Texas Occupations Code 2308.353 – Removal Under Governmental Entity’s Authority of Unauthorized Vehicle Parked in Right-of-Way
(a) A governmental entity that has jurisdiction over a public roadway and that has posted one or more signs in the right-of-way stating that parking is prohibited in the right-of-way may:
(1) remove or contract with a towing company to remove an unauthorized vehicle parked in the right-of-way of the public roadway; or
(2) grant written permission to an abutting parking facility owner to:
(A) post one or more “No parking in R.O.W.” signs along a common property line of the facility and the roadway; and
(B) remove vehicles from the right-of-way of the public roadway under this chapter.
(b) A sign under Subsection (a)(2) must:
(1) state that a vehicle parked in the right-of-way may be towed at the expense of the owner or operator of the vehicle;
(2) be placed facing the public roadway:
(A) on the parking facility owner’s property not more than two feet from the common boundary line; and
(B) at intervals so that no point in the boundary line is less than 25 feet from a sign posted under this subsection; and
(3) in all other respects comply with Subchapter G.
Terms Used In Texas Occupations Code 2308.353
- Contract: A legal written agreement that becomes binding when signed.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Property: means real and personal property. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) After signs have been posted under Subsection (b), the parking facility owner or a towing company may remove an unauthorized vehicle from the right-of-way subject to the governmental entity’s written permission given under Subsection (a)(2).