Sec. 2308.252. REMOVAL AND STORAGE OF UNAUTHORIZED VEHICLE. (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.
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.
Section: Previous 2308.203 2308.205 2308.2065 2308.208 2308.2085 2308.209 2308.251 2308.252 2308.253 2308.254 2308.255 2308.2555 2308.2565 2308.257 2308.301 NextLast modified: September 28, 2016