reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter D. License Requirements › Section 2308.159. License Renewal

Sec. 2308.159.  LICENSE RENEWAL.  (a)  A license issued under this subchapter is valid for one year.  The department may adopt a system under which licenses expire at different times during the year.
(b)  The department shall notify the license holder at least 30 days before the date a license expires.  The notice must be in writing and sent to the license holder's last known address according to the records of the department.
(c)  A license holder may renew a license issued under this chapter by:
(1)  submitting an application on a form prescribed by the executive director;
(2)  submitting evidence demonstrating compliance with the requirements for the license type as required by this chapter or commission rule;
(3)  paying a renewal fee; and
(4)  completing any applicable continuing education requirements.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.12, eff. September 1, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 353 (H.B. 3510), Sec. 6, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.24, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter E. Local Regulation of Towing and Booting › Section 2308.201. Tow Truck Regulation by Political Subdivisions

Sec. 2308.201.  TOW TRUCK REGULATION BY POLITICAL SUBDIVISIONS.  (a)  A political subdivision of this state may regulate the operation of a tow truck to the extent allowed by federal law, except that a political subdivision may not issue a more restrictive regulation for the use of lighting equipment on a tow truck than is imposed by Title 7, Transportation Code.
(b)  A political subdivision may not require the registration of a tow truck that performs consent tows in the political subdivision unless the owner of the tow truck has a place of business in the territory of the political subdivision.
(c)  A political subdivision may require the registration of a tow truck that performs a nonconsent tow in the political subdivision, regardless of whether the owner of the tow truck has a place of business in the territory of the political subdivision.
(d)  A political subdivision may not require a person who holds a driver's license or commercial driver's license to obtain a license or permit for operating a tow truck unless the person performs nonconsent tows in the territory of the political subdivision. A fee charged for a license or permit may not exceed $15.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.150(a), eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1303, Sec. 1, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1034, Sec. 9, eff. Sept. 1, 2003.
Renumbered from Transportation Code, Section 643.201 and amended by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 2.01, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter E. Local Regulation of Towing and Booting › Section 2308.202. Regulation by Political Subdivisions of Fees for Nonconsent Tows

Sec. 2308.202.  REGULATION BY POLITICAL SUBDIVISIONS OF FEES FOR NONCONSENT TOWS.  The governing body of a political subdivision may regulate the fees that may be charged or collected in connection with a nonconsent tow originating in the territory of the political subdivision if the private property tow fees:
(1)  are authorized by commission rule; and
(2)  do not exceed the maximum amount authorized by commission rule.
Added by Acts 2003, 78th Leg., ch. 1034, Sec. 10, eff. Sept. 1, 2003.
Renumbered from Transportation Code, Section 643.203 by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 2.01, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1310 (H.B. 2571), Sec. 5, eff. September 1, 2010.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter E. Local Regulation of Towing and Booting › Section 2308.203. Towing Fee Studies

Sec. 2308.203.  TOWING FEE STUDIES.  (a)  The governing body of a political subdivision that regulates nonconsent tow fees shall establish procedures by which a towing company may request that a towing fee study be performed.
(b)  The governing body of the political subdivision shall establish or amend the allowable fees for nonconsent tows at amounts that represent the fair value of the services of a towing company and are reasonably related to any financial or accounting information provided to the governing body.
Added by Acts 2003, 78th Leg., ch. 1034, Sec. 10, eff. Sept. 1, 2003.
Renumbered from Transportation Code, Section 643.204 by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 2.01, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter E. Local Regulation of Towing and Booting › Section 2308.205. Towing of Vehicles to Licensed Vehicle Storage Facilities or Other Locations on Parking Facilities

Sec. 2308.205.  TOWING OF VEHICLES TO LICENSED VEHICLE STORAGE FACILITIES OR OTHER LOCATIONS ON PARKING FACILITIES.  (a)  A towing company that makes a nonconsent tow shall tow the vehicle to a vehicle storage facility that is operated by a person who holds a license to operate the facility under Chapter 2303, unless:
(1)  the towing company agrees to take the vehicle to a location designated by the vehicle's owner; or
(2)  the vehicle is towed under:
(A)  rules adopted under Subsection (a-1); or
(B)  Section 2308.259(b).
(a-1)  The commission shall adopt rules authorizing a towing company that makes a nonconsent tow from a parking facility to tow the vehicle to another location on the same parking facility under the direction of:
(1)  the parking facility owner;
(2)  a parking facility authorized agent; or
(3)  a peace officer.
(b)  A storage or notification fee imposed in connection with a motor vehicle towed to a vehicle storage facility is governed by Chapter 2303.
(c)  Except as provided by this chapter, Article 18.23, Code of Criminal Procedure, or Chapter 2303, a fee may not be charged or collected without the prior written consent of the vehicle owner or operator.
Added by Acts 2003, 78th Leg., ch. 1034, Sec. 10, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1197 (H.B. 480), Sec. 5, eff. September 1, 2005.
Renumbered from Transportation Code, Section 643.206 and amended by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 2.01, eff. September 1, 2007.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 919 (S.B. 1501), Sec. 11, eff. June 15, 2017.
Acts 2017, 85th Leg., R.S., Ch. 919 (S.B. 1501), Sec. 12, eff. June 15, 2017.
Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 14.006, eff. June 15, 2017.
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 12.003, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter E. Local Regulation of Towing and Booting › Section 2308.2065. Fees for Nonconsent Tows; Refunds

Sec. 2308.2065.  FEES FOR NONCONSENT TOWS; REFUNDS.  (a) A license or permit holder may not charge a fee for a nonconsent tow that is greater than:
(1)  the fee for a nonconsent tow established under Section 2308.0575; or
(2)  a fee for a nonconsent tow authorized by a political subdivision.
(b)  A license or permit holder may not charge a fee for a service related to a nonconsent tow that is not included in the list of fees established:
(1)  under Section 2308.0575; or
(2)  by a political subdivision.
(c)  The department may require a license or permit holder to refund to a vehicle owner or operator the:
(1)  amount charged to the owner or operator in excess of the amounts established by commission rule or by a political subdivision; or
(2)  total amount of the charges for a service not listed in the amounts established by commission rule or by a political subdivision.
Added by Acts 2011, 82nd Leg., R.S., Ch. 353 (H.B. 3510), Sec. 7, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter E. Local Regulation of Towing and Booting › Section 2308.208. Municipal or County Ordinance Regulating Unauthorized Vehicles and Towing of Motor Vehicles

Sec. 2308.208.  MUNICIPAL OR COUNTY ORDINANCE REGULATING UNAUTHORIZED VEHICLES AND TOWING OF MOTOR VEHICLES.  The governing body of a municipality or the commissioners court of a county may adopt an ordinance that is identical to this chapter or that imposes additional requirements that exceed the minimum standards of this chapter but may not adopt an ordinance conflicting with this chapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Renumbered from Transportation Code, Section 684.101 by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 2.02, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1310 (H.B. 2571), Sec. 8, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter E. Local Regulation of Towing and Booting › Section 2308.2085. Local Authority Regulation of Booting Activities

Sec. 2308.2085.  LOCAL AUTHORITY REGULATION OF BOOTING ACTIVITIES.  (a)  A local authority may regulate, in areas in which the entity regulates parking or traffic, booting activities, including:
(1)  operation of booting companies and operators that operate on a parking facility;
(2)  any permit and sign requirements in connection with the booting of a vehicle; and
(3)  fees that may be charged in connection with the booting of a vehicle.
(b)  Regulations adopted under this section must:
(1)  incorporate the requirements of Sections 2308.257 and 2308.258;
(2)  include procedures for vehicle owners and operators to file a complaint with the local authority regarding a booting company or operator; and
(3)  provide for the imposition of a penalty on a booting company or operator for a violation of Section 2308.258.
Added by Acts 2009, 81st Leg., R.S., Ch. 845 (S.B. 2153), Sec. 11, eff. September 1, 2009.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 919 (S.B. 1501), Sec. 13, eff. June 15, 2017.
Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 14.007, eff. June 15, 2017.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter E. Local Regulation of Towing and Booting › Section 2308.210. Roadway Clearance Program in Certain Counties; Offense

Sec. 2308.210.  ROADWAY CLEARANCE PROGRAM IN CERTAIN COUNTIES; OFFENSE.  (a)  In this section, "freeway" has the meaning assigned by Section 541.302, Transportation Code.
(b)  The commissioners court of a county adjacent to a county with a population of more than 3.3 million by order may establish a program:
(1)  for maintaining the safe movement of traffic on county freeways; and
(2)  under which a peace officer designated by the sheriff's office or the commissioners court is authorized to direct, at the scene of an incident or remotely, a towing company, only for the purpose of the program, to:
(A)  remove from a freeway, including the shoulder of a freeway, a vehicle that is impeding the safe movement of traffic; and
(B)  relocate the vehicle to the closest safe location for the vehicle to be stored.
(c)  An order under Subsection (b) must ensure the protection of the public and the safe and efficient operation of towing and storage services in the county.
(d)  The commissioners court of a county operating a program under this section:
(1)  may enter into an agreement with a federal agency, state agency, municipality, adjacent county, metropolitan rapid transit authority, or regional planning organization or any other governmental entity for the purpose of carrying out the program; and
(2)  may apply for grants and other funding to carry out the program.
(e)  A towing company or towing operator commits an offense if the company or operator violates a provision of an order establishing a program under this section relating to:
(1)  the presence of a tow truck at the scene of an incident on a freeway or other area under the jurisdiction of the program; or
(2)  the offering of towing or related services on a freeway or other area under the jurisdiction of the program.
(f)  An offense under Subsection (e) is a misdemeanor punishable by a fine of not less than $1 or more than $200.
Added by Acts 2017, 85th Leg., R.S., Ch. 919 (S.B. 1501), Sec. 14, eff. June 15, 2017.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter F. Unauthorized Vehicles › Section 2308.251. Prohibition Against Unattended Vehicles in Certain Areas

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 (H.B. 2018), 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 (H.B. 2094), Sec. 2.03, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 757 (S.B. 702), Sec. 11, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter F. Unauthorized Vehicles › Section 2308.254. Limitation on Parking Facility Owner's Authority to Remove Unauthorized Vehicle

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 (H.B. 2094), Sec. 2.03, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter F. Unauthorized Vehicles › Section 2308.255. Towing Company's Authority to Tow and Store Unauthorized Vehicle

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 are 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.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter F. Unauthorized Vehicles › Section 2308.2555. Removal of Certain Unauthorized Vehicles in Rural Areas

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.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter F. Unauthorized Vehicles › Section 2308.2565. Vehicle Storage Facility Duty to Report After Accepting Unauthorized Vehicle

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.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter F. Unauthorized Vehicles › Section 2308.257. Booting of Unauthorized Vehicle

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.
(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 (S.B. 2153), Sec. 12, eff. September 1, 2009.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 919 (S.B. 1501), Sec. 17, eff. June 15, 2017.
Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 14.009, eff. June 15, 2017.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter F. Unauthorized Vehicles › Section 2308.258. Boot Removal

Sec. 2308.258.  BOOT REMOVAL.  (a)  A booting company responsible for the installation of a boot on a vehicle shall remove the boot not later than one hour after the time the owner or operator of the vehicle contacts the company to request removal of the boot.
(b)  A booting company shall waive the amount of the fee for removal of a boot, excluding any associated parking fees, if the company fails to have the boot removed within the time prescribed by Subsection (a).
(c)  A booting company responsible for the installation of more than one boot on a vehicle may not charge a total amount for the removal of the boots that is greater than the amount of the fee for the removal of a single boot.
Added by Acts 2017, 85th Leg., R.S., Ch. 919 (S.B. 1501), Sec. 18, eff. June 15, 2017.
Added by Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 14.010, eff. June 15, 2017.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter G. Signs Prohibiting Unauthorized Vehicles and Designating Restricted Areas › Section 2308.301. General Requirements for Sign Prohibiting Unauthorized Vehicles

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, as applicable:
(A)  "Unauthorized Vehicles Will Be Towed or Booted at Owner's or Operator's Expense";
(B)  "Unauthorized Vehicles Will Be Towed at Owner's or Operator's Expense"; or
(C)  "Unauthorized Vehicles Will Be 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 (H.B. 2094), Sec. 2.04, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 845 (S.B. 2153), Sec. 13, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 353 (H.B. 3510), Sec. 12, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter G. Signs Prohibiting Unauthorized Vehicles and Designating Restricted Areas › Section 2308.302. Color, Layout, and Lettering Height Requirements

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:
(1)  in lettering at least two inches in height, contain the words, as applicable:
(A)  "Towing and Booting Enforced";
(B)  "Towing Enforced"; or
(C)  "Booting Enforced"; and
(2)  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 (H.B. 2094), Sec. 2.04, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 845 (S.B. 2153), Sec. 14, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 353 (H.B. 3510), Sec. 13, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter G. Signs Prohibiting Unauthorized Vehicles and Designating Restricted Areas › Section 2308.303. Telephone Number for Locating Towed Vehicle Required

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 (H.B. 2094), Sec. 2.04, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter G. Signs Prohibiting Unauthorized Vehicles and Designating Restricted Areas › Section 2308.304. Designation of Restricted Parking Spaces on Otherwise Unrestricted Parking Facility

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 (H.B. 2094), Sec. 2.04, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter G. Signs Prohibiting Unauthorized Vehicles and Designating Restricted Areas › Section 2308.305. Individual Parking Restrictions in Restricted Area

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 (H.B. 2094), Sec. 2.04, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter H. Regulation of Parking on Certain Public Roadway Areas › Section 2308.351. Removal of Unauthorized Vehicle From Leased Right-of-Way

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 (H.B. 2094), Sec. 2.05, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter H. Regulation of Parking on Certain Public Roadway Areas › Section 2308.352. Removal of Unauthorized Vehicle From Area Between Parking Facility and Public Roadway

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 (H.B. 2094), Sec. 2.05, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter H. Regulation of Parking on Certain Public Roadway Areas › Section 2308.353. Removal Under Governmental Entity's Authority of Unauthorized Vehicle Parked in Right-of-Way

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 (H.B. 2094), Sec. 2.05, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter H. Regulation of Parking on Certain Public Roadway Areas › Section 2308.354. Authority for Removal of Vehicle From Public Roadway

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.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter I. Regulation of Towing Companies and Parking Facility Owners › Section 2308.401. Parking Facility Owner Prohibited From Receiving Financial Gain From Towing Company or Booting Company

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.
(c)  This section does not apply to a sign required under Section 2308.301 provided by a towing or booting company to a parking facility owner.
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 (H.B. 2094), Sec. 2.06, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 845 (S.B. 2153), Sec. 16, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 353 (H.B. 3510), Sec. 14, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter I. Regulation of Towing Companies and Parking Facility Owners › Section 2308.402. Towing Company and Booting Company Prohibited From Financial Involvement With Parking Facility Owner

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.
(c)  This section does not apply to a sign required under Section 2308.301 provided by a towing or booting company to a parking facility owner.
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 (H.B. 2094), Sec. 2.06, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 845 (S.B. 2153), Sec. 17, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 353 (H.B. 3510), Sec. 15, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter I. Regulation of Towing Companies and Parking Facility Owners › Section 2308.403. Limitation on Liability of Parking Facility Owner for Removal or Storage of Unauthorized Vehicle

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 (H.B. 2094), Sec. 2.06, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2308 - Vehicle Towing and Booting › Subchapter I. Regulation of Towing Companies and Parking Facility Owners › Section 2308.404. Civil Liability of Towing Company, Booting Company, or Parking Facility Owner for Violation of Chapter

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)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 353, Sec. 19(a)(3), eff. September 1, 2011.
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 (H.B. 2094), Sec. 2.06, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 845 (S.B. 2153), Sec. 18, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 845 (S.B. 2153), Sec. 19, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1310 (H.B. 2571), Sec. 12, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 353 (H.B. 3510), Sec. 19(a)(3), eff. September 1, 2011.