By Texas Tows Inc.
Private property towing in Dallas can let a lot owner such as a business, university, clinic, hospital or church remove a vehicle that has no right to be in its lot, but only when the lot meets Texas law first. This guide covers the Texas statute only and has not reviewed any City of Dallas ordinance. It explains what must be in place before you call, and how to work with an unattended towing company.
Quick Summary
- Texas Occupations Code Chapter 2308, the Texas Towing and Booting Act, sets the rules for towing a vehicle from a private lot without the driver's consent.
- A lot owner can tow on one of four grounds. Compliant signs, posted for the 24 hours before the tow, are one of them.
- The lot owner authorizes the tow. The towing company must be licensed and insured and meet its separate conditions under Section 2308.255; written verification is required for the sign and notice routes.
- A driver whose vehicle was towed can ask a justice court for a hearing, so keep records of every tow.
On this page
- What counts as private property towing?
- When can a business tow a vehicle?
- What does the sign have to show?
- Who does what in a tow?
- Does the type of lot change anything?
- How to choose a towing company
- What happens after the tow?
- Frequently asked questions
What counts as private property towing for a business lot?
It is any tow that the lot owner authorizes without the consent of the vehicle's owner or driver. Chapter 2308 of the Occupations Code governs it.
The law calls your lot a "parking facility." That means public or private property used for restricted or paid parking, and it names areas serving or next to a business, church or school. It also covers apartment complexes and property governed by an owners' association. If you are not sure your lot qualifies, ask the Texas Department of Licensing and Regulation (TDLR) or a Texas attorney before you tow.
This post is for the business, school or institution that owns the lot. If you are the driver, read our guide to towing laws on private property in Texas.
When can a business tow a vehicle from its lot?
When one of four grounds in Section 2308.252 applies. Each has its own conditions.
| Ground | What the law requires | Easy to get wrong |
|---|---|---|
| Posted signs | Compliant signs installed at the time of the tow and for the preceding 24 hours | A sign put up the same day, or one missing a required item |
| Actual notice | The driver received notice from the lot owner that the vehicle will be towed at their expense | No record that the driver was told |
| Windshield notice | Attach the required notice, then send the required certified-mail notice, return receipt requested. The mailed notice must warn of towing if the vehicle is not removed before the 15th day after its postmark date. Section 2308.252(d) has a specific exception to mailing when the vehicle is moved to another unauthorized location described in the attached notice. | Treating attachment or mailing alone as permission for an immediate tow |
| Specific violations, on request | The owner gives the driver the tow company and storage facility names on request, and the vehicle is in a listed violation | Using it for a vehicle that is not in a listed violation |
Two more points. A lot owner cannot have a vehicle removed except as the chapter allows, as a city or county rule that fits the chapter allows, or at the direction of a peace officer or the vehicle's owner or driver. And a city can add requirements of its own, so check Dallas rules as well as state law.
None of the four grounds lists a police report. These owner-side grounds do not replace the towing company's separate conditions in Section 2308.255. That section has its own list for the specific-violation route, and towing from a public roadway used to enter or exit the facility requires a peace officer's approval under that route.
What does the sign have to show?
For a sign-based tow, the sign has to meet Section 2308.301. In summary:
- It faces drivers entering the lot, at each driveway or curb cut, or at set intervals along a wide, undefined entrance.
- It is permanently mounted, with the bottom edge between five and eight feet above the ground.
- It is weather-resistant and at least 18 inches wide and 24 inches tall.
- It shows the international towing symbol, who may park, that all others are prohibited, and the required "will be towed" wording.
- It states the days and hours of enforcement.
- It shows a phone number with area code, answered 24 hours a day, so a driver can find a towed vehicle.
Section 2308.302 sets colors, layout and lettering, and Sections 2308.304 and 2308.305 add rules for restricted spaces. This is a summary, not a compliance checklist for your lot. For more on the sign itself, see our guide to the tow away zone sign in Texas, and have your exact wording checked against the statute before you order signs.
Who does what when a tow is authorized?
You authorize the tow and the towing company carries it out. The chapter gives each side duties.
- You decide. The company may tow only if you ask it to tow a specific vehicle, or you have a standing written agreement with it to enforce parking rules on the lot.
- You verify in writing. For the sign and notice grounds, the company needs written verification from you that the signs are posted or that notice was given.
- The company must be insured. Only a company insured against liability for property damage in towing may tow and store an unauthorized vehicle under this section.
Our unattended towing page says a driver is sent to the property to assess and document the vehicle before it is towed, and that ongoing service agreements are available for properties with recurring needs. Ask any company what its written verification looks like and what its records cover. A towing company's paperwork does not replace your own sign upkeep.
Does the type of lot change anything?
Sometimes. Chapter 2308 gives separate rules to a few kinds of lots and does not single out others.
| Type of lot | What to know |
|---|---|
| University | A person a university designates may ask for a car to be moved elsewhere on campus for a special event, but only with separate signs up for the 72 hours before enforcement and 48 hours after the event concludes, and with staff able to release the car within two hours of a request (Section 2308.259). Other tows follow the general rules. |
| Apartment complex | Section 2308.253 adds its own list of unattended-vehicle problems. |
| Hospital, clinic, church, fitness center or other business | The general rules apply to the extent the lot is a parking facility under the statute. The chapter has no separate section for these lots, but its definition of a parking facility names business, church and school lots. This guide has not reviewed any City of Dallas ordinance, so check local rules before you rely on it for a specific lot. |
Texas Tows lists the Medical District and SMU / University Park among its Dallas service areas. That says where we work, not that any particular lot qualifies for a tow. Each lot needs its own check.
How do you choose a towing company for your lot?
Choose one that is licensed, insured and willing to show you its paperwork before it handles your first tow. Ask:
- Are its credentials appropriate? Verify the towing company and operator licenses and the tow truck's permit for the work involved through TDLR. A vehicle storage facility license does not, by itself, verify those separate towing credentials.
- Is it insured? The chapter requires liability insurance for property damage in these tows. Ask for proof.
- What does it need from you? Ask for the written verification and what it must say.
- What does it record? For each tow, look for the date, time, reason and vehicle.
- How are fees handled? TDLR sets maximum private property tow and storage fees, and a city or county can set lower ones. Ask for the fee schedule in writing, not a verbal promise.
Our guide to choosing a towing company in Dallas covers the questions every customer should ask. This list adds the ones that matter to a lot owner.
What happens after the vehicle leaves your lot?
The vehicle goes to a vehicle storage facility, and the driver can ask for a hearing. Both are why your records matter.
The storage facility must report the vehicle to the city police department, or the county sheriff where there is no city police department, within two hours after it accepts the vehicle. TDLR also tells drivers to call the number on your sign to find a towed car, so that number has to work around the clock.
A driver whose vehicle was towed is entitled to a hearing on whether there was probable cause for the tow. The written request must reach the court before the fourteenth day after the vehicle was removed and placed in a vehicle storage facility, excluding Saturdays, Sundays and legal holidays, though the statute lists exceptions. It must include photographs of the sign or a statement that none was posted.
So keep a file for each tow:
- Dated photos of your entrances and signs.
- The date, time and reason for the tow.
- The vehicle's plate and description.
- Who authorized the tow, and a copy of the written verification.
- The tow ticket the company gives you.
Our unattended towing page says Texas Tows handles follow-up with the vehicle owner about retrieval. We cannot give legal advice or tell you whether a particular tow was lawful.
Frequently asked questions
Do we need a police report to tow from our own lot?
Not for the four grounds in Section 2308.252. None of them lists a police report. A peace officer's approval does matter in some cases, such as a tow from a public roadway used to enter or leave the facility, so check the statute for your situation.
Do we need signs?
The sign-based ground requires compliant signs in place at the tow and for the preceding 24 hours. Other grounds have their own conditions. For example, the attached-notice and certified-mail route includes a warning allowing removal before the 15th day after the mailed notice's postmark date, subject to Section 2308.252(d). The towing company must also meet Section 2308.255.
Can we call any towing company?
You need a licensed, insured company that meets Section 2308.255. The sign and notice routes require your written verification; the separate route in subsection (a)(2) has its own conditions. The company must also have your request for the specific vehicle or a standing written agreement to enforce parking restrictions.
Can a driver challenge the tow?
Yes. The driver is entitled to a hearing on whether the tow had probable cause, and the TDLR consumer page says to request it at a justice of the peace court in the county where the car was towed. Your records help you answer it.
Does Texas Tows offer service for business lots?
Per our unattended towing page, yes. It describes service for property managers, business owners and private lot operators. Call to ask how it would work for your lot.
Talk to Texas Tows About Your Lot
If you own or manage a lot and want to know how unattended vehicle removal works, call Texas Tows 24/7 at (817) 512-1024 or use Request Service. For whether a particular tow is legal, read the sources below and ask TDLR or a Texas attorney.
This post is general information, not legal advice. Texas law and local rules change, and every lot is different.
Sources
- Texas Occupations Code Chapter 2308, Texas Towing and Booting Act (Texas Legislature): Sections 2308.002, 2308.208, 2308.252 to 2308.255, 2308.259, 2308.2565, 2308.301 to 2308.305 and 2308.452 to 2308.456.
- Consumer Information about Towing (Texas Department of Licensing and Regulation).
- Tow Trucks, Operators and Vehicle Storage Facilities (Texas Department of Licensing and Regulation).
- TDLR license search.
- Unattended Towing in Dallas, TX (Texas Tows).
