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.
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