Private property towing laws in Texas: what tow companies must document

What to take away

Texas draws a sharp line between consent tows and non-consent tows from private property. The distinction decides what a tow company must document before, during, and after the hook. Private property towing laws in Texas start with a state license and end with local enforcement.

A tow company that files the right records avoids most disputes, even when a vehicle owner pushes back.

Who has jurisdiction over private property tows

Texas Department of Licensing and Regulation (TDLR) licenses towing companies and operators under Texas Occupations Code Chapter 2308. TDLR rules in 16 Texas Administrative Code Chapter 85 cover signage wording, tow truck markings, and record retention, as described in the industry overview. Cities can adopt local ordinances that add stricter notice windows or fee caps. Houston and Dallas both require towing companies to register with the city before performing private property tows. Private property owners and parking facility operators set their own parking rules through signs and leases, but those private rules cannot cancel a state documentation requirement.

San Antonio adds a third layer. The city applies its own permit, notice, and sign rules to private property tows, so a company towing there reads the city ordinance alongside the TDLR rules.

What triggers a non-consent tow

A private property tow is non-consent when the vehicle owner or operator has not asked for the tow and has not given permission. Under Texas law, a parking facility owner must authorize the tow before it happens, except for narrow exceptions such as a vehicle blocking a fire lane. If the property owner did not authorize, the tow is illegal even when the property has a compliant sign. The posted sign creates a presumption of authorization only if it meets TDLR specifications. Private property authorization rules differ from the consent-based dispatch used on a Texas police towing rotation list.

TDLR requires a sign at each entrance, in plain view, before any tow. The sign must state that unauthorized vehicles will be towed at the vehicle owner's expense. It must name the towing company and a telephone number to call about the vehicle.

The sign and the authorization rules both come from Occupations Code Chapter 2308 and TDLR's rules in 16 Texas Administrative Code Chapter 85. Those rules set the minimum sign size and letter height. A city can require a larger sign or extra wording, and the stricter rule governs.

Documentation Texas TDLR requires

After a non-consent tow from private property, the towing company must complete a record. The record includes the date, time, and location. It also includes the vehicle description, plate, and VIN. It must note the reason for the tow, the authorizing person's name, the operator name, and the storage lot address. Before the tow, the operator must take photographs showing the vehicle's position, the posted sign, and any preexisting damage. TDLR can inspect these records during normal business hours. For tow truck drivers who are subject to federal hours-of-service rules, those duty status records are separate from the TDLR non-consent tow documentation, as shown in the hours-of-service records summary.

Contractor agreements, such as those for becoming a AAA towing contractor in Texas, add separate documentation beyond TDLR records.

What a towing company must submit to TDLR

To get a towing company license with non-consent authority, an applicant must submit:

How long TDLR approval takes

A complete application for a TDLR towing company license with non-consent authority typically takes two to four weeks to review. Incomplete forms or missing insurance certificates delay the process, and TDLR may issue a deficiency notice that stops the clock. Municipal approval times vary, and New York City towing permits for private operators follow a different local approval path, as described in New York City towing permits. A city like Houston may require an additional local registration step before a company can tow from private property inside city limits.

TDLR sets the application fee in its fee schedule, and the amount depends on the license type and term. The current fee schedule is the source for the figure. TDLR does not start review without the fee and the certificate of insurance.

What happens if you skip required documentation

Skipping the required records has two concrete consequences. TDLR can issue an administrative warning, suspend the license, or revoke the license. Under Texas Occupations Code Section 2308.404, a vehicle owner harmed by a violation can sue for actual damages, and a court may order the company to pay the owner's attorney's fees. A company that cannot produce photographs or a signed authorization often loses a dispute even when the tow was otherwise justified. Clear towing company contract terms can help a company reduce disputes after a documented tow.

Common questions