Title OC, Occupations Code

Sec. 2303.052. ISSUANCE OF LICENSE; FEES. (a) The department may issue licenses to operate vehicle storage facilities. (b) The department may impose and collect a fee for a license in an amount sufficient to cover the costs incurred by the department in administering this chapter…

Sec. 2303.053. RULES REGARDING PAYMENT OF FEE. (a) The commission may adopt rules regarding the method of payment of a fee under this chapter. (b) The rules may authorize the use of: (1) electronic funds transfer; or (2) a credit card issued by a financial institution chartered b…

Sec. 2303.054. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING. (a) The commission may not adopt a rule restricting advertising or competitive bidding by a person licensed under this chapter except to prohibit a false, misleading, or deceptive practice. (b) In its rules to p…

Sec. 2303.055. EXAMINATION OF CRIMINAL CONVICTION. The department may conduct an examination of any criminal conviction of an applicant, including by obtaining any criminal history record information permitted by law. Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec…

Sec. 2303.056. PERIODIC INSPECTIONS. (a) The department may enter and inspect at any time during business hours: (1) the place of business of any person regulated under this chapter; or (2) any place in which the department has reasonable cause to believe that a license holder is…

Sec. 2303.057. PERSONNEL. The department may employ personnel necessary to administer and enforce this chapter. Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.03, eff. September 1, 2007.

Sec. 2303.058. ADVISORY BOARD. The Towing and Storage Advisory Board under Chapter 2308 shall advise the commission in adopting vehicle storage rules under this chapter. Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 1.03, eff. September 1, 2007. Amended by: Acts…

Sec. 2303.101. FACILITY LICENSE REQUIRED. (a) A person may not operate a vehicle storage facility unless the person holds a license issued under this chapter. (b) A license issued under this chapter: (1) is valid only for the person who applied for the license; and (2) applies on…

Sec. 2303.1015. EMPLOYEE LICENSE REQUIRED. (a) A person may not work at a vehicle storage facility unless the person holds: (1) a license issued under this chapter; (2) an incident management towing operator's license under Section 2308.153; (3) a private property towing operator…

Sec. 2303.102. LICENSE APPLICATION. (a) The commission by rule shall determine the types of information to be included in an application for a license under this chapter on a form prescribed by the executive director. (b) The rules adopted under this section must require an appli…

Sec. 2303.103. ELIGIBILITY. The department shall approve an application submitted as provided by Section 2303.102 unless the department determines that: (1) the applicant knowingly supplied false or incomplete information on the application; (2) in the three years preceding the d…

Sec. 2303.104. NOTICE OF DENIAL; OPPORTUNITY TO COMPLY. (a) If the department denies an application for a license under this chapter, the department shall send written notice of the decision to the applicant at the address shown on the application by certified mail, return receip…

Sec. 2303.105. TERM OF LICENSE; NOTICE OF EXPIRATION. (a) A license issued under this chapter is valid for the period set by the department. (b) Not later than the 30th day before the expiration date of a person's license, the department shall send written notice of the impending…

Sec. 2303.106. PROCEDURE FOR RENEWAL. (a) A person may apply to the department to renew the person's license. The application for renewal must be: (1) made on a form approved by the department; (2) submitted to the department before the expiration date of the license; and (3) acc…

Sec. 2303.151. NOTICE TO VEHICLE OWNER OR LIENHOLDER. (a) The operator of a vehicle storage facility who receives a vehicle that is registered in this state and that is towed to the facility for storage shall send a written notice to the registered owner and the primary lienholde…

Sec. 2303.1511. VEHICLE STORAGE FACILITY'S DUTY TO REPORT AFTER ACCEPTING UNAUTHORIZED VEHICLE. (a) A vehicle storage facility accepting a vehicle that is towed under this chapter shall, within two hours after receiving the vehicle, report to the local law enforcement agency with…

Sec. 2303.152. NOTICE BY PUBLICATION. (a) Notice to the registered owner and the primary lienholder of a vehicle towed to a vehicle storage facility may be provided by publication in a newspaper of general circulation in the county in which the vehicle is stored or on a publicly …

Sec. 2303.1521. CERTAIN VEHICLES WITH STATE OF REGISTRATION UNKNOWN. (a) An operator of a vehicle storage facility who receives a motor vehicle as defined by Section 501.002(17)(A), Transportation Code, and does not know the state in which the vehicle is registered may give notic…

Sec. 2303.153. CONTENTS OF NOTICE. (a) A notice by mail provided under Section 2303.151 must include: (1) the date the vehicle was accepted for storage; (2) the first day for which a storage fee is assessed; (3) the daily storage rate; (4) the type and amount of any other charge …

Sec. 2303.154. SECOND NOTICE; CONSENT TO SALE. (a) If a vehicle is not claimed by a person permitted to claim the vehicle before the 10th day after the date notice is mailed or published under Section 2303.151 or 2303.152, the operator of the vehicle storage facility shall consid…

Sec. 2303.1545. DISPOSITION OF ABANDONED NUISANCE VEHICLE. (a) A vehicle storage facility that holds an abandoned nuisance vehicle is not required to send or publish a second notice and is entitled to dispose of the vehicle on the 30th day after the date the notice is mailed or p…

Sec. 2303.155. CHARGES RELATED TO STORAGE. (a) For the purposes of this section, "governmental vehicle storage facility" means a garage, parking lot, or other facility that is: (1) owned by a governmental entity; and (2) used to store or park at least 10 vehicles each year. (b) T…

Sec. 2303.1551. REQUIRED POSTING. (a) All storage fees shall be posted at the licensed vehicle storage facility to which the motor vehicle has been delivered and shall be posted in view of the person who claims the vehicle. (b) A vehicle storage facility accepting a nonconsent to…

Sec. 2303.1552. BIENNIAL ADJUSTMENT OF CERTAIN FEES. (a) In this section, "consumer price index" means the Consumer Price Index for All Urban Consumers (CPI-U) published by the Bureau of Labor Statistics of the United States Department of Labor. (b) Each odd-numbered year, the co…

Sec. 2303.156. PAYMENT BY LIENHOLDER OR INSURANCE COMPANY. (a) A lienholder who repossesses a vehicle delivered to a vehicle storage facility is liable to the operator of the facility for any money owed to the operator in relation to delivery of the vehicle to or storage of the v…

Sec. 2303.157. DISPOSAL OF CERTAIN ABANDONED VEHICLES. (a) The operator of a vehicle storage facility may dispose of a vehicle for which notice is given under Section 2303.154 if, before the 30th day after the date notice is mailed, the vehicle is not: (1) claimed by a person ent…

Sec. 2303.158. ACCESS TO GLOVE COMPARTMENT, CONSOLE, OR OTHER INTERIOR STORAGE AREA TO ESTABLISH IDENTITY OR OWNERSHIP. The operator of a vehicle storage facility or a governmental vehicle storage facility must allow a person claiming to be the owner of a vehicle stored or parked…

Sec. 2303.159. FORMS OF PAYMENT OF CHARGES. (a) The operator of a vehicle storage facility shall accept each of the following forms of payment for any charge associated with delivery or storage of a vehicle: (1) cash; (2) debit card; and (3) credit card. (a-1) The operator of a v…

Sec. 2303.160. RELEASE OF VEHICLES. (a) A vehicle storage facility may not refuse to release a vehicle to the owner or operator of the vehicle or require a sworn affidavit of the owner or operator of the vehicle solely because the owner or operator presents valid photo identifica…

Sec. 2303.161. DRUG TESTING OF EMPLOYEES. (a) A license holder shall establish a drug testing policy for employees of the vehicle storage facility operated by the license holder. A license holder that establishes a drug testing policy under this subsection may adopt the model dru…

Sec. 2303.201. DEFINITIONS. In this subchapter, "lessor" and "self-service storage facility" have the meanings assigned by Section 59.001, Property Code. Added by Acts 2021, 87th Leg., R.S., Ch. 99 (S.B. 1181), Sec. 4, eff. September 1, 2021.

Sec. 2303.202. APPLICABILITY. This subchapter applies only to property described by Section 59.051, Property Code. Added by Acts 2021, 87th Leg., R.S., Ch. 99 (S.B. 1181), Sec. 4, eff. September 1, 2021.

Sec. 2303.203. ACCEPTANCE OF PROPERTY. A vehicle storage facility shall accept property from a lessor who has transferred possession of the property from a self-service storage facility to the vehicle storage facility under Section 59.052, Property Code. Added by Acts 2021, 87th …

Sec. 2303.204. DISPOSITION OF PROPERTY. A vehicle storage facility that accepts property under Section 2303.203 may dispose of the property in the manner provided by Subchapter D for a vehicle received by a facility as described by Section 2303.151. Added by Acts 2021, 87th Leg.,…

Sec. 2303.301. INJUNCTION; CIVIL PENALTY. (a) If a person has violated, is violating, or is threatening to violate this chapter or a rule or order adopted under this chapter, the department or the attorney general at the request of the department may institute an action for: (1) …

Sec. 2303.302. CRIMINAL PENALTIES. (a) A person commits an offense if the person: (1) violates the licensing requirements of this chapter; or (2) employs an individual who does not hold an appropriate license required by this chapter. (b) An offense under this section is a Class …

Sec. 2303.303. AUTHORITY TO ARREST. A peace officer or license and weight inspector for the Department of Public Safety may make an arrest for a violation of a rule adopted under this chapter. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.

Sec. 2303.304. ADMINISTRATIVE PENALTY. (a) The commission may impose an administrative penalty on a person under Subchapter F, Chapter 51, regardless of whether the person holds a registration, permit, or license under this chapter, if the person violates: (1) this chapter or a r…

Sec. 2303.305. CEASE AND DESIST ORDER; INJUNCTION; CIVIL PENALTY. (a) The executive director may issue a cease and desist order as necessary to enforce this chapter if the executive director determines that the action is necessary to prevent a violation of this chapter and to pro…