page 6 of 29 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.
Sec. 2308.2555. 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 (S.B. 702), Sec. 12, eff. September 1, 2009.
Redesignated from Occupations Code, Section 2308.257 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(49), eff. September 1, 2011.
Redesignated from Occupations Code, Section 2308.257 by Acts 2011, 82nd Leg., R.S., Ch. 353 (H.B. 3510), Sec. 10, eff. September 1, 2011.
Sec. 2308.2565. VEHICLE STORAGE FACILITY DUTY TO REPORT AFTER ACCEPTING UNAUTHORIZED VEHICLE.
(a) Except for an incident management tow requested by a law enforcement agency, 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 in which the vehicle is being stored.
(b) A law enforcement agency may request a vehicle storage facility to provide a report, in a manner prescribed by the law enforcement agency, of incident management tows within the jurisdiction of the agency. A vehicle storage facility must provide the report not later than 48 hours after the time the facility receives the request.
Added by Acts 2011, 82nd Leg., R.S., Ch. 353 (H.B. 3510), Sec. 11, eff. September 1, 2011.
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;
(6) Notice of the right of a vehicle owner or vehicle operator to a hearing under Subchapter J; and
(7) In the manner prescribed by the local authority, notice of the procedure to file a complaint with the local authority for violation of this chapter by a boot operator.
(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.