It is June. It is Texas. It is hot! Did I mention that it is hot? The Texas heat can cause little issues to become big issues. When the temperature rises, so do tempers. The heat from the asphalt in our parking lots must be especially irritating! Summer is parking dispute season.
Do any of these statements sound familiar? “He parked in my wife’s spot!” “I only parked in the fire lane for 2 minutes to get my ice cream inside before it melted!” “Her motorcycle, jet ski trailer, and work truck used all the guest parking spots near my building!” “My kid was only visiting for two weeks and needed a place to park his ATV!” “My girlfriend was only parked here for one night.”
You have heard these and many other excuses, usually screamed at you because your classic Porsche 911 (actually your 1997 Buick La Sabre with peeling paint) has been towed, and it cost them $300 to get it back. These annoyed, angry residents threaten to sue you, your company, and the tow company that “illegally” towed their 1997 Buick La Sabre with peeling paint Porsche 911!
This is just a friendly disclaimer: REDBOOK Blues does not provide legal advice. If you need legal advice, contact one of FWAA’s member attorneys (https://www.aatcnet.org/legal-services-program).
This article summarizes the Texas towing rules and regulations to help you and your onsite teams manage parking and towing challenges.
Begin by reviewing the TAA REDBOOK article , The Texas Towing and Booting Act. https://www.taaredbookonline.org/resident-life-and-management-issues/fair-housing/the-texas-towing-and-booting-act
Towing Myths:
We begin our towing rules review with a pop quiz. Which of the below statements is true?
- Vehicles may be towed after they have been tagged for 24 hours;
- Vehicles must be tagged for 24 hours before they can be towed.
- Entry signage is always necessary to tow a vehicle.
- Property owners or their representatives must be present at the time of towing.
- Towing companies cannot “patrol” to tow vehicles that are illegally parked.
None of the above statements are true. They are all false! Texas law does not authorize tagging and towing a vehicle 24 hours later. Texas law does not require a vehicle to be tagged for 24 hours before towing. Texas law does not require signage for every single type of towing. Texas law does not require the presence of the owner or his representative at the time of towing. Texas law does not prevent a towing company from patrolling an owner’s property to tow illegally parked vehicles (assuming the facility owner has requested such patrolling.)
FWAA Members Can Tow Without Risk:
Texas law protects FWAA members from liability for damage or theft to the vehicle during towing and storage if (a) an insured towing service does the towing, (b) the storage is by an insured storage company, and (c) the towing is based on any one of the following:
- written or oral notice actually received by the vehicle owner or operator; or
- a notice was taped to the vehicle’s front windshield, and the vehicle was later illegally parked elsewhere; or
- a notice was taped to the vehicle’s front windshield and the notice was also given via certified mail to the vehicle owner of record and the vehicle is not moved within 15 days after the notice was mailed; or
- the vehicle is unlawfully parked in a properly marked handicap parking space; or
- the vehicle is obstructing an aisle, entry, or exit to the parking facility; or
- the vehicle is obstructing a pedestrian or vehicle gate; or
- the vehicle is obstructing garbage truck access to a dumpster; or
- the vehicle is blocking another vehicle from exiting a parking space; or
- the vehicle is parked in a properly marked fire lane; or
- the vehicle is parked in a non-fire lane zone brightly painted “TOW AWAY ZONE” with 3-inch contrasting letters;or
- the vehicle is parked between the property line and the curb, and notice was given via (1), (2) or (3) above; or
- the vehicle is a semitrailer, truck-tractor, or a trailer of any size or type parked without express permission from the rental housing owner; or
- the vehicle is leaking fluid that presents a hazard or threat to persons or property; or
- signs complying with the statute were posted at all entrances to the parking facility; or
- signs complying with the statute were posted at all entrances to the particular portion of the parking facility where parking is limited or prohibited.
- The resident was provided with a copy of the towing policy before the lease was signed.
2 Exceptions to the Above:
- you cannot immediately tow upon actual notice (given orally, in the lease, or in a separate written notice) if the towing is for an expired registration sticker or vehicle license;
- You cannot ever tow a government-owned emergency vehicle (police or sheriff car, fire truck, emergency medical service vehicle, etc.) for any reason under any circumstances.)
Parking permits
As of January 2020, any parking permit(s) issued to a resident must be coterminous with the resident’s lease term, as required by a new law enacted in 2019 by the Texas Legislature (Section 92.0132 of the Texas Property Code). For example, if you are issuing a parking permit to a new resident signing a 12-month lease, the parking permit must be valid for the same 12-month period. Or, if a roommate is being added to the lease in the middle of the lease term, a parking permit issued to the roommate must be valid for the remainder of the lease term. There are no penalties in statute for violating this law, but properties should take care when issuing parking permits to residents to ensure there are no complications regarding the length of the permit terms or towing a vehicle for reasons based on a parking permit. Paragraph 21 of the TAA Lease contains a provision relating to permits, and it has been updated to reflect changes in the law.
Good to Know Before You Tow:
Texas law also requires that a copy of the towing rules or policies must be provided to the resident before the lease is signed. In addition, a copy of the towing rules and policies must be signed by the resident, included in the lease, or included in an attachment to the lease. If your rules or policies are included in an attachment to the lease, the attachment must be expressly referred to in the lease. The title to the rules or policies must be in bold or underlined. TAA’s Lease Contract contains a provision that meets these statutory requirements.
The above gives a brief description of the towing rules and regulations in Texas. Now, can someone help me find my Porsche 911? I cannot remember where I parked!!
April Royal, Birchstone Residential, is FWAA’s 2024 Treasurer and Government Affairs Committee Chair.
