Tow Trucks, Operators and Vehicle Storage Facilities
Military Service Members, Veterans, and Spouses - For more information about applying as a military spouse please go to the Military Spouse FAQs page.
The Towing, Storage and Booting Advisory Board met November 5 in Austin. The agenda and the staff reports are available online. The meeting was archived and is available via RealPlayer or on TDLR's YouTube channel.
TDLR proposes amendments to the Vehicle Towing and Booting program rules (16 Texas Administrative Code, Chapter 86, §86.10). The proposed amendment is necessary to implement changes made by Senate Bill 1820 to Texas Occupations Code, Chapter 2308. The proposed rule amendment is published in the September 18, 2015, issue of the Texas Register (40 TexReg 6279). The Department will accept comments on the proposal until October 19, 2015. The Department encourages anyone interested in the Vehicle Towing and Booting program to review the rule proposal.
TDLR proposes amendments to the Vehicle Storage Facilities program rules (16 Texas Administrative Code, Chapter 85, §§85.10, 85.711 and 85.1003). The proposed amendments are necessary to implement changes made by House Bill 804 to Texas Occupations Code, Chapter 2303. The proposed rule amendments are published in the September 18, 2015, issue of the Texas Register (40 TexReg 6277). The Department will accept comments on the proposal until October 19, 2015. The Department encourages anyone interested in the Vehicle Storage Facilities program to review the rule proposal.
Mark your calendar: TDLR Will Be Hosting Tow Company and Tow Truck Round-up Inspections for Central Houston and surrounding areas on Saturday, November 14, 2015 from 8:00 AM - 4:00 PM at Parking Lot D – on Polk Street and Lansing Street (Across the street from Elias Ramirez State Office Building – 5425 Polk Street, Houston TX 77023)
To arrange for inspection, please text, leave voice mail or e-mail to one of the following TDLR Inspectors with the Tow Company license number, Tow Company name and the number of trucks that will attend the Tow Truck Round-Up Inspections.
- Donnis Estelle (832)752-8867- Donnis.Estelle@tdlr.texas.gov
- Ulises Ossio (281)389-0275 – Ulises.Ossio@tdlr.texas.gov (Spanish)
- Jose Canizales (832)453-3244 - Jose.Canizales@tdlr.texas.gov (Spanish)
Please note the requirements for Inspection:
Consent Tow Company
1. Proof that the company is following the adopted drug test policy
2. Tow Operator’s License (If owner, is a driver)
Private Property and Incident Management Tow Company
1. Proof that the company is following the adopted drug test policy
2. Tow Operator’s License (if owner is a driver)
3. At least 10 Non-Consent Tow Tickets for the month of July 2015 and 10 Non-Consent Tow Tickets for the month of September 2015 (if you do not have 10 Non-Consent Tow Tickets for each of those months, we will need to inspect 20 non-consent tow tickets from the last 6 months)
1. Tow Operator’s License
2. Cab Card
3. Proof of Liability Insurance
Equipment that will be inspected includes:
1. Legible manufacturer’s data plate or document from manufacturer stating the capacity of boom, winch or carry mechanism
2. Winch in good condition (must not exceed capacity of boom or leak oil)
3. Hydraulic lines free of leaks and in good condition
4. Cables meeting manufacturer’s specifications and in good condition
The Two Most Common Violations found at Tow Round-ups are:
- Lack of the required drug testing for all tow operators (16 Tex. Admin Code 86.710)
- Required Tow truck signage missing or improperly displayed (16 Tex. Admin Code 86.701)
House Bill 804 passed by the 84th Texas Legislature, amended Occupations Code, Chapter 2303, relating to the forms of payment that the operator of a vehicle storage facility must accept. House Bill 804 and the changes to Chapter 2303 became effective September 1, 2015. TDLR encourages all persons interested in the Vehicle Storage Facilities program to review the updated Occupations Code, Chapter 2303.
Sample Towing and Booting Signs - examples of TDLR-approved towing and booting signs:
- Paid Parking Booting Sign with descriptions (125KB PDF)
- Patron Parking Booting Sign with descriptions (115KB PDF)
- Patron Parking Towing Sign with descriptions (115KB PDF)
- Patron Parking Towing and Booting Sign with descriptions (120KB PDF)
- Resident and Visitor Parking Booting Sign with descriptions (115KB PDF)
- Resident and Visitor Parking Towing and Booting Sign with descriptions (119KB PDF)
- Resident Only Parking Booting Sign with descriptions (115KB PDF)
- Resident Only Parking Towing Sign with descriptions (113KB PDF)
- Resident Only Parking Towing and Booting Sign with descriptions (121KB PDF)
- Resident and Guest Parking Booting Sign with descriptions (115KB PDF)
- Resident and Guest Parking Towing Sign with descriptions (115KB PDF)
Statewide Maximum Charges for Private property towing went into effect on September 1, 2010 - The 2009 Legislature passed HB2571 to amend the Towing and Booting Act. The bill requires TDLR’s Commission to adopt rules to establish the maximum amount that may be charged for private property tows in Texas. The bill also requires the Commission to specify the type and amount of any fee that may be charged in connection with a private property tow, other than the tow fee. After months of review and input from the public and industry, the Towing and Booting Advisory Board made recommendations to TDLR’s Commission. On August 9, 2010, the Texas Commission of Licensing and Regulation established the statewide maximum amounts for private property tows and specified that a drop fee may also be charged. The private property statewide maximum tow charges went into effect on September 1, 2010. A tow company performing private property tows may not charge more than the private property statewide maximum tow amounts on or after that date. Please review these Frequently Asked Questions for further information.
All tow truck operators must be licensed. There are three different types of tow operator licenses: the Incident Management Tow Operator License, the Private Property Tow Operator License, and The Consent Tow Operator License. Tow truck operators need to choose only one designation. The Incident Management License allows a driver to perform incident management towing, private property towing and consent towing. The Private Property License allows private property towing and consent towing. The Consent Towing License only authorizes consent towing.
Incident Management (IM) and Private Property (PP) Towing Operators are required to be certified by the National Drivers Certification Program of the Towing and Recovery Association of America, AAA-Texas, Towing and Recovery Association of America, Texas Towing and Storage Association, Southwest Tow Operators Association, TOWS (Training of Wrecker Services), or the proctored program from WreckMaster, Inc. Currently these programs are the only acceptable certification programs. TDLR does not provide certification classes or certifications. Additional certification programs may be approved in the future. Certification must be obtained before drivers are eligible for an IM or PP license. Applicants for the Consent Towing License do not need to be certified.
The Incident Management Feasibility Study (734kb PDF) has been completed by Morningside Research and Consulting, Inc. The study includes information about:
· the fees charged for motor vehicle towing services;
· the feasibility and effects of the implementation of a fee schedule or establishment of a maximum fee for motor vehicle towing services;
· the terms and timing of payment to incident management towing companies including payment for the release of semitrailers and other motor vehicles; and
· evaluate any other aspect of the towing of motor vehicles that the agency determines necessary.
We would like to thank everyone who participated in the study. The agency has the study online for you to review.
REMINDER: The requirement to submit non-consent tow fee schedules to TDLR was repealed September 1, 2011.
Tow companies that perform non-consent tows are no longer required to submit their non-consent tow fee schedules to the Department.
Tow companies that perform non-consent tows must still provide a non-consent tow fee schedule to all vehicle storage facilities to which the tow company delivers vehicles for storage. Upon request, vehicle storage facilities must provide a copy of the non-consent tow fees. Please note that for private property tows, tow companies that perform non-consent tows may not charge a fee that is greater than the statewide maximum private property fees set by the Department. Tow companies may not charge more than private property tow and drop fees set by a municipality, if those fees are less than the statewide maximum private property fees.
For incident management tows, tow companies that perform non-consent tows may not charge a fee greater than the tow fees authorized by the municipality or local government where a tow originated.
Number of Days a Vehicle Storage Facility Has to Send Second Notice - Effective September 1, 2011, a licensed vehicle storage facility now sends the second notice 15 days after the first notice to the registered owner/lienholder. For a vehicle accepted by the licensed vehicle storage facility before September 1, 2011, the vehicle storage facility must wait 41 days before sending the second notice.