
(e) A booting company shall accept payment by an electronic check, debit card, or credit card for any fee or charge associated with the removal of
a boot. A booting company may not collect a fee for any charge associated with the removal of a boot from a person who offers to pay the charge
with an electronic check, debit card, or credit card form of payment that the booting company is not equipped to accept.
Added by Acts 2009, 81st Leg., R.S., Ch. 845, Sec. 12, eff. September 1, 2009.
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) or booted under Section
2308.257 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) or booted under Section
2308.257 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 or Booted at Owner's or Operator's Expense";
(6) contains a statement of the days and hours of towing and booting 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 a towed vehicle or to arrange for removal of a boot from a vehicle.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Renumbered from Transportation Code, Section 684.031 and amended by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.04, eff. September 1,
2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 845, Sec. 13, eff. September 1, 2009.
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 And Booting Enforced" 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 numbers 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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Renumbered from Transportation Code, Section 684.032 and amended by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.04, eff. September 1,
2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 845, Sec. 14, eff. September 1, 2009.
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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Renumbered from Transportation Code, Section 684.033 and amended by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.04, eff. September 1,
2007.
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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Renumbered from Transportation Code, Section 684.034 and amended by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.04, eff. September 1,
2007.
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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Renumbered from Transportation Code, Section 684.035 and amended by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.04, eff. September 1,
2007.
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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Renumbered from Transportation Code, Section 684.051 and amended by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.05, eff. September 1,
2007.
Sec. 2308.352. REMOVAL OF UNAUTHORIZED VEHICLE FROM AREA BETWEEN PARKING FACILITY AND PUBLIC ROADWAY. 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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Renumbered from Transportation Code, Section 684.052 and amended by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.05, eff. September 1,
2007.
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).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Renumbered from Transportation Code, Section 684.053 and amended by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.05, eff. September 1,
2007.
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.
(c) In addition to the authority granted under Subsection (a) and to aid in the enforcement of an ordinance regulating the parking of vehicles, a
municipality with a population of 1.9 million or more may authorize a designated employee to request the removal of a vehicle parked illegally in
an area designated as a tow-away zone in a residential area where on-street parking is regulated by the ordinance.
(d) Subsections (a) and (c) do not apply to a vehicle owned by an electric, gas, water, or telecommunications utility while the vehicle is parked for
the purpose of conducting work on a facility of the utility that is located below, above, or adjacent to the street.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 301, Sec. 1, eff. Sept. 1, 2001.
Renumbered from Transportation Code, Section 684.054 and amended by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.05, eff. September 1,
2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1298, Sec. 1, eff. September 1, 2009.
SUBCHAPTER I. REGULATION OF TOWING COMPANIES, BOOTING COMPANIES, AND PARKING FACILITY OWNERS
Sec. 2308.401. PARKING FACILITY OWNER PROHIBITED FROM RECEIVING FINANCIAL GAIN FROM TOWING COMPANY OR BOOTING
COMPANY. (a) A parking facility owner may not directly or indirectly accept anything of value from:
(1) a towing company in connection with the removal of a vehicle from a parking facility; or
(2) a booting company in connection with booting a vehicle in a parking facility.
(b) A parking facility owner may not have a direct or indirect monetary interest in:
(1) a towing company that for compensation removes unauthorized vehicles from a parking facility in which the parking facility owner has an
interest; or
(2) a booting company that for compensation boots vehicles in a parking facility in which the parking facility owner has an interest.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Renumbered from Transportation Code, Section 684.081 by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.06, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 845, Sec. 16, eff. September 1, 2009.
Sec. 2308.402. TOWING COMPANY AND BOOTING COMPANY PROHIBITED FROM FINANCIAL INVOLVEMENT WITH PARKING FACILITY
OWNER. (a) A towing company or booting company may not directly or indirectly give anything of value to a parking facility owner in connection
with:
(1) the removal of a vehicle from a parking facility; or
(2) the booting of a vehicle in a parking facility.
(b) A towing company or booting company may not have a direct or indirect monetary interest in a parking facility:
(1) from which the towing company for compensation removes unauthorized vehicles; or
(2) in which the booting company for compensation installs boots on unauthorized vehicles.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Renumbered from Transportation Code, Section 684.082 by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.06, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 845, Sec. 17, eff. September 1, 2009.
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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Renumbered from Transportation Code, Section 684.083 by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.06, eff. September 1, 2007.
Sec. 2308.404. CIVIL LIABILITY OF TOWING COMPANY, BOOTING COMPANY, OR PARKING FACILITY OWNER FOR VIOLATION OF CHAPTER.
(a) A towing company, booting 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, storage, or booting of the vehicle; and
(2) towing, storage, or booting fees assessed in connection with the vehicle's removal, storage, or booting.
(b) A vehicle's owner or operator is not required to prove negligence of a parking facility owner, towing company, or booting company to recover
under Subsection (a).
(c) A towing company, booting 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 $1,000 plus three times the amount of fees assessed in the vehicle's
removal, towing, storage, or booting.
(d) In a suit brought under this chapter, the prevailing party is entitled to recover reasonable attorney's fees.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Renumbered from Transportation Code, Section 684.084 by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.06, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 845, Sec. 18, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 845, Sec. 19, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1310, Sec. 12, eff. September 1, 2009.
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 of not less than $500 or more than $1,500 unless it is shown on trial of the offense that the person knowingly
or intentionally violated this chapter, in which event the offense is a Class B misdemeanor.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 1197, Sec. 8, eff. September 1, 2005.
Renumbered from Transportation Code, Section 684.085 by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.06, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1310, Sec. 13, eff. September 1, 2009.
Sec. 2308.406. VIOLATION OF CHAPTER; INJUNCTION. A violation of this chapter may be enjoined under Subchapter E, Chapter 17, Business
& Commerce Code.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Renumbered from Transportation Code, Section 684.086 by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.06, eff. September 1, 2007.
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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Renumbered from Transportation Code, Section 684.087 by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.06, eff. September 1, 2007.
| Texas Towing Compliance "Dedicated to Helping Victims of Parking Facility Fraud" |
| The Texas Towing Law Occupation Code Chapter 2308 Updated March 13, 2010 |
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ILLEGAL TOWING VICTIMS HOTLINE 24/7 512.680.3190 Illegal Towing Attorneys: Rich Robins 713.574.6279 - Houston William Norred - 817.704.3984 - DFW |
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