Authorization: Private property owners must post signs that are clearly visible from the street or parking lot, indicating that unauthorized vehicles will be towed. The signs must meet the size, color, and font requirements specified in the Texas Transportation Code.
Notice of Intent: Before a vehicle can be towed, the property owner must attach a notice of intent to the vehicle. This notice must state that the vehicle is parked illegally and will be towed if not moved within a specified period of time, which must be at least 24 hours.
Towing Company Selection: Private property owners can only hire towing companies that are registered with the Texas Department of Licensing and Regulation (TDLR). The towing company must also comply with the TDLR's rules and regulations for private property towing.
Towing Fees: Towing fees must be reasonable and customary for the area. The property owner must post a schedule of towing fees in a conspicuous location. The towing company cannot charge any additional fees or surcharges without the property owner's written consent.
Storage Fees: If the towed vehicle is not picked up within the specified time frame, the towing company may charge daily storage fees. The property owner must post the storage fee schedule in a conspicuous location.
Vehicle Release: The owner of the towed vehicle can reclaim it by paying the towing and storage fees. If the owner cannot be located or does not pay the fees within the specified time frame, the towing company may sell the vehicle at a public auction.
Prohibited Practices: Private property owners and towing companies are prohibited from engaging in certain practices, such as:
- Coercion or intimidation to force the owner to pay inflated towing or storage fees.
- Towing a vehicle without following the required procedures or without proper authorization.
- Failing to provide a receipt for payment of towing and storage fees.
- Selling a towed vehicle without following the legal process.
Enforcement: Violations of private property towing laws can result in civil penalties and criminal charges. Property owners and towing companies can also be held liable for damages caused to towed vehicles.
It's important to note that local ordinances and regulations may have additional requirements or restrictions regarding private property towing. Therefore, it's always a good idea to check with the local authorities or relevant agencies to ensure compliance with all applicable laws and regulations before having vehicles towed from private property.