page 5 of 29 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) towed from the parking facility.
(d) Except as provided by a contract described by Subsection (e), a parking facility owner may not have a vehicle towed from the parking facility merely because the vehicle does not display 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.
(e) A contract provision providing for the towing from a parking facility of a vehicle that does not display an unexpired license plate or registration insignia 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 parking facility at the vehicle owner's or operator's expense if it is not removed from the parking facility. The notice must:
(1) State:
(A) That the vehicle does not display an unexpired license plate or registration insignia;
(B) That the vehicle will be towed at the expense of the owner or operator of the vehicle if the vehicle does not display an unexpired license plate or registration insignia; and
(C) 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) Be:
(A) Delivered in person to the owner or operator of the vehicle;
(B) Sent by certified mail, return receipt requested, to that owner or operator; or
(C) Attached:
(i) To the vehicle's front windshield;
(ii) To the vehicle's driver's side window; or
(iii) If the vehicle has no front windshield or driver's side window, to a conspicuous part of the vehicle.
(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 (H.B. 2094), Sec. 2.03, eff. September 1, 2007.
Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1291 (H.B. 2305), Sec. 9, eff. March 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 919 (S.B. 1501), Sec. 15, eff. June 15, 2017.
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 (H.B. 2094), Sec. 2.03, eff. September 1, 2007.
Sec. 2308.255. TOWING COMPANY'S AUTHORITY TO TOW AND STORE UNAUTHORIZED VEHICLE. (a) A towing company may, without the consent of an owner or operator of an unauthorized vehicle, tow the vehicle to 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 signs required by Section 2308.252(a)(1) are posted; 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 tow and store the vehicle and the vehicle is:
(A) Left in violation of Section 2308.251;
(B) In or obstructing a portion of a paved driveway; or
(C) On a public roadway used for entering or exiting the facility and the tow is approved by a peace officer.
(b) A towing company may not tow an unauthorized vehicle except under:
(1) This chapter;
(2) A municipal ordinance that complies with Section 2308.208; or
(3) The direction of:
(A) A peace officer; or
(B) 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 tow and store an unauthorized vehicle under this section.
(d) A towing company may tow and store a vehicle under Subsection (a) only if the parking facility owner:
(1) Requests that the towing company tow and store the specific vehicle; or
(2) Has a standing written agreement with the towing company to enforce parking restrictions in the parking facility.
(e) When a tow truck is used for a nonconsent tow authorized by a peace officer under Section 545.3051, Transportation Code, the operator of the tow truck and the towing company is agents of the law enforcement agency and are subject to Section 545.3051(e), Transportation Code.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by: Acts 2005, 79th Leg., Ch. 1197 (H.B. 480), Sec. 7, eff. September 1, 2005.
Renumbered from Transportation Code, Section 684.014 and amended by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 2.03, eff. September 1, 2007.
Amended by: Acts 2009, 81st Leg., R.S., Ch. 1310 (H.B. 2571), Sec. 10, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 353 (H.B. 3510), Sec. 9, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 919 (S.B. 1501), Sec. 16, eff. June 15, 2017.
Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 14.008, eff. June 15, 2017.