Towing laws in Texas cap what a company can charge, require specific signs before a private lot can tow you, and give you 14 business days to challenge an unauthorized tow in justice court, where the towing company has to prove the tow was lawful. The rules differ depending on whether your car was pulled from private property, a public road, or at the direction of a peace officer, and knowing which set applies is the fastest way to avoid overpaying or losing the car at auction.
When a Tow Is Legal
Private property towing is governed by Chapter 2308 of the Occupations Code and covers apartment complexes, shopping centers, and office lots.1State of Texas. Texas Occupations Code Title 14, Subtitle A, Chapter 2308 – Vehicle Towing and Booting A property owner can have your vehicle towed if it is parked in violation of posted restrictions, blocking access, or left in a fire lane. Vehicles blocking a fire lane or abandoned on the property can be removed with no advance warning. Every operator performing these tows must be licensed by the Texas Department of Licensing and Regulation (TDLR) and must notify local law enforcement within two hours of the pickup.2Texas Department of Licensing and Regulation (TDLR). VSF Notification Process
Peace officers have separate authority under Transportation Code Section 545.305. An officer can order a tow when a vehicle is unattended and obstructing traffic on a bridge, tunnel, or causeway; unlawfully parked and blocking a private driveway; reported stolen; abandoned for more than 48 hours; or disabled with no owner present to arrange removal. Officers can also tow after arresting the driver if no one else is available to take the car, and they can order removal of any vehicle that poses a hazard or interferes with government operations.3TRANSPORTATION CODE. Texas Transportation Code Chapter 545 – Operation and Movement of Vehicles The vehicle must go to the nearest garage, a government-designated facility, or a spot off the roadway, and the owner is responsible for reasonable towing and storage costs. If the car is seized as evidence, normal release procedures wait until the investigating officer lifts the hold.
Sign Requirements That Make or Break a Private-Property Tow
Most successful challenges to private-property tows start with the signs. Section 2308.302 lays out exact specifications, and if the property owner’s signs miss any of them, the tow may not survive a hearing.
The top of each sign must show a bright red international towing symbol, a solid silhouette of a tow truck towing a vehicle, at least four inches tall on a white background. Directly below, the words “Towing Enforced” or “Towing and Booting Enforced” must appear in white letters at least two inches high on a bright red background. The remaining required details go beneath in bright red letters at least one inch high on a white background, and the bottom section must give the phone number of the towing company or storage facility in white on a bright red background.4Texas Public Law. Texas Occupations Code 2308.302 – Color, Layout, and Lettering Height A sign must be posted at each entrance to the property.
Single-family homes and duplexes can have vehicles towed without signs in limited cases, such as when a car is blocking a driveway or parked in a fire lane. Larger residential complexes have to comply with the full signage rules. If an owner needs a temporary tow-away zone for construction or an event, the notice must go up at least 48 hours in advance.
What the Company Can Charge
Texas caps towing and storage fees, and TDLR publishes the statewide maximums. Local governments can set lower caps but not higher ones.
- Tow fee: up to $272 for a vehicle weighing 10,000 pounds or less; heavier vehicles cost more.5Texas Department of Licensing and Regulation. VSF Fees and Other Charges
- Storage fee: up to $22.85 per day for vehicles 25 feet or shorter, and up to $39.99 per day for longer vehicles, based on the most recent biennial adjustment.5Texas Department of Licensing and Regulation. VSF Fees and Other Charges
- Drop fee: if you arrive after the truck has fully hooked up your car but before it leaves the lot, you can pay a drop fee to stop the tow, and that fee cannot exceed half the maximum towing fee ($136 for a standard vehicle). If you arrive before the vehicle is fully hooked up, the operator must release it at no charge.6Texas Department of Licensing and Regulation. Towing At A Glance
Only fees TDLR has explicitly authorized are enforceable, and a facility charging above the published maximums faces sanctions.7Texas Department of Licensing and Regulation. Vehicle Storage Facilities Penalties and Sanctions
Payment and Notice Rules
Every vehicle storage facility must accept cash, debit cards, and credit cards for any towing or storage fee, and a sign stating this has to be posted at the facility.5Texas Department of Licensing and Regulation. VSF Fees and Other Charges The facility cannot add card surcharges or demand exact change. Refusing a valid payment method is itself a violation.
After a car is placed in storage, the facility must send written notice to the registered owner and primary lienholder by certified or electronic certified mail. For Texas-registered vehicles, the notice must go out within five days but no sooner than 24 hours after receipt; for out-of-state registrations, the deadline is 14 days.8Cornell Law School. 16 Texas Admin Code 85.703 – Responsibilities of Licensee – Notice to Vehicle Owner or Lienholder The notice has to state the reason for the tow, the daily storage rate, the facility’s location, and how to retrieve the vehicle. A facility that misses the deadline cannot start charging storage fees until it sends the notice.
Getting Your Car and Belongings Back
To release the vehicle, bring valid identification and proof that you own or are authorized to possess it. You’ll pay the tow fee plus accrued daily storage before the car leaves the lot.
Something most drivers don’t know: you can retrieve personal belongings from the vehicle at any time, free of charge, without paying the tow or storage fees first. The facility must let you remove items like clothing, documents, tools, and child seats once you show ownership.9Texas Department of Licensing and Regulation. VSFs Providing Access to a Vehicle Charging a fee to release personal property violates Section 2303.155(f) of the Occupations Code. The one exception is a law enforcement hold tied to an investigation. If you need documents inside the car to prove identity or ownership, the facility must give you access to the glove compartment, console, and other interior storage to find them.
Disputing an Unauthorized Tow
If you believe your vehicle was towed without proper authorization, you can request a hearing in justice court. The request must be filed within 14 business days of the tow, not counting weekends and legal holidays, or you waive the right to a hearing.10Harris County Justice of the Peace Courts. Information about Tow Hearings The court has to schedule and hold the hearing within 21 calendar days.11State of Texas. a href=”https://statutes.capitol.texas.gov/GetStatute.aspx?Code=OC&Value=2308.453″ target=”_blank” rel=”noopener”>Texas Occupations Code Title 14, Subtitle A, Chapter 2308 – Vehicle Towing and Booting
At the hearing, the towing company and property owner carry the burden of proving the tow was lawful. Your strongest evidence usually involves the signs: were they posted at every entrance, and did they meet the exact color, size, and content rules? Photos of missing or noncompliant signs are often decisive. Witness statements and proof that you had authorization to park there help too.
If the court rules the tow unauthorized, the company must refund what you paid. For intentional, knowing, or reckless violations, the towing company or property owner owes you $1,000 plus three times the fees you were charged, and you do not need to prove negligence to recover.12Texas Public Law. Texas Occupations Code 2308.404 – Civil Liability of Towing Company or Parking Facility Owner TDLR can also suspend or revoke a company’s license for repeated violations. Some vehicle owners pursue parallel claims under the Texas Deceptive Trade Practices Act, which allows up to three times economic damages plus court costs and attorney’s fees for false or misleading conduct.
Extra Protections for Active-Duty Military
Active-duty servicemembers get a federal layer of protection that overrides state procedures. Under 50 U.S.C. Section 3958, no one holding a lien on your property may foreclose or enforce that lien during your military service and for 90 days afterward without a court order. Storage liens are covered, so a facility cannot auction your vehicle while you’re deployed simply because you couldn’t pick it up in time.13Office of the Law Revision Counsel. 50 USC 3958 – Enforcement of Storage Liens
The Servicemembers Civil Relief Act also lets you request a stay of at least 90 days in any civil proceeding, including a tow hearing, when military duties keep you from appearing. The application needs a letter explaining how your duties affect your ability to attend and a statement from your commanding officer confirming leave is not available.14Office of the Law Revision Counsel. 50 USC 3932 – Stay of Proceedings When Servicemember Has Notice The Department of Justice has sued towing companies that ignored these protections, so facilities that violate the SCRA face federal liability on top of state penalties.15United States Department of Justice. United States Sues San Clemente-Based Towing Company for Illegally Auctioning Vehicles Owned by Military Members