It's official, the changes made in the last session of the Texas Legislature to the Towing Law, Occupation Code 2308.301, puts towing companies and parking facilities at huge risks. This issue I am speaking of is, "bears the words "Unauthorized Vehicles Will Be Towed or Booted at Owner's or Operator's Expense". For the most part, I would venture to say that 99% of the parking facilities that unauthorized vehicles are towed from today, are not in compliance, because they fail to contain all of the required text.
After speaking of Texas Legislative Council drafting attorney this morning about this issue, the red and white towing sign, unless it includes, "and booting" and "or booted", the sign is not legal.
So what does this mean?
They say nothing is simple, but this issue to me, is simple, being in fact that if the red and white towing sign posted at a parking facility, vehicles are being towed from, do not have the words "AND BOOTING" or "booted", the sign fails to provided the required notification, as mandated by State Law.
Law enforcement agencies would be wise to educate their officers or deputies to recognize that if the towing sign is not legal, and the steps they should take to address the issue. Remember, it's a class B misdemeanor for violating the Towing Law.
Even if a parking facility or towing company does not boot vehicles on a specific parking facility, the required information in regards to booting MUST be on the sign, for the tow or sign to be legal.
I expect in the next session of the Legislature to have these issues corrected and to increase the criminal penalty for providing kickbacks to parking facilities to a State Jail Felony.