Towed From A Private Lot
Occ. Code 2308.252 — signs up 24 hours, a hearing asked for within 14 days, and three times the fees
In Texas, a parking facility owner may have an unauthorized vehicle removed and stored at its owner's or operator's expense on one of the grounds the section lists: compliant signs on the facility at the time of towing and for the preceding 24 hours, actual notice to the driver that the vehicle would be towed, or a notice on the windshield followed by certified mail.
- Facing and conspicuously visible to a driver entering, at each driveway or curb-cut, permanently mounted with the bottom edge no lower than five feet and no higher than eight feet above ground.
- At least 18 inches wide and 24 inches tall, with the international symbol for towing vehicles.
- A statement of who may park, and the words that unauthorized vehicles will be towed at the owner's or operator's expense.
- The days and hours of enforcement, and a telephone number answered 24 hours a day.
Apartment lots and expired tags. At an apartment complex, a vehicle may not be towed merely because it lacks an unexpired license plate or registration insignia, unless a contract provision requires at least 10 days' written notice. A lease term in conflict with the section is void.
A hearing, asked for within 14 days. The owner or operator of a vehicle removed without consent is entitled to a hearing on whether probable cause existed for the removal. The written request goes to the court before the 14th day after the vehicle was removed, excluding Saturdays, Sundays and legal holidays, and that period does not begin until the towing company or storage facility provides the information the request needs.
What a violation can be worth. A towing company or parking facility owner who violates the chapter is liable for damages and for the fees, without the vehicle owner having to prove negligence, and one who intentionally, knowingly or recklessly violates it is liable for $1,000 plus three times the fees.
| The assumption | What the law actually does |
|---|---|
| The assumptionAn apartment can tow for an expired sticker at any time | What the law actually doesNot merely for that, unless a contract requires 10 days' written notice |
| The assumptionThere is no way to challenge a private tow | What the law actually doesA hearing on probable cause, requested before the 14th day |
Local ordinances, fee schedules and police ordered impounds are not all on this page. Whether a particular tow was lawful is a question for a licensed Texas attorney. A towing company tows only under the chapter, a compliant municipal ordinance, or the direction of a peace officer or the vehicle's owner or operator.
Sources for this section (7)
- Occ. Code 2308.252 — Removal and storage of unauthorized vehicle
- Occ. Code 2308.301 — General requirements for sign prohibiting unauthorized vehicles
- Occ. Code 2308.253 — Unattended vehicles on parking facility of apartment complex
- Occ. Code 2308.255 — Towing company's authority to tow and store unauthorized vehicle
- Occ. Code 2308.404 — Civil liability of towing company, booting company, or parking facility owner
- Occ. Code 2308.452 — Right of owner or operator of vehicle to hearing
- Occ. Code 2308.456 — Request for hearing
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.