Release of Vehicles by VSFs
Payment Required
In order to release a vehicle, the VSF must first be paid all fees associated with delivery or storage of the vehicle.
Documents Needed
Acceptable documents to release the vehicle include a valid state or federally issued I.D. (the identification can be from another country such as Mexico) and one of the following:
-
Notarized power-of-attorney
(Documents notarized out of state are valid and must be accepted by storage facilities for release of vehicles, even if the form or format of the notarization is different from the one designed for use by Texas notaries)
- Court order
-
Certificate of title
(The VSF must accept a vehicle title as an instrument of release, even if the person presenting the title is not the name on the front or back of the title)
- Tax collector's receipt with vehicle registration renewal card accompanied by a conforming identification
- Name and address information corresponding to that contained in the files of the Texas Department of Motor Vehicles
- Current automobile lease or rental agreement executed by the operator of the vehicle or a person holding a power of attorney executed by the person named in the lease agreement
- Appropriate identification of any state or federal law enforcement agency representative
- Most recent version of a department-approved form or electronic version of a department-approved form published on the department's website, www.tdlr.texas.gov; which the VSF must make available to the vehicle owner or person seeking possession of or access to the vehicle
- Proof of financial responsibility (insurance card), as required by Transportation Code §601.051, such as an additional form of identification that establishes ownership or right of possession or control of the vehicle
If a VSF receives any one of these things, in addition to the valid state or federally issued ID, and receives payment of all fees, they must release the vehicle.
You must accept at least one form of electronic payment for release of the vehicle including debit cards and credit cards.
If your credit or debit card machine is down, you cannot charge storage past the date the person attempted to pay with the card.
Hours of Release of Vehicles
If you accept vehicles 24 hours a day you must release vehicles 24 hours a day.
If you do not accept vehicles 24 hours a day you must have vehicles available for release within one hour during the following hours:
8:00 am to midnight Monday-Saturday and from 8:00 am to 5:00 pm on Sundays.
If the VSF does not accept vehicle 24 hours a day, you are not required to release on national holidays, and it is not a violation for you to not release a vehicle within one hours’ notice if that puts the release time after midnight.
Proof of Insurance
VSFs are not required or allowed to demand proof of insurance before allowing the release of a vehicle.
If the person picking up the vehicle has an instrument of release (see Documents Needed, above) and a federal or state issued ID, and pays all the charges, the VSF MUST release the vehicle.
Local city or county law enforcement agencies may not require that a VSF demand proof of insurance before releasing a vehicle.
Notice of Right to a Tow Hearing
When you release a vehicle, you must give the person picking it up the notice of the towed vehicle owner’s rights under 2308 of The Occupations Code.
You also must give the name, address, and telephone number of every JP in the county where the vehicle was towed or the following website: http://card.txcourts.gov/DirectorySearch.aspx