Texas Towing Laws: A DFW Property Owner’s Guide2026-06-26T15:37:49+00:00

Texas Towing Laws:
Explained In Plain English

Resources · For DFW Property Owners

Texas Towing Laws | What Property Owners Need To Know

Is Your Parking Management
In Line With Texas Towing Laws?

On This Page

  • Chap. 2308 Laws That Govern Towing

  • § 2308.151 Who Must Be Licensed
  • § 2308.301 Signage Requirements
  • § 2308.255 Written Tow Authorization
  • § 2308.2065 Fees & The Kickback Ban
  • § 2308.452 The Tow Hearing

  • § 2308.404 Where Liability Lands
  • Snapshot Quick Reference Guide
  • FAQ Frequently Asked Questions

NOT SURE WHERE YOUR LOT STANDS?

We review your signage, authorization, and enforcement records and let you know where you’re exposed — and how to fix it.

Here’s the part that catches most property owners off guard: when a tow goes wrong in Texas, the legal exposure usually doesn’t land on the tow truck driver. It lands on the owner or manager of the lot the vehicle came from. Understanding these rules isn’t busywork — it’s the difference between a routine removal and a courtroom.

Chapters 2308 & 2303

The Two Laws That Govern Texas Towing

Private-property towing in Texas runs on two statutes, both enforced by the Texas Department of Licensing and Regulation (TDLR):

One more thing worth knowing: cities and counties can layer their own rules on top of state law — including setting their own caps on nonconsent tow fees. So the rules in Fort Worth aren’t always identical to the rules in Mesquite or Denton. A “nonconsent tow,” for the record, is any tow done without the vehicle owner’s permission — which is exactly what every tow from your lot is.

In short: the state writes the rules, TDLR enforces them, and your local city may add a few of its own. Texas Towaway tracks all three layers so you don’t have to.

§ 2308.151

Who Has to Be Licensed

Texas doesn’t let just anyone hook a vehicle and haul it off. Under the law, a person may not perform towing operations or operate a towing company without holding the appropriate TDLR license. The same goes for the impound lot — the vehicle storage facility and the people working in it must be licensed too.

Why does this matter to you as the property owner? Because if you authorize a tow by an unlicensed operator, you’ve now attached your property to an illegal removal. When you work with a properly licensed company, every tow carries a paper trail tied to a real license number — which is precisely what protects you if a removal is ever questioned.

This is why we put our credentials in writing on every engagement — and why every vehicle we remove is delivered to a licensed, TDLR-regulated vehicle storage facility.

§§ 2308.301–2308.305

Signage: The Rule Almost Everyone Gets Wrong

This is the single most common compliance gap we find when we walk DFW lots. Texas law is specific about how a parking facility has to be signed before any unauthorized vehicle can be legally towed. Get this wrong, and even a perfectly justified tow can be ruled improper.

What the law generally requires

Most owners have no idea their signage is non-compliant until a tow gets challenged — and by then, the faded sign or missing phone number becomes the whole case.

Because the exact dimensions, colors, and lettering heights are spelled out in the statute and TDLR rules — and can be updated — this is exactly the kind of thing worth having reviewed rather than guessed at. It’s the first thing we check in a free on-site compliance walkthrough.

§ 2308.255

You Need Written Authorization for Every Tow

A towing company can’t legally remove an unauthorized vehicle from your property on a verbal “go ahead.” Texas requires written verification from the property owner or an authorized agent before a nonconsent tow from a parking facility.

In practice, that means there should be a signed authorization on file — either a standing agreement for ongoing enforcement or a per-vehicle authorization — that documents who approved the removal and why. When that paperwork doesn’t exist, a disputed tow stops being the towing company’s problem and becomes the property owner’s.

Every tow we perform is backed by proper written authorization and full documentation, so the answer to “who approved this?” is never a shrug. That’s a core piece of how we manage apartment and HOA enforcement.

§ 2308.253

What You Can’t Tow For

It’s just as important to know the limits. A common mistake — especially at apartment complexes — is towing a resident’s vehicle solely because its registration or license plate is expired. Texas law restricts towing a vehicle from an apartment complex only on that basis.

This is the kind of well-intentioned overreach that turns into a complaint, a TDLR inquiry, or a lawsuit. Knowing where the line sits keeps enforcement firm and defensible — which is the balance that actually protects your community.

§ 2308.2065 · No-Kickback Rule

Fees and the Conflict-of-Interest Ban

Two rules in this area surprise property owners more than any others:

This is the heart of non-predatory enforcement: when nobody profits from the number of tows, the incentive shifts to doing it right — which is exactly the model your residents and tenants can trust.

It’s also why our parking management is structured at no cost to the property owner — the violator pays the regulated fee, and you don’t receive a kickback that would put you on the wrong side of this rule.

§ 2308.452

The Vehicle Owner’s Right to a Tow Hearing

Anyone whose vehicle is towed without consent has the right to request a hearing in a justice court to determine whether there was probable cause for the tow and whether the fees charged were lawful. The request generally must be filed within 14 days of the tow.

At that hearing, the documentation is everything. Compliant signage, written authorization, accurate fees, and a clear enforcement record are what carry the day. A property owner working with a company that keeps none of that paperwork is the one left exposed.

For vehicle owners trying to recover a car, our vehicle release requirements page lays out the process plainly — transparency that, not coincidentally, reduces disputes before they ever reach a courtroom.

§ 2308.404

Where the Liability Actually Lands

Here’s the line that should reframe how you think about all of the above: under Texas law, a towing company, booting company, or parking facility owner who violates the chapter — including the signage rules — can be held civilly liable to the vehicle owner.

Read that again: parking facility owner. Signage compliance, in particular, is addressed through these civil-liability provisions rather than the tow hearing itself — meaning a non-compliant sign can expose you to liability separately from whether the tow had probable cause.

Compliance isn’t a box you check for the towing company’s benefit. It’s your legal shield. The signage, the authorization, the documentation — those exist to protect the property owner first.

That’s the whole philosophy behind how Texas Towaway operates: we treat your compliance as our job, because under the law, your exposure is the real risk.

QUICK REFERENCE: THE STATUTES THAT MATTER

STATUTE

WHAT IT COVERS

WHY IT MATTERS TO YOU

Ch. 2308

Towing & Booting Act

Governs the tow — signage, authorization, fees

Ch. 2303

Vehicle Storage Facilities Act

Governs the impound lot & storage fees

§ 2308.151

Licensing required

Authorizing an unlicensed tow puts you at risk

§§ 2308.301–305

Signage requirements

The #1 compliance gap we find

§ 2308.255

Written authorization

No paperwork = your problem in a dispute

§ 2308.253

Limits on towing

Can’t tow solely for expired registration

§ 2308.2065

Fee caps & refunds

Overcharging is a violation

§ 2308.452

Right to a tow hearing

Documentation wins or loses the case

§ 2308.404

Civil liability

Property owners can be held liable too

FREQUENTLY ASKED

Common Questions From DFW Property Owners

What are my legal responsibilities as a property owner when it comes to towing?2026-05-26T13:00:30+00:00

Under Texas Occupations Code § 2308, you’re required to have properly posted signage before any tow can legally occur. Signs must meet specific requirements for size, language, color, and placement. You also need documented authorization procedures on file. Without these, a tow can be disputed and reversed — and you could face liability. This is exactly what our signage and enforcement protocol package is designed to cover.

What if a tow gets disputed or challenged legally?2026-05-26T13:01:09+00:00

Every tow we authorize is documented — the authorization, the signage in place, the time and date, the condition of the vehicle. That paper trail is your legal protection. Disputes without documentation are your problem; disputes with documentation are manageable. We make sure you always have the documentation.

My property has some older signs that have been up for years. Are those good enough?2026-05-26T13:01:31+00:00

Probably not, and this is one of the most common issues we find on first walkthroughs. Texas law has specific requirements for sign dimensions, content, font size, colors, and required phone numbers. Signs that were put up five or ten years ago — even by a previous towing company — frequently don’t meet current standards. A free compliance walkthrough will tell you exactly where you stand.

What about ADA parking compliance? Is that something you address?2026-05-26T13:01:57+00:00

We identify ADA-related concerns during the compliance walkthrough and flag anything that appears out of compliance. Federal ADA requirements for accessible parking spaces, signage, and markings are separate from Texas towing law, but they affect your liability exposure just as much. We’ll point out what we see, and we can connect you with resources to get it corrected.

Can we legally tow someone immediately, or do we have to warn them first?2026-05-26T13:02:56+00:00

It depends on the violation. Vehicles parked in fire lanes, blocking access, or in clearly marked tow-away zones can generally be removed immediately once proper signage is in place. For spaces with permit requirements, the protocol may involve a warning step first. We’ll design your enforcement procedures around what’s legally appropriate for each type of violation on your property.

Can I tow a car from my lot just because its registration is expired?2026-06-25T13:08:26+00:00

Not on that basis alone. Texas law restricts towing a vehicle from an apartment complex solely because its registration or license plate is expired. There usually needs to be another valid reason — like the vehicle being unauthorized, blocking access, or violating a posted policy. This is one of the most common ways a well-meaning tow turns into a complaint.

Does a towing company need my written permission before towing?2026-06-25T13:08:59+00:00

Yes. Texas requires written verification from the property owner or an authorized agent before a nonconsent tow from a parking facility. That can be a standing enforcement agreement or a per-vehicle authorization — but it has to exist in writing. Without it, a disputed tow can become the property owner’s legal problem.

What makes my parking signage legally compliant?2026-06-25T13:09:33+00:00

At a minimum, signs generally must face each entrance to the facility, display the international towing symbol in bright red, state that unauthorized vehicles are towed at the owner’s expense, include a 24-hour recovery phone number, meet the statutory size and lettering requirements, and be posted before enforcement begins. Because exact specifications are set by statute and TDLR rule, the safest move is a professional review rather than a best guess.

Can a towing company pay me for the right to tow from my property?2026-06-25T13:10:14+00:00

No — and you wouldn’t want them to. Texas law generally prohibits a towing company from giving a parking facility owner anything of value in connection with removing vehicles, and prohibits the company from holding a financial interest in the lot. Kickback-style arrangements expose both sides. Legitimate parking management is structured so the violator pays the regulated fee, at no cost to you.

What happens if someone challenges a tow?2026-06-25T13:10:47+00:00

The vehicle owner can request a tow hearing in a justice court, generally within 14 days, to determine whether there was probable cause for the tow and whether the fees were lawful. The outcome turns almost entirely on documentation — compliant signage, written authorization, lawful fees, and a clear enforcement record. That’s why working with a company that keeps thorough records protects you directly.

Am I personally exposed if a tow from my lot was improper?2026-06-25T13:11:26+00:00

Potentially, yes. Under Texas law a parking facility owner — not just the towing company — can be held civilly liable for violations of the towing chapter, including signage violations. That’s the core reason compliance is worth taking seriously: it’s the property owner who carries much of the risk, so the protections exist to shield you.

A quick note: This page is general information for Dallas–Fort Worth property owners and managers, not legal advice. Texas statutes and TDLR rules change, exact requirements vary by situation and city, and we’re a parking management company — not a law firm. For the current text of the law, see the Texas Occupations Code (Chapters 2308 and 2303) and TDLR’s towing and storage rules, or consult an attorney. For a practical, no-cost review of your specific lot, reach out to our team.

§ 2308

Texas Towing Law — Most DFW lots aren’t fully compliant

$500+

Average fine per ADA parking violation in Texas

$0

Cost to property owners who partner with Texas Towaway

Not Sure Where Your Lot Stands?
Let’s Find Out — Free.

Every engagement starts with a no-pressure, on-site walkthrough. We review your signage,
authorization, and enforcement records against current Texas requirements,
and give you a straight answer about where you’re exposed — and how to fix it.

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