2020-050 Pending Work Session Request - TowingDate: May 15, 2020 Report No. 2020-050
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
On April 19, 2020, Council Member Armintor sent in a request for a work session for the Council
to consider an ordinance to require certain notices to be provided by tow operators to individuals
whose motor vehicles have been towed from private or public property without their consent;
otherwise known as non-consensual tows. The exact request is worded as follows:
If the following is not already required by law, I would like to make a work session
proposal at the next posted City Council meeting for the city to pass a law requiring
all towing companies towing on either private or public property to inform towees
(or whatever the term is for people whose cars have been towed, surely not
“customers,” but not “victims” either unless the towing is illegal) *orally and in
writing, and before any payment is made* of federal, state, and city towing law and
reporting agencies, contact info, and statute of limitations (or whatever the
appropriate term is in this case for the reporting period window). The oral and
written statement should begin by specifying that under city of Denton law all
towing companies are required to provide you with the following information
before any payment is made so that you will know your rights and your options. To
protect both towees and towing companies, there should be a form for people to
initial and sign by hand or with an online signature saying that they have been read
this statement orally and received it in writing (one copy should go to the company
for its files as proof, and another copy to the towee). On the receipt for payment, it
should say that if you were not given this information both orally and in writing,
and if you did not sign the form, then the tow was illegal and they need to report it
to the appropriate reporting authority and specify their the contact information and
their options for public and private tows.
BACKGROUND:
The operation of tow trucks and vehicle storage facilities (VSFs) is regulated by State law, and
regulations governing the majority of these issues are found at Chapter 2308 of the Texas
Occupations Code. More specifically, Subchapter J of that Chapter governs rights, notice, and
hearings.
Since the request desires to add more notification in connection with non-consensual tows, the
following are the notices that state law that tow operators are required to provide:
(1) a statement of:
(A) the person's right to submit a request within 14 days for a court hearing to
determine whether probable cause existed to remove, or install a boot on, the
vehicle;
Date: May 15, 2020 Report No. 2020-050
(B) the information that a request for a hearing must contain;
(C) any filing fee for the hearing; and
(D) the person's right to request a hearing in any justice court in:
(i) the county from which the vehicle was towed; or
(ii) for booted vehicles, the county in which the parking facility is located;
(2) the name, address, and telephone number of the towing company that removed the
vehicle or the booting company that booted the vehicle;
(3) the name, address, telephone number, and county of the vehicle storage facility in which
the vehicle was placed;
(4) the name, street address including city, state, and zip code, and telephone number of
the person, parking facility owner, or law enforcement agency that authorized the removal
of the vehicle; and
(5) the name, address, and telephone number of each justice court in the county from which
the vehicle was towed or, for booted vehicles, the county in which the parking facility is
located, or the address of an Internet website maintained by the Office of Court
Administration of the Texas Judicial System that contains the name, address, and telephone
number of each justice court in that county
Any time that the State has passed regulations, preemption of municipal authority becomes a
concern. Generally speaking, in order to preempt the legislative authority of home-rule
municipalities like Denton, the Legislature’s intention to preempt must appear with unmistakable
clarity.
Fortunately, in drafting the towing regulations, the Legislature anticipated and specifically
provided for local regulations at Subchapter E, provided that such local regulations do not try to
relax or undermine State standards and regulations. For example, at Section 2308.201 cities are
prohibited from regulating tow truck lighting standards or procedures relating to consent towing
(e.g., calling AAA), but it allows local authorities to require local registration of non-consent tow
operators (those who tow vehicles from private property) and their tow trucks.
Pursuant to that grant of authority, Denton passed Ordinance 2015-335, which placed additional
restrictions on non-consent tows, codified at Article V of Chapter 23 of Denton’s Code. With
respect to notice, the State statute requires certain written notification previously described to the
owner/operator of a towed vehicle after a non-consent tow. Apart from the State statute, Denton’s
ordinance also requires prompt notification to DPD, so that officers will know that the car was not
stolen.
Date: May 15, 2020 Report No. 2020-050
DISCUSSION:
Even though both the City and the State require different notifications to take place, they are not
in conflict, because it is possible (and legally required) to obey both. With that in mind, we can
look at specific questions
1. Could a city require that a non-consent tow operator provide oral notice (or maybe written
notice in another language) in addition to State-required written notice? YES. It’s possible
to do both. However, “possible” does not mean “recommended”. First, having a redundant
oral requirement in our ordinance has no impact on State law, authority to tow, or state
permitting – even if they violate our ordinance, it doesn’t matter or have any consequence
with respect to these issues (moreover, tow operators might try using it as an excuse at JP
court for failure to give written notice, claiming “confusion” about oral notice being
acceptable). Second, for purposes of municipal enforcement of the ordinance, it is very
difficult for the prosecution to carry the burden of proof on an issue where there is
conflicting testimony and no objective record.
2. Could a city provide that failure to provide this type of additional notice makes the tow
“illegal”, and requires all fees to be refunded on the spot? NO, because the statute
provides for a hearing before a court, and such an automatic result is inconsistent
with that statutory right (and likely violates due process as well).
3. Could a city require the hearing on notice and probable cause for towing to take place in
the municipal court? NO – that’s inconsistent with the statute providing for such a
hearing to take place in JP court.
4. Could a city alter the “limitations” for challenging a tow in JP court? NO, it would be
inconsistent with the statutory limitation if the city tried to lengthen, and inconsistent
with a citizen’s statutory right to challenge if shortened. Impossible for both to apply.
5. Could a city require a VSF to notify an owner or operator of his or her right to challenge
the tow before money is paid, or require the owner/operator to acknowledge receipt with a
signature? Technically, yes, but such a requirement could not alter the statutory duty
to notify in writing, or the timing of statutory events that run from the written notice
under State law. In essence, it would be a redundant notice enforceable in municipal court
by fine or possible loss of city permit status for violation. It might be possible to do both,
but it could very well create a lot of unnecessary confusion for all concerned. Generally
speaking, any regulation that can be challenged as “confusing,” “conflicting,” or
“inconsistent” can benefit the person being regulated (in this case, the tow operator).
Be aware that the State has some very good consumer information fliers about citizens’ rights that
arise out of non-consent tows, and a couple are attached.
Date: May 15, 2020 Report No. 2020-050
ATTACHMENT(S):
1. TDLR.org : Consumer Information about Towing
2. TDLR.org : Tow-Away Signage in Parking Facilities
STAFF CONTACT:
Aaron Leal
City Attorney
(940) 349-8333
Aaron.Leal@cityofdenton.com
REQUESTOR:
Staff Initiated
PARTICIPATING DEPARTMENTS:
Legal
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TOW TRUCKS, OPERATORS AND VEHICLE STORAGE FACILITIES
Consumer Information about Towing
Cars parked in a tow-away zone or parked on property without permission may be towed at the car owner's
expense. These tows are known as Private Property Tows. A property owner may have a boot attached to the
wheel instead of having the car towed. These pages provide information for consumers who have had their
vehicle towed in a private property tow.
I. WHAT ARE YOUR RIGHTS?
When a tow truck tries to tow your car or after your car has been towed, you have certain rights as the car
owner under the law.
Your rights:
If you return to your car and it is being hooked-up to a tow truck but IT IS NOT FULLY hooked up and
ready for towing, you can keep your car WITHOUT paying a CHARGE. You do not need to prove
ownership of the car in this instance.
If you return to your car and IT IS FULLY HOOKED UP, READY FOR TOWING, BUT HAS NOT LEFT THE
PARKING LOT, you may keep your car but YOU MUST PAY A DROP FEE. You do not need to prove
ownership of the car in this instance either.
If your car has been towed from a parking lot, you can nd your car by calling the phone number on the
no parking sign. You can recover your car from the vehicle storage facility (VSF) after documenting that
you are the owner (or allowed user) and paying the towing and storage fees.
At the VSF, you may have access to your car to get ownership documents. You do not have to pay a fee to
do this.
At the VSF, you may have access to your car to recover personal property. You do not have to pay a fee to
do this.
You can claim or just access your car 24-hours a day and within one hour if the VSF accepts cars 24-hours
a day.
If a VSF does not accept cars 24 hours a day, you may claim your car within one hour of your request
between the hours of 8:00 a.m. and midnight Monday -Saturday and from 8:00 a.m. to 5:00 p.m. on
Sundays except for nationally recognized holidays. VSFs with these hours are not required to release a
car after midnight.
You may request a TOW HEARING at any Justice of the Peace Court in the county where your car was towed if
you believe your car was wrongfully towed, stored or booted; or if you were charged more than the allowed
fee. You must request a tow hearing from the court within 14 days of the tow.
You DO NOT have the right to:
Remove or dismantle any part attached to the car while it is at the VSF.
Retrieve your car from the VSF without paying the towing, storage or other allowed fees.
Have the boot removed without paying the booting fee.
Retrieve your car from the VSF without demonstrating that you are the owner or authorized user of the
car.
Obtain your car after it has been removed from the parking facility but before it has been placed in a VSF.
COURT ORDERED PROGRAMS E-MAIL UPDATES FILE A COMPLAINT MEETINGS, COMMISSION, RULES AND STATUTE EMPL
LICENSE TYPES
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CONTINUING ED
FOR PROGRAMS AND PROV
4/20/2020 Consumer Information about Towing - Texas.gov
https://www.tdlr.texas.gov/towing/consumerinfo.htm 2/5
For more information about T
contact customer service.
Texas Department of Licensin
Regulation
Tow Trucks and Vehicle Storag
PO Box 12157
Austin, TX 78711
(800) 803-9202 [in state only]
(512) 463-6599
Fax: (512) 463-9468
Relay Texas-TDD: (800) 735-29
II. WHAT SHOULD YOU DO?
If you return to your car and it is being hooked-up to a tow truck but IT IS NOT FULLY hooked up and ready for
towing, THEN you may ask for the release of your car WITHOUT PAYING ANY FEE OR CHARGE and without
proving ownership.
If you return to your car and IT IS FULLY HOOKED UP, READY FOR TOWING, BUT HAS NOT LEFT THE PARKING
LOT, you may keep your car but YOU MUST PAY A DROP FEE. The maximum drop fee statewide is $127 for car
weighing 10,000 lbs or less; $178 for cars weighing more than 10,000 but less than 25,000 lbs; and $229 for
cars with a gross weight rating that exceeds 25,000 lbs. A drop fee can be a less if limited by a city or county
rule, but it can NEVER be MORE than the amounts listed above. A tow truck driver MUST ACCEPT CASH, CREDIT
CARDS AND DEBIT CARDS as payment for the drop charge.
If your car has been towed away then you can nd your car by calling the telephone number posted on the
tow-away sign.
If your car has a boot attached, call the telephone number listed on the warning sticker attached to the
window. DO NOT TRY TO REMOVE THE BOOT OR DRIVE WITH THE BOOT ATTACHED AS THIS MAY DAMAGE
YOUR CAR.
III. RECOVERING YOUR CAR AT A VEHICLE STORAGE
FACILITY
To recover your car at a VSF you MUST:
Provide your photo identi cation,
Prove you are the owner or authorized user of the car, and
Pay all fees for towing and storage.
Provide your photo identi cation. Acceptable forms of ID include:
Any state issued driver's license or identi cation card
Any photo ID issued by the Federal Government
Any photo ID issued by a foreign government such as a Mexico driver's license or a "matricula consular"
Prove you own or have the owner's permission to use the car with any ONE of these:
Your government issued driver's license that shows your name matches the owner information from the
DMV's car registration database
An insurance card showing that you are a named insured for the car
The certi cate of title to the car showing your name as the owner
A notarized power-of-attorney signed by the car owner
A tax collector's receipt and a car registration renewal card with your conforming identi cation
A current automobile lease or rental agreement signed by the operator of the car, or
This TDLR form that you can download, print and ll out: http://www.tdlr.texas.gov/towing/VSF011.pdf.
The VSF must also make this form available to you.
Pay all fees for towing and storage:
The TOW CHARGE: The maximum charge for a private property tow is:
$255 for a car weighing up to 10,000 lbs
$357 for a car weighing more than 10,000 but less than 25,000 lbs
$459 per unit for unit for cars weighing more than 25,000 lbs with a $918 total maximum
These are the maximum rates statewide. Lower rates may be set by local municipal or county rule.
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A DAILY STORAGE CHARGE of between $5.00 and $20 per day or part of a day for a car that is 25 feet long
or less. A VSF must charge $35 per day or part of a day for a car that is longer than 25 feet. Here are
some more facts about the daily storage charge:
A daily storage fee may be charged for any part of the day, except that a daily storage fee may not
be charged for more than one day if the car remains at the VSF less than 12 hours. A day is
considered to begin and end at midnight.
A VSF that accepts a car that is registered in Texas may not charge for more than ve days of
storage fees unless a notice (prescribed in §85.703 of the rules) is mailed or published. The notice is
to inform the owner of the location of the car.
A VSF that accepts a car that is not registered in Texas must not charge for more than ve days
before the date a request for owner information is sent to the governmental entity with which the
car is registered.
A VSF may charge a daily storage fee for each day or portion of a day the car is in storage after the
VSF mails the notice to the registered car owner (or publishes the notice if the owner's address is
unknown) until the car is removed and all accrued charges are paid.
Reasonable storage e orts. A VSF must make reasonable e orts for the storage of a car, such as
locking doors, rolling up windows, and closing doors, hatchbacks, sunroofs, trunks, hoods, or
convertible tops. Such actions are included in the storage fee.
A NOTIFICATION FEE. A VSF may charge up to $50 for notifying you that your car is at their VSF. If a
noti cation must be published, and the actual cost of publication exceeds 50% of the noti cation fee, the
VSF may recover the additional amount of the cost of publication. The publication fee is in addition to the
noti cation fee. The VSF may not charge a noti cation fee if a car is reclaimed by the owner within 24
hours or before noti cation is sent.
An IMPOUNDMENT FEE. A VSF may charge a car owner an impoundment fee if impoundment is
performed. Impoundment means:
If doors, windows, convertible tops, hatchbacks, sun roofs, trunks, or hoods are broken or
inoperative, materials such as plastic or canvas tarpaulins must be used to ensure the protection of
the stored car. To charge the impoundment fee, the VSF must also do at least one of the following:
conduct a written inventory of any unsecured personal property contained in the car; or
remove and store all such property for which safekeeping is necessary, and speci es such
removal and storage on the written inventory; or
obtain the motor car registration information for the car from the Texas Department of Motor
Vehicles or analogous state agency.
THE IMPOUNDMENT FEE MAY NOT EXCEED $20. If the VSF charges a fee for Impoundment, the
written bill for services must specify the exact services performed for that fee and the dates those
services were performed.
GOVERNMENTAL OR LAW ENFORCEMENT FEES. A VSF may collect from a car owner any fee that must be
paid to a law enforcement agency, the agency's authorized agent, or a governmental entity.
ADDITIONAL FEES. A VSF may NOT charge additional fees related to the storage of a car other than fees
listed above.
IV. WHAT INFORMATION AM I ENTITLED TO
REGARDING MY CAR BEING TOWED?
A consumer who has had a private property tow or any tow from a tra c accident is entitled to receive:
A copy of the tow ticket.
A towing company must prepare and issue a tow ticket for each nonconsent tow. A copy of the tow ticket
must be given to the car owner, if the owner or operator is present and available at the time of the tow,
and a copy delivered to the car storage facility.
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The tow ticket may only authorize charges directly related to towing the car. The tow ticket must itemize
each charge and must characterize the fees using the identical fee structure stated in the towing
company's nonconsent towing fee schedule on le with the VSF.
The tow ticket must contain the licensed name of the towing company, publicly listed telephone number,
towing company certi cate of registration number, and the TDLR license number of the towing operator.
A towing company must provide its nonconsent towing fees schedule to all VSF where it delivers cars.
These fee schedules must be given to the public upon request.
A statement of consumer rights to a tow hearing.
The information needed to le for a tow hearing.
Each VSF shall tell the car owner of TDLR's website and email address, mailing address, and telephone
number, for purposes of directing complaints about the car storage to the department.
V. WHAT HAPPENS IF I DID NOT CLAIM MY CAR?
A VSF may consider a car abandoned if it is not claimed by the owner. A VSF must mail or publish at least two
notices stating that they have the car and wait at least 30 days after the second notice before taking any
action.
A VSF may sell a car through a public sale 30 days after the VSF mailed or published the second notice.
Proceeds from the sale will be used to pay towing and storage charges. Any remaining proceeds may be paid
to the vehicle owner. Disputes over the sale or the payment of proceeds may be taken to court.
Special rules apply to a car that is more than 10 years old and in a condition to only be junked, crushed or
dismantled. A VSF with these abandoned nuisance vehicles is not required to send or publish a second notice
and may sell the car 30 days after the rst notice.
VI. REQUEST A TOW HEARING
Consumers that have had their vehicle towed or booted without their consent are entitled to a hearing. The
VSF, towing, or booting company must provide consumers a notice that informs them of their right to a
hearing and that identi es the justice court having jurisdiction. This will be the court where you le a request
for a tow hearing. Consumers must le their request for a hearing before the 14th day (excluding
Saturdays, Sundays and national holidays) after the car was placed in the VSF or booted.
The notice on tow hearings to consumers must include:
(1) a statement that consumers have the right to submit a request within 14 days for a court hearing to
determine whether probable cause existed to remove or boot the car;
(2) a list of the information that must be included in a request for a hearing;
(3) the amount of the ling fee for the hearing;
(4) the name, address, and telephone number of the towing company that removed the car or the booting
company;
(5) the name, address, and telephone number of the VSF;
(6) the name, address, and telephone number of the person, property owner, or law enforcement agency
that authorized the tow; and
(7) the name, address, and telephone number of the justice court where the VSF is located or, for booted
cars, the name, address, and telephone number of the justice court where the car was booted.
A consumer's request for a tow hearing must contain the following information. The towing company or VSF is
required to provide you with the information necessary for you to complete items (2) through (6) below.
(1) the name, address, and telephone number of the owner or operator of the car;
(2) the location from which the car was removed or in which the car was booted;
(3) the date when the car was removed or booted;
(4) the name, address, and telephone number of the person or law enforcement agency that authorized
the removal or booting;
(5) the name, address, and telephone number of the car storage facility in which the car was placed;
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(6) the name, address, and telephone number of the towing company that removed the car or of the
booting company that installed a boot on the car;
(7) a copy of any receipt or noti cation that you received from the towing company, the booting company,
or the VSF; and
(8) one or more photographs that show the location and text of any sign posted at the parking facility that
states that parking is restricted; or a statement that no sign restricting parking was posted at the parking
facility.
The court may charge a ling fee of $20 for this hearing. These hearings must be held before 21 calendar days
after the court receives the request.
VII. FILING A COMPLAINT WITH TDLR
Consumers may le a complaint on-line through the TDLR website regarding a tow company, tow operator, car
storage facility or their employees, or a booting company or their employees. Here is the link for ling a
complaint: https://www.tdlr.texas.gov/Complaints/. Filing a complaint with TDLR is not a substitute for
requesting a tow hearing; however, you may do both.
This is a summary of the provisions contained in the Vehicle Towing and Booting Law, the Vehicle Storage
Facilities Law, or the administrative rules for those laws, and as such is not a complete description of your
rights or of the requirements for license holders.
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DO IT ONLINE
TOOLS
TOOLS for Towin
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MILITARY SERVICE
MEMBERS, VETERA
AND SPOUSES
For more informa
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renewing a TDLR
expired while serv
duty, please go to
Outreach page.
TOWING COMPLIANCE ASSISTANCE
Tow-Away Signage in Parking Facilities
On this page:
Placement of Signage
Required Information
Size and Materials Requirements
Sample Tow Signs
Placement of Signage
Areas where parking is restricted must be marked with the following signage requirements:
When entering the parking lot or garage, there must be a sign directly facing the driver that is
conspicuously visible
A sign must be located on the side of each driveway or curb-cut where a vehicle can enter the parking lot
or garage
If the parking facility does not have de nite entrance points as de ned by curbs, landscaping, or
other access barriers, and the entry into the parking area is greater then 35 feet in width, then you
may place signs at 25 foot intervals along the entrance
Signs must be permanently mounted on a pole, post, permanent wall, or other permanent barrier
Signs must be installed on the parking facility
Signs must be installed so that the bottom edge of the sign is no lower than ve feet and no higher than
eight feet above ground level
Required Information
Signs prohibiting unauthorized parking must meet the following requirements:
Top of Sign
The topmost portion of a towing sign must contain the international towing symbol (a solid silhouette of a tow
truck towing a vehicle). The international towing symbol must be in bright red, at least four inches in height,
and must be on the uppermost portion of a sign. If the international towing symbol cannot be included on the
uppermost portion of a sign, it may be placed on a separate sign placed immediately above the sign.
The portion of the sign immediately below the international towing symbol must contain the words "Towing
Enforced" in letters of at least 2 inches in height. The letters should be white over a bright red background.
Middle of Sign
The middle portion of the sign must contain the following information displayed in bright red letters at least
one inch in height on a white background:
The words "Unauthorized Vehicles Will Be Towed at Owner's or Operator's Expense"
A statement about who may park in the parking facility and that parking is prohibited for all others
COURT ORDERED PROGRAMS E-MAIL UPDATES FILE A COMPLAINT MEETINGS, COMMISSION, RULES AND STATUTE EMPL
LICENSE TYPES
REGULATED BY TDLR
APPLY/RENEW
LICENSES, CHANGE INFO, ETC.
DRIVER EDUCATION
PARENT TAUGHT, FORMS, ETC.
SEARCH DATA
LICENSES, VIOLATIONS, ETC.
CONTINUING ED
FOR PROGRAMS AND PROV
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For more information about T
contact customer service.
Texas Department of Licensin
Regulation
Tow Trucks and Vehicle Storag
PO Box 12157
Austin, TX 78711
(800) 803-9202 [in state only]
(512) 463-6599
Fax: (512) 463-9468
Relay Texas-TDD: (800) 735-29
Privacy and Security Policy
Accessibility
Open Records Policy
Link Policy
Compact with Texans
Report Suspected Fraud, Waste, or Abuse
Texas.gov
Statewide Search
Texas Homeland Security
Texas Transparency
Texas Veterans Portal
Contact TDLR
The days and hours that towing is enforced
Bottom of Sign
The bottom portion of the sign must contain a 24-hour per day telephone number (including the area code)
that a vehicle owner or operator may call to locate a towed vehicle. This number must be in lettering of at least
one inch in height, consisting of white letters on a bright red background.
Size and Materials Requirements
Sign dimensions must be at least 18 inches wide by 24 inches tall.
Signs must be made of weather-resistant material, such as metal or plastic that is intended to remain
outdoors permanently.
Sample Tow Signs
Examples of TDLR-approved towing signs:
Patron Parking Towing Sign with descriptions (PDF)
Patron Parking Towing and Booting Sign with descriptions (PDF)
Resident and Visitor Parking Towing and Booting Sign with descriptions (PDF)
Resident Only Parking Towing Sign with descriptions (PDF)
Resident Only Parking Towing and Booting Sign with descriptions (PDF)
Resident and Guest Parking Towing Sign with descriptions (PDF)