Tex. Occ. Code § 2308.252 · Subchapter F. UNAUTHORIZED VEHICLES
REMOVAL AND STORAGE OF UNAUTHORIZED VEHICLE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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 Motor Vehicles, 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.
Notes and commentary — not statutory text
History
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 (H.B. 480), Sec. 6, eff. September 1, 2005.
Renumbered from Transportation Code, Section 684.012 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. 9, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 764 (S.B. 1053), Sec. 2, eff. September 1, 2013.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/OC/htm/OC.2308.htm
- Text hash
- sha256 466c7de208d220fbbd5208a2a10eaa4e95bad6243984a273d3808f2610357a39
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 4 provisions
Provisions in this library whose text cites Tex. Occ. Code § 2308.252. Each shows the citation as that text prints it.
Occupations Code
- Tex. Occ. Code § 2308.255TOWING COMPANY'S AUTHORITY TO TOW AND STORE UNAUTHORIZED VEHICLE.Printed as Section 2308.252(a)(1) | Section 2308.252(a)(2) | Section 2308.252(a)(3)
- Tex. Occ. Code § 2308.301GENERAL REQUIREMENTS FOR SIGN PROHIBITING UNAUTHORIZED VEHICLES.Printed as Section 2308.252(a)(1)
- Tex. Occ. Code § 2308.351REMOVAL OF UNAUTHORIZED VEHICLE FROM LEASED RIGHT-OF-WAY.Printed as Section 2308.252(a)(1)
- Tex. Occ. Code § 2308.352REMOVAL OF UNAUTHORIZED VEHICLE FROM AREA BETWEEN PARKING FACILITY AND PUBLIC ROADWAY.Printed as Section 2308.252(a)(2)
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.