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:
(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 (H.B. 2094), 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;
(2) remove an immobilized vehicle from a public roadway in the municipality; and
(3) request the removal and storage of a vehicle that is located in an area where on-street parking is regulated by the ordinance and that:
(A) is parked illegally; or
(B) is parked legally and:
(i) has been unattended for more than 48 hours; and
(ii) the employee has reasonable grounds to believe is abandoned.
(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, a municipal employee under Subsection (a)(3), or the owner or operator of the vehicle.
(c) Subsection (a) does 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 (H.B. 2094), Sec. 2.05, eff. September 1, 2007.
Amended by: Acts 2009, 81st Leg., R.S., Ch. 1298 (H.B. 2346), Sec. 1, eff. September 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 231 (H.B. 914), Sec. 1, eff. September 1, 2021.
SUBCHAPTER K. ENFORCEMENT
Sec. 2308.501. ADMINISTRATIVE PENALTY.
(a) The commission may impose an administrative penalty on a person under Subchapter F, Chapter 51, regardless of whether the person holds a registration, permit, or license under this chapter, if the person violates:
(1) This chapter or a rule adopted under this chapter; or
(2) A rule or order of the executive director or commission.
(b) An administrative penalty may not be imposed unless the person charged with a violation is provided the opportunity for a hearing.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 2.09, eff. September 1, 2007.
Sec. 2308.502. CEASE AND DESIST ORDER; INJUNCTION; CIVIL PENALTY.
(a) The executive director may issue a cease and desist order as necessary to enforce this chapter if the executive director determines that the action is necessary to prevent a violation of this chapter and to protect public health and safety.
(b) The attorney general or executive director may institute an action for an injunction or a civil penalty under this chapter as provided by Section 51.352.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 2.09, eff. September 1, 2007.
Sec. 2308.503. SANCTIONS.
The department may impose sanctions as provided by Section 51.353.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 2.09, eff. September 1, 2007.
Sec. 2308.504. CRIMINAL PENALTY; LICENSING.
(a) A person commits an offense if the person:
(1) Violates the permitting or licensing requirements of this chapter;
(2) Performs towing without a license to perform towing in this state;
(3) Employs an individual who does not hold the appropriate license required by this chapter; or
(4) Falsifies a certification or training.
(b) An offense under this section is a Class C misdemeanor. An offense under this section is enforceable by law enforcement.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 2.09, eff. September 1, 2007.
Amended by: Acts 2011, 82nd Leg., R.S., Ch. 353 (H.B. 3510), Sec. 17, eff. September 1, 2011.
Sec. 2308.505. CRIMINAL PENALTY; TOWING.
(a) A person commits an offense if the person:
(1) violates an ordinance, resolution, order, rule, or regulation of a political subdivision adopted under Section 2308.201, 2308.202, or 2308.2085 for which the political subdivision does not prescribe the penalty;
(2) charges or collects a fee in a political subdivision that regulates the operation of tow trucks under Section 2308.201 or 2308.202 or booting under Section 2308.2085 that is not authorized or is greater than the authorized amount of the fee;
(3) Charges or collects a fee greater than the amount authorized under Section 2308.204;
(4) Charges or collects a fee in excess of the amount filed with the department under Section 2308.206;
(5) Violates Section 2308.205; or
(6) Violates a rule of the department applicable to a tow truck, towing company, or booting company.
(b) An offense under this section is a misdemeanor punishable by a fine of not less than $200 or more than $1,000 per violation. An offense under this section is enforceable by law enforcement.
Renumbered from Transportation Code, Section 643.253(d) and amended by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 2.10, eff. September 1, 2007.
Amended by: Acts 2009, 81st Leg., R.S., Ch. 845 (S.B. 2153), Sec. 29, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 353 (H.B. 3510), Sec. 18, eff. September 1, 2011.
Reference:
Texas Department of Licensing and Regulation