Tex. Occ. Code Section 2308.253
Unattended Vehicles on Parking Facility of Apartment Complex; Removal and Storage of Vehicles


(a)

This section applies only to a parking facility serving or adjacent to an apartment complex consisting of one or more residential apartment units and any adjacent real property serving the apartment complex.

(b)

The owner or operator of a vehicle may not leave unattended on a parking facility a vehicle that:

(1)

obstructs a gate that is designed or intended for the use of pedestrians or vehicles;

(2)

obstructs pedestrian or vehicular access to an area that is used for the placement of a garbage or refuse receptacle used in common by residents of the apartment complex;

(3)

is in or obstructs a restricted parking area or parking space designated under Subchapter G, including a space designated for the use of employees or maintenance personnel of the parking facility or apartment complex;

(4)

is in a tow away zone, other than a fire lane covered by Section 2308.251 (Prohibition Against Unattended Vehicles in Certain Areas)(c), that is brightly painted and is conspicuously and legibly marked with the warning “TOW AWAY ZONE” in contrasting letters at least three inches tall;

(5)

is a semitrailer, trailer, or truck-tractor, as defined by Chapter 502 (Registration of Vehicles), Transportation Code, unless the owner or operator of the vehicle is permitted under the terms of a rental or lease agreement with the apartment complex to leave the unattended vehicle on the parking facility; or

(6)

is leaking a fluid that presents a hazard or threat to persons or property.

(c)

A parking facility owner may not have an emergency vehicle described by Section 2308.251 (Prohibition Against Unattended Vehicles in Certain Areas)(b) towed from the parking facility.

(d)

Except as provided by a contract described by Subsection (e), a parking facility owner may not have a vehicle towed from the parking facility merely because the vehicle does not display an unexpired license plate or registration insignia issued for the vehicle under Chapter 502 (Registration of Vehicles), Transportation Code, or the vehicle registration law of another state or country.

(e)

A contract provision providing for the towing from a parking facility of a vehicle that does not display an unexpired license plate or registration insignia is valid only if the provision requires the owner or operator of the vehicle to be given at least 10 days’ written notice that the vehicle will be towed from the parking facility at the vehicle owner’s or operator’s expense if it is not removed from the parking facility. The notice must:

(1)

state:

(A)

that the vehicle does not display an unexpired license plate or registration insignia;

(B)

that the vehicle will be towed at the expense of the owner or operator of the vehicle if the vehicle does not display an unexpired license plate or registration insignia; and

(C)

a telephone number that is answered 24 hours a day to enable the owner or operator of the vehicle to locate the vehicle; and

(2)

be:

(A)

delivered in person to the owner or operator of the vehicle;

(B)

sent by certified mail, return receipt requested, to that owner or operator; or

(C)

attached:
(i)
to the vehicle’s front windshield;
(ii)
to the vehicle’s driver’s side window; or
(iii)
if the vehicle has no front windshield or driver’s side window, to a conspicuous part of the vehicle.

(f)

This section may not be construed:

(1)

to authorize the owner or operator of a vehicle to leave an unattended vehicle on property that is not designed or intended for the parking of vehicles; or

(2)

to limit or restrict the enforcement of Chapter 683 (Abandoned Motor Vehicles), Transportation Code, the abandoned motor vehicle law.

(g)

A provision of an apartment lease or rental agreement entered into or renewed on or after January 1, 2004, that is in conflict or inconsistent with this section is void and may not be enforced.
Added by Acts 2003, 78th Leg., ch. 442, Sec. 2, eff. Jan. 1, 2004.
Renumbered from Transportation Code, Section 684.0125 and amended by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 2.03, eff. September 1, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1291 (H.B. 2305), Sec. 9, eff. March 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 919 (S.B. 1501), Sec. 15, eff. June 15, 2017.

Source: Section 2308.253 — Unattended Vehicles on Parking Facility of Apartment Complex; Removal and Storage of Vehicles, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­2308.­htm#2308.­253 (accessed Jun. 5, 2024).

2308.001
Short Title
2308.002
Definitions
2308.004
Exemption
2308.051
Towing, Storage, and Booting Advisory Board
2308.052
Terms
2308.053
Presiding Officer
2308.054
Compensation
2308.056
General Powers and Duties
2308.057
Rules
2308.058
Fees
2308.059
Periodic Inspections
2308.060
Powers and Duties of Advisory Board
2308.061
Personnel
2308.101
Permit Required
2308.102
Application Requirements
2308.103
Requirements for Incident Management Towing Permit
2308.104
Requirements for Private Property Towing Permit
2308.105
Requirements for Consent Towing Permit
2308.106
Department Approval
2308.107
Permit Renewal
2308.108
Cab Cards
2308.109
Display of Information on Tow Truck
2308.110
Financial Responsibility
2308.151
License or Local Authorization Required
2308.152
General License Application Requirements
2308.153
Incident Management Towing Operator’s License
2308.154
Private Property Towing Operator’s License
2308.155
Consent Towing Operator’s License
2308.156
Nontransferability of License
2308.157
Requirement for Initial Renewal of Incident Management Towing Operator’s License
2308.158
Alcohol and Drug Testing of Towing Operators
2308.159
License Renewal
2308.201
Tow Truck Regulation by Political Subdivisions
2308.202
Regulation by Political Subdivisions of Fees for Nonconsent Tows
2308.203
Towing Fee Studies
2308.205
Towing of Vehicles to Licensed Vehicle Storage Facilities or Other Locations on Parking Facilities
2308.208
Municipal or County Ordinance Regulating Unauthorized Vehicles and Towing of Motor Vehicles
2308.209
Tow Rotation List in Certain Counties
2308.210
Roadway Clearance Program in Certain Counties
2308.251
Prohibition Against Unattended Vehicles in Certain Areas
2308.252
Removal and Storage of Unauthorized Vehicle
2308.253
Unattended Vehicles on Parking Facility of Apartment Complex
2308.254
Limitation on Parking Facility Owner’s Authority to Remove Unauthorized Vehicle
2308.255
Towing Company’s Authority to Tow and Store Unauthorized Vehicle
2308.257
Booting of Unauthorized Vehicle
2308.258
Boot Removal
2308.259
Towing Company’s Authority to Tow Vehicle from University Parking Facility
2308.301
General Requirements for Sign Prohibiting Unauthorized Vehicles
2308.302
Color, Layout, and Lettering Height Requirements
2308.303
Telephone Number for Locating Towed Vehicle Required
2308.304
Designation of Restricted Parking Spaces on Otherwise Unrestricted Parking Facility
2308.305
Individual Parking Restrictions in Restricted Area
2308.351
Removal of Unauthorized Vehicle from Leased Right-of-way
2308.352
Removal of Unauthorized Vehicle from Area Between Parking Facility and Public Roadway
2308.353
Removal Under Governmental Entity’s Authority of Unauthorized Vehicle Parked in Right-of-way
2308.354
Authority for Removal of Vehicle from Public Roadway
2308.401
Parking Facility Owner Prohibited from Receiving Financial Gain from Towing Company or Booting Company
2308.402
Towing Company and Booting Company Prohibited from Financial Involvement with Parking Facility Owner
2308.403
Limitation on Liability of Parking Facility Owner for Removal or Storage of Unauthorized Vehicle
2308.404
Civil Liability of Towing Company, Booting Company, or Parking Facility Owner for Violation of Chapter
2308.405
Criminal Penalty
2308.406
Violation of Chapter
2308.407
Minor Sign or Lettering Height Variations
2308.451
Payment of Cost of Removal, Storage, and Booting of Vehicle
2308.452
Right of Owner or Operator of Vehicle to Hearing
2308.453
Jurisdiction
2308.454
Notice to Vehicle Owner or Operator
2308.455
Contents of Notice
2308.456
Request for Hearing
2308.458
Hearing
2308.459
Appeal
2308.460
Enforcement of Award
2308.501
Administrative Penalty
2308.502
Cease and Desist Order
2308.503
Sanctions
2308.504
Criminal Penalty
2308.505
Criminal Penalty
2308.0575
Rules on Fees
2308.2065
Fees for Nonconsent Tows
2308.2085
Local Authority Regulation of Booting Activities
2308.2555
Removal of Certain Unauthorized Vehicles in Rural Areas
2308.2565
Vehicle Storage Facility Duty to Report After Accepting Unauthorized Vehicle

Accessed:
Jun. 5, 2024

§ 2308.253’s source at texas​.gov