1. (a) A towing company that makes a nonconsent tow shall tow the vehicle to a vehicle storage facility that is operated by a person who holds a license to operate the facility under Chapter 2303, unless:

   1. (1) the towing company agrees to take the vehicle to a location designated by the vehicle's owner; or

   2. (2) the vehicle is towed under:

      1. (A) rules adopted under Subsection (a-1); or
      2. (B) Section 2308.259(b).

2. (a-1) The commission shall adopt rules authorizing a towing company that makes a nonconsent tow from a parking facility to tow the vehicle to another location on the same parking facility under the direction of:

   1. (1) the parking facility owner;
   2. (2) a parking facility authorized agent; or
   3. (3) a peace officer.
3. (b) A storage or notification fee imposed in connection with a motor vehicle towed to a vehicle storage facility is governed by Chapter 2303.
4. (c) Except as provided by this chapter, Article 18.23, Code of Criminal Procedure, or Chapter 2303, a fee may not be charged or collected without the prior written consent of the vehicle owner or operator.

Added by Acts 2003, 78th Leg., ch. 1034, Sec. 10, eff. Sept. 1, 2003.

Acts 2005, 79th Leg., Ch. 1197 (H.B. 480), Sec. 5, eff. September 1, 2005.

Renumbered from Transportation Code, Section 643.206 and amended by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 2.01, eff. September 1, 2007.

Acts 2017, 85th Leg., R.S., Ch. 919 (S.B. 1501), Sec. 11, eff. June 15, 2017.

Acts 2017, 85th Leg., R.S., Ch. 919 (S.B. 1501), Sec. 12, eff. June 15, 2017.

Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 14.006, eff. June 15, 2017.

Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 12.003, eff. September 1, 2019.