SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 2308.001 - Short Title
This chapter may be cited as the Texas Towing and Booting Act. Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.12,...
- Texas Section 2308.002 - Definitions
In this chapter: (1) "Advisory board" means the Towing, Storage, and Booting Advisory Board. (1-a) "Boot" means a lockable road wheel clamp or similar vehicle...
SUBCHAPTER B ADVISORY BOARD
- Texas Section 2308.004 - Exemption
(a) This chapter does not apply to a person who, while exercising a statutory or contractual lien right with regard to a vehicle: (1) installs...
- Texas Section 2308.051 - Towing, Storage, And Booting Advisory Board
Sec. 2308.051. TOWING, STORAGE, AND BOOTING ADVISORY BOARD. Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch. 457 (H.B. 2548), Sec. 7...
- Texas Section 2308.052 - Terms; Vacancies
(a) Advisory board members serve terms of six years, with the terms of two or three members, as appropriate, expiring on February 1 of each...
- Texas Section 2308.053 - Presiding Officer
The presiding officer of the commission shall appoint one of the advisory board members to serve as presiding officer of the advisory board for a...
- Texas Section 2308.054 - Compensation; Reimbursement Of Expenses
Advisory board members may not receive compensation but are entitled to reimbursement for actual and necessary expenses incurred in performing the functions of the advisory...
- Texas Section 2308.055 - Meetings
The advisory board shall meet twice annually and may meet at other times at the call of the presiding officer of the commission or the...
- Texas Section 2308.056 - General Powers And Duties
The executive director or commission, as appropriate, may take action as necessary to administer and enforce this chapter. Added by Acts 2007, 80th Leg., R.S.,...
- Texas Section 2308.057 - Rules
(a) The commission shall adopt rules for permitting tow trucks and licensing towing operators, towing companies, booting companies, and boot operators. The commission may adopt...
- Texas Section 2308.0575 - Rules On Fees; Contract For Study; Confidential Information
(a) To protect the public health and safety, the commission by rule shall establish: (1) the fees that may be charged in connection with a...
- Texas Section 2308.058 - Fees
The commission shall establish and collect reasonable and necessary fees in amounts sufficient to cover the costs of administering this chapter. Added by Acts 2007,...
- Texas Section 2308.059 - Periodic And Risk-based Inspections
(a) The department may enter and inspect at any time during business hours: (1) the place of business of any person regulated under this chapter;...
- Texas Section 2308.060 - Powers And Duties Of Advisory Board
The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration and enforcement of this chapter, including examination...
SUBCHAPTER C TOW TRUCK PERMIT REQUIREMENTS
- Texas Section 2308.061 - Personnel
The department may employ personnel necessary to administer and enforce this chapter. Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.12,...
- Texas Section 2308.101 - Permit Required
A tow truck may not be used for consent towing or nonconsent towing on a public roadway in this state unless an appropriate permit has...
- Texas Section 2308.102 - Application Requirements
(a) An applicant for a permit under this subchapter must submit to the department: (1) a completed application on a form prescribed by the executive...
- Texas Section 2308.103 - Requirements For Incident Management Towing Permit
(a) An incident management towing permit is required for a tow truck used to perform any nonconsent tow initiated by a peace officer, including a...
- Texas Section 2308.104 - Requirements For Private Property Towing Permit
(a) A private property towing permit is required for a tow truck used to perform a nonconsent tow authorized by a parking facility owner under...
- Texas Section 2308.105 - Requirements For Consent Towing Permit
(a) A consent towing permit is required for a tow truck used to perform a consent tow authorized by the vehicle owner. (b) To be...
- Texas Section 2308.106 - Department Approval; Issuance Of Permit
(a) The department shall issue a permit under this subchapter to an applicant who meets the requirements for a permit. The department may deny an...
- Texas Section 2308.107 - Permit Renewal
(a) A permit issued under this chapter is valid for one year. The department may adopt a system under which permits expire at different times...
- Texas Section 2308.108 - Cab Cards
(a) The department shall issue a cab card for each tow truck issued a permit. The cab card must: (1) show the permit number of...
- Texas Section 2308.109 - Display Of Information On Tow Truck
(a) A permit holder shall display on each permitted tow truck: (1) the permit holder's name; (2) the permit holder's telephone number; (3) the city...
SUBCHAPTER D LICENSE REQUIREMENTS
- Texas Section 2308.110 - Financial Responsibility
(a) A permit holder shall maintain liability insurance for each tow truck according to the requirements under this subchapter. (b) Unless state law permits a...
- Texas Section 2308.151 - License Required
Unless the person holds an appropriate license under this subchapter, a person may not: (1) perform towing operations; (2) operate a towing company; (3) perform...
- Texas Section 2308.152 - General License Application Requirements
An applicant for a license under this subchapter must submit to the department: (1) a completed application on a form prescribed by the executive director;...
- Texas Section 2308.1521 - Vehicle Storage Facility Employee And Towing Operator; Dual License
(a) The commission shall adopt rules for the issuance of a dual license for a person who is a vehicle storage facility employee and towing...
- Texas Section 2308.153 - Incident Management Towing Operator's License
(a) An incident management towing operator's license is required to operate a tow truck permitted under Section 2308.103. (b) An applicant for an incident management...
- Texas Section 2308.154 - Private Property Towing Operator's License
(a) A private property towing operator's license is required to operate a tow truck permitted under Section 2308.104. (b) An applicant for a private property...
- Texas Section 2308.155 - Consent Towing Operator's License
(a) A consent towing operator's license is required to operate a tow truck permitted under Section 2308.105. (b) An applicant for a consent towing operator's...
- Texas Section 2308.1551 - Training License
(a) The department may issue a training license to an applicant for a license under this subchapter if the applicant: (1) holds a valid driver's...
- Texas Section 2308.1555 - Boot Operator's License
(a) A boot operator's license is required to install or remove a boot from a vehicle. (b) An applicant for a boot operator's license must...
- Texas Section 2308.1556 - Booting Company License
(a) A booting company license is required for a person to operate a booting company. (b) To be eligible for a booting company license, an...
- Texas Section 2308.156 - Nontransferability Of License
A license issued by the executive director is valid throughout this state and is not transferable. Added by Acts 2007, 80th Leg., R.S., Ch. 1046...
- Texas Section 2308.157 - Continuing Education
(a) The commission by rule shall recognize, prepare, or administer continuing education programs for license holders. Except as provided by Subsection (c), each license holder...
- Texas Section 2308.158 - Alcohol And Drug Testing Of Towing Operators
(a) A towing company shall establish an alcohol and drug testing policy for towing operators. A towing company that establishes an alcohol and drug testing...
SUBCHAPTER E LOCAL REGULATION OF TOWING AND BOOTING
- Texas Section 2308.159 - License Renewal
(a) A license issued under this subchapter is valid for one year. The department may adopt a system under which licenses expire at different times...
- Texas Section 2308.201 - Tow Truck Regulation By Political Subdivisions
(a) A political subdivision of this state may regulate the operation of a tow truck to the extent allowed by federal law, except that a...
- Texas Section 2308.202 - Regulation By Political Subdivisions Of Fees For Nonconsent Tows
The governing body of a political subdivision may regulate the fees that may be charged or collected in connection with a nonconsent tow originating in...
- Texas Section 2308.203 - Towing Fee Studies
(a) The governing body of a political subdivision that regulates nonconsent tow fees shall establish procedures by which a towing company may request that a...
- Texas Section 2308.205 - Storage Of Towed Vehicles
(a) A towing company that makes a nonconsent tow shall tow the vehicle to a vehicle storage facility that is operated by a person who...
- Texas Section 2308.2065 - Fees For Nonconsent Tows; Refunds
(a) A license or permit holder may not charge a fee for a nonconsent tow that is greater than: (1) the fee for a nonconsent...
- Texas Section 2308.208 - Municipal Or County Ordinance Regulating Unauthorized Vehicles And Towing Of Motor Vehicles
The governing body of a municipality or the commissioners court of a county may adopt an ordinance that is identical to this chapter or that...
- Texas Section 2308.2085 - Municipal Ordinance Regulating Booting Companies And Operators
(a) A municipality may adopt an ordinance that is identical to the booting provisions in this chapter or that imposes additional requirements that exceed the...
SUBCHAPTER F UNAUTHORIZED VEHICLES
- Texas Section 2308.209 - Tow Rotation List In Certain Counties
(a) Repealed by Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 27.002(37), eff. September 1, 2009. (b) This section applies only to the unincorporated area...
- Texas Section 2308.251 - Prohibition Against Unattended Vehicles In Certain Areas
(a) The owner or operator of a vehicle may not leave unattended on a parking facility a vehicle that: (1) is in or obstructs a...
- Texas Section 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...
- Texas Section 2308.253 - Unattended Vehicles On Parking Facility Of Apartment Complex; Removal And Storage Of Vehicles
(a) This section applies only to a parking facility serving or adjacent to an apartment complex consisting of one or more residential apartment units and...
- Texas Section 2308.254 - Limitation On Parking Facility Owner's Authority To Remove Unauthorized Vehicle
A parking facility owner may not have an unauthorized vehicle removed from the facility except: (1) as provided by this chapter or a municipal ordinance...
- Texas Section 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,...
- Texas Section 2308.2555 - Removal Of Certain Unauthorized Vehicles In Rural Areas
(a) This section applies only to an abandoned vehicle that has damaged a fence on private property in a rural area. (b) A law enforcement...
- Texas Section 2308.2565 - Vehicle Storage Facility Duty To Report After Accepting Unauthorized Vehicle
(a) Except for an incident management tow requested by a law enforcement agency, a vehicle storage facility accepting a vehicle that is towed under this...
SUBCHAPTER G SIGNS PROHIBITING UNAUTHORIZED VEHICLES AND DESIGNATING RESTRICTED AREAS
- Texas Section 2308.257 - Booting Of Unauthorized Vehicle
(a) A parking facility owner may, without the consent of the owner or operator of an unauthorized vehicle, cause a boot to be installed on...
- Texas Section 2308.301 - General Requirements For Sign Prohibiting Unauthorized Vehicles
(a) Except as provided by Subsection (a)(2)(B) and Section 2308.304 or 2308.305, an unauthorized vehicle may not be towed under Section 2308.252(a)(1) or booted under...
- Texas Section 2308.302 - Color, Layout, And Lettering Height Requirements
(a) Except as provided by Section 2308.305, each sign required by this chapter must comply with the color, layout, and lettering height requirements of this...
- Texas Section 2308.303 - Telephone Number For Locating Towed Vehicle Required
If a parking facility owner posts a sign described by Sections 2308.301 and 2308.302, the owner of a vehicle that is towed from the facility...
- Texas Section 2308.304 - Designation Of Restricted Parking Spaces On Otherwise Unrestricted Parking Facility
A parking facility owner may designate one or more spaces as restricted parking spaces on a portion of an otherwise unrestricted parking facility. Instead of...
SUBCHAPTER H REGULATION OF PARKING ON CERTAIN PUBLIC ROADWAY AREAS
- Texas Section 2308.305 - Individual Parking Restrictions In Restricted Area
(a) A parking facility owner who complies with Sections 2308.301 and 2308.302 may impose further specific parking restrictions in an area to which the signs...
- Texas Section 2308.351 - Removal Of Unauthorized Vehicle From Leased Right-of-way
Unless prohibited by the lease, a parking facility owner or towing company may remove an unauthorized vehicle parked in a leased area described by Section...
- Texas Section 2308.352 - Removal Of Unauthorized Vehicle From Area Between Parking Facility And Public Roadway
Unless prohibited by a municipal ordinance, a parking facility owner or towing company may remove an unauthorized vehicle any part of which is in an...
- Texas Section 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...
SUBCHAPTER I REGULATION OF TOWING COMPANIES, BOOTING COMPANIES, AND PARKING FACILITY OWNERS
- Texas Section 2308.354 - Authority For Removal Of Vehicle From Public Roadway
(a) Under an ordinance of a municipality regulating the parking of vehicles in the municipality, to aid in the enforcement of the ordinance, an employee...
- Texas Section 2308.401 - Parking Facility Owner Prohibited From Receiving Financial Gain From Towing Company Or Booting Company
(a) A parking facility owner may not directly or indirectly accept anything of value from: (1) a towing company in connection with the removal of...
- Texas Section 2308.402 - Towing Company And Booting Company Prohibited From Financial Involvement With Parking Facility Owner
(a) A towing company or booting company may not directly or indirectly give anything of value to a parking facility owner in connection with: (1)...
- Texas Section 2308.403 - Limitation On Liability Of Parking Facility Owner For Removal Or Storage Of Unauthorized Vehicle
A parking facility owner who causes the removal of an unauthorized vehicle is not liable for damages arising from the removal or storage of the...
- Texas Section 2308.404 - Civil Liability Of Towing Company, Booting Company, Or Parking Facility Owner For Violation Of Chapter
(a) A towing company, booting company, or parking facility owner who violates this chapter is liable to the owner or operator of the vehicle that...
- Texas Section 2308.405 - Criminal Penalty
A person commits an offense if the person violates this chapter. An offense under this section is a misdemeanor punishable by a fine of not...
- Texas Section 2308.406 - Violation Of Chapter; Injunction
A violation of this chapter may be enjoined under Subchapter E, Chapter 17, Business & Commerce Code. Acts 1995, 74th Leg., ch. 165, Sec. 1,...
SUBCHAPTER J RIGHTS OF OWNERS AND OPERATORS OF STORED OR BOOTED VEHICLES
- Texas Section 2308.407 - Minor Sign Or Lettering Height Variations
A minor variation of a required or minimum height of a sign or lettering is not a violation of this chapter. Acts 1995, 74th Leg.,...
- Texas Section 2308.451 - Payment Of Cost Of Removal, Storage, And Booting Of Vehicle
(a) If in a hearing held under this chapter the court finds that a person or law enforcement agency authorized, with probable cause, the removal...
- Texas Section 2308.452 - Right Of Owner Or Operator Of Vehicle To Hearing
The owner or operator of a vehicle that has been removed and placed in a vehicle storage facility or booted without the consent of the...
- Texas Section 2308.453 - Jurisdiction
A hearing under this chapter shall be in any justice court in: (1) the county from which the motor vehicle was towed; or (2) for...
- Texas Section 2308.454 - Notice To Vehicle Owner Or Operator
(a) If before a hearing held under this chapter the owner or operator of a vehicle pays the costs of the vehicle's removal or storage,...
- Texas Section 2308.455 - Contents Of Notice
The notice under Section 2308.454 must include: (1) a statement of: (A) the person's right to submit a request within 14 days for a court...
- Texas Section 2308.456 - Request For Hearing
Sec. 2308.456. REQUEST FOR HEARING. (a) Except as provided by Subsections (c) and (c-1), a person entitled to a hearing under this chapter must deliver...
- Texas Section 2308.457 - Filing Fee Authorized
The court may charge a filing fee of $20 for a hearing under this chapter. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept....
- Texas Section 2308.458 - Hearing
(a) A hearing under this chapter shall be held before the 21st calendar day after the date the court receives the request for the hearing....
- Texas Section 2308.459 - Appeal
An appeal from a hearing under this chapter is governed by the rules of procedure applicable to civil cases in justice court, except that no...
SUBCHAPTER K ENFORCEMENT
- Texas Section 2308.460 - Enforcement Of Award
(a) An award under this chapter may be enforced by any means available for the enforcement of a judgment for a debt. (b) The department...
- Texas Section 2308.501 - Administrative Penalty
(a) The commission may impose an administrative penalty on a person under Subchapter F, Chapter 51, regardless of whether the person holds a registration, permit,...
- Texas Section 2308.502 - Cease And Desist Order; Injunction; Civil Penalty
(a) The executive director may issue a cease and desist order as necessary to enforce this chapter if the executive director determines that the action...
- Texas Section 2308.503 - Sanctions
The department may impose sanctions as provided by Section 51.353. Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 2.09, eff. September...
- Texas Section 2308.504 - Criminal Penalty; Licensing
(a) A person commits an offense if the person: (1) violates the permitting or licensing requirements of this chapter; (2) performs towing without a license...
- Texas Section 2308.505 - Criminal Penalty; Towing
(a) A person commits an offense if the person: (1) violates an ordinance, resolution, order, rule, or regulation of a political subdivision adopted under Section...