| (a) Except for signs required by Texas Occupations
Code, §2308.301, a towing company may not directly or indirectly
give anything of value to a parking facility owner in connection with
the removal of a vehicle from a parking facility.
(b) A towing company may not have a direct or indirect
monetary interest in a parking facility from which the towing company
for compensation removes unauthorized vehicles.
(c) A towing company may not tow a vehicle to a vehicle
storage facility unless the vehicle storage facility is in compliance
with the required postings in Texas Occupations Code, §2308.207.
(d) A towing company may not remove and store an unauthorized
vehicle unless authorized by Texas Occupations Code, §2308.255.
(e) A towing company may not perform a nonconsent tow
unless the property from which the vehicle is towed is in compliance
with Texas Occupations Code, §§2308.301 - 2308.305.
(f) Except as authorized by Texas Occupations Code, §§2308.351
- 2308.354, a towing company may not perform a nonconsent tow from:
(1) a leased right-of-way;
(2) an area between a parking facility and a public
right-of-way;
(3) a public right-of-way; or
(4) a public roadway.
(g) A towing company may not contract for the removal
from a parking facility of a vehicle that does not display an unexpired
license plate or registration insignia or a valid inspection certificate,
unless the towing company notes on the tow ticket the:
(1) name of the person or company that authorized the
tow;
(2) telephone number of the company or person that
authorized the tow; and
(3) date of compliance with the notice provisions in
Texas Occupations Code, §2308.253(e).
(h) A towing company or towing operator may not charge
a fee for a nonconsent tow that is greater than the fee listed in
the schedule most recently submitted to the department.
(i) A towing company or towing operator may not charge
a fee related to a nonconsent tow that is not listed in the schedule
most recently submitted to the department.
(j) A towing company may not charge a fee for a nonconsent
tow that is greater than the statewide fee or nonconsent tow fee authorized
by Texas Occupations Code, §2308.2065.
(k) A towing company may not charge a fee related to
a nonconsent tow unless that fee is authorized by the statewide fee
or nonconsent tow fees authorized by Texas Occupations Code, §2308.2065.
(l) A towing company must keep record of every nonconsent
tow including, but not limited to, the following information:
(1) vehicle description, including license or vehicle
identification number, if available;
(2) a statement describing the reason for towing the
vehicle;
(3) location vehicle towed from; and
(4) vehicle storage location.
(m) A towing company may not employ or contract with
unlicensed persons required to hold a license under this chapter.
(n) Relocation from one area of a parking facility
to another area on the same parking facility may occur if:
(1) Except in case of an emergency involving threat
of imminent danger to property, signs complying with this section
are installed in the parking facility a minimum of 72 hours preceding
relocation.
(2) Each sign required under this subsection may be
temporary and must:
(A) be mounted on a pole, post, wall or freestanding
board;
(B) be at least 18 inches wide and 24 inches tall;
and
(C) be installed so that the bottom edge of the sign
is no lower than 6 inches and no higher than 6 feet above ground level.
(3) Each sign required under this subsection must contain:
(A) a red international tow symbol on a white background;
(B) a statement designating the areas which are temporary
no parking areas and stating that vehicles parked in the designated
area will be relocated to another location on the same parking facility;
and
(C) the location where vehicles will be relocated,
if known, or a telephone number, including area code, that is answered
24 hours a day to identify the location of a relocated vehicle.
(4) Each required sign must face and be conspicuously
visible to a driver that enters the area of the parking facility from
which vehicles will be relocated.
(5) Each required sign must be located:
(A) on the right or left of each driveway or curb-cut
through which a vehicle can enter the area subject to relocation,
including an entry from an alley abutting the facility; or
(B) at intervals along the entrance to the area subject
to relocation so that no entrance is farther than 25 feet from a sign
if:
(i) curbs, access barriers, landscaping, or driveways
do not establish definite vehicle entrances onto the area of a parking
facility subject to relocation; and
(ii) the width of an entrance to an area of relocation
exceeds 35 feet.
(o) Upon request, the parking facility owner or agent
must provide the contact information for the tow company responsible
for the relocation.
(p) A peace officer is authorized to direct the relocation
of a vehicle from one location on a parking facility to another location
on the parking facility to further public safety.
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| Source Note: The provisions of this §86.705 adopted to be effective April 15, 2008, 33 TexReg 2940; amended to be effective May 3, 2010, 35 TexReg 3486; amended to be effective January 16, 2012, 37 TexReg 116; amended to be effective February 15, 2019, 44 TexReg 586 |
