Tex. Occ. Code Section 2308.404
Civil Liability of Towing Company, Booting Company, or Parking Facility Owner for Violation of Chapter

(a)

A towing company, booting company, or parking facility owner who violates this chapter is liable to the owner or operator of the vehicle that is the subject of the violation for:

(1)

damages arising from the removal, storage, or booting of the vehicle; and

(2)

towing, storage, or booting fees assessed in connection with the vehicle’s removal, storage, or booting.

(b)

A vehicle’s owner or operator is not required to prove negligence of a parking facility owner, towing company, or booting company to recover under Subsection (a).

(c)

A towing company, booting company, or parking facility owner who intentionally, knowingly, or recklessly violates this chapter is liable to the owner or operator of the vehicle that is the subject of the violation for $1,000 plus three times the amount of fees assessed in the vehicle’s removal, towing, storage, or booting.

(d)

Repealed by Acts 2011, 82nd Leg., R.S., Ch. 353, Sec. 19(a)(3), eff. September 1, 2011.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Renumbered from Transportation Code, Section 684.084 by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 2.06, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 845 (S.B. 2153), Sec. 18, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 845 (S.B. 2153), Sec. 19, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1310 (H.B. 2571), Sec. 12, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 353 (H.B. 3510), Sec. 19(a)(3), eff. September 1, 2011.

Source: Section 2308.404 — Civil Liability of Towing Company, Booting Company, or Parking Facility Owner for Violation of Chapter, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­2308.­htm#2308.­404 (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
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 2308.404’s source at texas​.gov