Sec. 2308.255. TOWING COMPANY'S OR BOOT OPERATOR'S AUTHORITY TO REMOVE AND STORE OR BOOT UNAUTHORIZED VEHICLE. (a) A towing company that is insured as provided by Subsection (c) may, without the consent of an owner or operator of an unauthorized vehicle, remove 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 parking facility owner has installed the signs required by Section 2308.252(a)(1); 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 remove 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 removal is approved by a peace officer.
(b) A towing company may not remove an unauthorized vehicle except under:
(1) this chapter;
(2) a municipal ordinance that complies with Section 2308.208; or
(3) the direction of a peace officer or 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 remove and store an unauthorized vehicle under this section.
(d) A towing company may remove and store a vehicle under Subsection (a) and a boot operator may boot a vehicle under Section 2308.257 only if the parking facility owner:
(1) requests that the towing company remove and store or that the boot operator boot the specific vehicle; or
(2) has a standing written agreement with the towing company or boot operator to enforce parking restrictions in the parking facility.
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. 8, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 353 (H.B. 3510), Sec. 9, eff. September 1, 2011.
Section: Previous 2308.208 2308.2085 2308.209 2308.251 2308.252 2308.253 2308.254 2308.255 2308.2555 2308.2565 2308.257 2308.301 2308.302 2308.303 2308.304 NextLast modified: September 28, 2016