1. (a) A towing company may not directly or indirectly give anything of value to a parking facility owner in connection with the removal of a vehicle from a parking facility.
2. (b) A towing company may not have a direct or indirect monetary interest in a parking facility from which the towing company for compensation removes unauthorized vehicles.
3. (c) In an area in which no political subdivision regulates the fees that may be charged or collected for a nonconsent tow from private property, a towing company must comply with Texas Occupations Code, §2308.204.
4. (d) A towing company may not tow a vehicle to a vehicle storage facility unless the vehicle storage facility is in compliance with the required postings in Texas Occupations Code, §2308.207.
5. (e) A towing company may not remove and store an unauthorized vehicle unless authorized by Texas Occupations Code, §2308.255.
6. (f) A towing company may not perform a nonconsent tow unless the property from which the vehicle is towed is in compliance with Texas Occupations Code, §§2308.301 - 2308.305.

7. (g) Except as authorized by Texas Occupations Code, §§2308.351 - 2308.354, a towing company may not perform a nonconsent tow from:

   1. (1) a leased right-of-way;
   2. (2) an area between a parking facility and a public right-of-way;
   3. (3) a public right-of-way; or
   4. (4) a public roadway.

8. (h) A towing company may not contract for the removal from a parking facility of a vehicle that does not display an unexpired license plate or registration insignia or a valid inspection certificate, unless before the tow, the towing company notes on the tow ticket the:

   1. (1) name of the person or company that authorized the tow,
   2. (2) telephone number of the company or person that authorized the tow, and
   3. (3) date of compliance with the notice provisions in Texas Occupations Code, §2308.253(e).
9. (i) A licensee or permit holder may not charge a fee for a nonconsent tow that is greater than the fee listed in the schedule most recently filed with the department.

10. (j) A licensee must keep record of every nonconsent tow including, but not limited to, the following information:

    1. (1) vehicle description, including license or vehicle identification number, if available;
    2. (2) the specific rule or statutory provision sanctioning the tow;
    3. (3) each fact justifying the nonconsent tow;
    4. (4) location vehicle towed from; and
    5. (5) vehicle storage location.
11. (k) A towing operator must allow department personnel and law enforcement to inspect a tow truck permitted under these rules.

Source Note:The provisions of this §86.705 adopted to be effective April 15, 2008, 33 TexReg 2940.