Tex. Occ. Code § 2308.255 · Subchapter F. UNAUTHORIZED VEHICLES
TOWING COMPANY'S AUTHORITY TO TOW AND STORE UNAUTHORIZED VEHICLE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
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.
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 889b8bf65d3f0c1bba189b5f870a14abf6f477c6b5cd53d13c08f76da76740d9
- 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.
Occupations Code
- Tex. Occ. Code § 2308.208MUNICIPAL OR COUNTY ORDINANCE REGULATING UNAUTHORIZED VEHICLES AND TOWING OF MOTOR VEHICLES.Printed as Section 2308.208
- Tex. Occ. Code § 2308.251PROHIBITION AGAINST UNATTENDED VEHICLES IN CERTAIN AREAS.Printed as Section 2308.251
- Tex. Occ. Code § 2308.252REMOVAL AND STORAGE OF UNAUTHORIZED VEHICLE.Printed as Section 2308.252(a)(1) | Section 2308.252(a)(2) | Section 2308.252(a)(3)
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.