Texas laws on vehicle towing, storage, and auction procedures by private property owners are governed primarily by the Texas Transportation Code and related regulations, which set out the rights and responsibilities of property owners, towing companies, and vehicle owners.
Towing by Private Property Owners:
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Private property owners have the right to authorize the towing of vehicles that are parked illegally, left, or abandoned on their property without permission or consent. This includes business properties and residential communities.
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The property owner or management is responsible for contacting a licensed towing service to remove the vehicle. The towing must comply with state statutes regarding authority, consent, and notice.
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The Sheriff's Office does not get involved in towing from private property unless the vehicle is seized due to a criminal violation.
Vehicle Storage and Access:
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Vehicle storage facilities (VSFs) where towed vehicles are kept must be licensed by the Texas Department of Licensing and Regulation.
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Vehicle owners or their authorized representatives have the right to access their vehicle during normal business hours for insurance or repair estimates and to remove personal belongings, unless restricted by law enforcement.
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The VSF must provide a schedule of towing fees and storage charges, which must be posted and accessible.
Retrieval and Fees:
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Vehicle owners must pay towing and storage fees, which can be substantial, to retrieve their vehicles.
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Owners have the right to retrieve personal property from their towed vehicles.
Auction Procedures:
- If a vehicle is not claimed within 30 days after towing and storage, the vehicle may be sold at a public auction to recover towing and storage costs.
Disputes and Hearings:
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Vehicle owners can contest a non-consent tow by requesting a tow hearing within 14 days of the tow. This hearing is held by the Justice of the Peace in the precinct where the vehicle is stored.
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The hearing provides an opportunity to challenge the legality of the tow or impoundment.
Summary Table:
| Aspect | Key Points |
|---|---|
| Authority to Tow | Private property owners can tow vehicles parked without consent on their property |
| Towing Service | Must be licensed; property owner arranges towing |
| Vehicle Storage Facility | Must be licensed; must allow access for personal property removal and insurance/repair estimates |
| Fees | Owner pays towing and storage fees; fees must be posted |
| Retrieval Rights | Owner can retrieve vehicle and personal belongings |
| Auction | Unclaimed vehicles after 30 days may be auctioned |
| Dispute Resolution | Tow hearings available within 14 days at Justice of the Peace precinct |
These laws aim to balance the rights of property owners to control their property with protections for vehicle owners against improper towing and storage practices.
🔴 Immediate Actions (Today or ASAP)
- Check where your vehicle is stored: Find out the name, address, and contact info of the Vehicle Storage Facility (VSF) where your vehicle was towed.
- Confirm towing details: Get the towing company’s name, license number, towing date, and reason for towing from the property owner or towing company.
- Request access to your vehicle: Contact the VSF immediately to arrange a visit during normal business hours to retrieve personal belongings or get repair/insurance estimates.
- Gather documents: Collect your driver’s license, vehicle registration, proof of insurance, and any towing or storage receipts or notices you have received.
- Prepare to pay fees: Be ready to pay towing and storage fees to retrieve your vehicle; ask for a posted fee schedule from the VSF.
- Note deadlines: Mark the date of the tow and calculate the 14-day deadline to request a tow hearing if you believe the tow was improper.
🟡 Short-Term Steps (This Week)
- Request a tow hearing if needed: If you think the tow was without proper consent or illegal, file a request for a tow hearing at the Justice of the Peace office in the precinct where your vehicle is stored. This must be done within 14 days of the tow.
- Document communication: Keep written records (emails, letters, notes of phone calls) with the towing company, property owner, or VSF about your vehicle, fees, and access.
- Review posted fees and charges: Check that the towing and storage fees charged match the posted fee schedule as required by Texas law.
- Check for abandoned vehicle rules: If you cannot pay or retrieve your vehicle, understand that after 30 days it may be auctioned. Plan accordingly.
- Ask for a detailed invoice: Request an itemized bill from the towing company or VSF showing all charges before paying.
🟢 Strategic Follow-Up (Next 2-4 Weeks or Longer)
- Attend the tow hearing if requested: Prepare your evidence and statements to challenge the tow’s legality.
- Consider legal advice: If the fees seem excessive, or if you face difficulty retrieving your vehicle or personal property, consult a consumer protection attorney or legal aid.
- File complaints if necessary: If the towing company or VSF violated Texas regulations (e.g., unlicensed towing, improper fees, denied access), file a complaint with the Texas Department of Licensing and Regulation.
- Plan for vehicle auction: If you cannot retrieve your vehicle within 30 days, be aware it may be sold at public auction to recover fees.
- Keep all receipts and documents: Retain all paperwork related to the tow, storage, fees, hearing, and communications for future reference or disputes.
Your Legal Rights
- Right to tow: Property owners can tow vehicles parked without permission, but must use licensed towing services and follow state rules.
- Right to access: You can access your vehicle during normal VSF business hours to retrieve personal belongings or get insurance/repair estimates.
- Right to notice and fees: The VSF must post towing and storage fees. You must pay these fees to retrieve your vehicle.
- Right to contest: You can request a tow hearing within 14 days to challenge the legality of the tow or impoundment.
- Right to personal property: You can remove personal belongings from your vehicle even if you cannot pay to retrieve the vehicle itself.
- Protection against improper towing: Towing companies must be licensed, and illegal towing practices are prohibited under Texas Transportation Code.
Where to Get Help
- Justice of the Peace Office: For filing and attending tow hearings. Visit the precinct where your vehicle is stored.
- Texas Department of Licensing and Regulation (TDLR): For complaints about towing companies or vehicle storage facilities. Website: tdlr.texas.gov
- Legal Aid Organizations: For free or low-cost legal advice if you cannot afford a lawyer. Examples include Texas RioGrande Legal Aid (trla.org) or Lone Star Legal Aid (lonestarlegal.org).
- Local Consumer Protection Office: Contact your city or county consumer protection agency for assistance with disputes.
- Police or Sheriff’s Office: Not involved in private property tows unless the vehicle is seized for criminal reasons.
- Document Templates: Write clear, polite letters or emails requesting information or disputing charges. Example:
"Dear [Towing Company], I am writing to request an itemized invoice for the towing and storage of my vehicle, towed on [date]. Please provide details of all fees charged and your license information. I would also like to schedule a time to access my vehicle to retrieve personal belongings."
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