(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:
(3) Each sign required under this subsection must contain:
(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:
(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.
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