1. (a) Except for signs required by Texas Occupations Code, §2308.301, 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) 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.
4. (d) A towing company may not remove and store an unauthorized vehicle unless authorized by Texas Occupations Code, §2308.255.
5. (e) 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.

6. (f) 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.

7. (g) 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 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).
8. (h) A towing company or towing operator may not charge a fee for a nonconsent tow that is greater than the fee listed in the schedule most recently submitted to the department.
9. (i) A towing company or towing operator may not charge a fee related to a nonconsent tow that is not listed in the schedule most recently submitted to the department.
10. (j) A towing company may not charge a fee for a nonconsent tow that is greater than the statewide fee or nonconsent tow fee authorized by Texas Occupations Code, §2308.2065.
11. (k) A towing company may not charge a fee related to a nonconsent tow unless that fee is authorized by the statewide fee or nonconsent tow fees authorized by Texas Occupations Code, §2308.2065.

12. (l) A towing company 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) a statement describing the reason for towing the vehicle;
    3. (3) location vehicle towed from; and
    4. (4) vehicle storage location.
13. (m) A towing company may not employ or contract with unlicensed persons required to hold a license under this chapter.

Source Note:The provisions of this §86.705 adopted to be effective April 15, 2008, 33 TexReg 2940; amended to be effective May 3, 2010, 35 TexReg 3486; amended to be effective January 16, 2012, 37 TexReg 116.