Vehicle Towing Penalties and Sanctions Texas Occupations Code, Chapter 230816 Texas Administration Code, Chapter 86 Class A: 1 st Violation, Reprimand to $1,000 2 nd Violation, $500 to $2,000 3 rd Violation, $1,000 to $4,000 per day not corrected and/or 6-month probated suspension to 1- year full suspension Failure of a permit holder to keep a cab card in the cab of each permitted tow truck - 2308.108(c), 86.206(c) Failure of a permit holder to have required information displayed on each permitted tow truck - 2308.109(a), 86.701(a) Failure of a permit holder to display required information in the proper size and color contrast and have it permanently and conspicuously affixed to both sides of the truck - 2308.109(b), 86.701(b) Failure of a permit holder to file evidence of insurance with the Department - 2308.110(c) Failure of a permit holder to keep evidence of insurance in a form approved by the Department in the cab of each permitted tow truck - 2308.110(d) Failure of a permit holder to ensure that the insurance information on the certificate of insurance and on file with the Department reflects the correct name and address of the permit holder - 86.400(c) Certificate of insurance failed to contain a provision obligating the insurer to give the Department thirty days notice before the effective date of a policy cancellation date - 86.400(d)(3) Permit holder submitted a nonconsent towing fee schedule that was not on the required paper size or in the required color and font - 86.500(a) Permit holder submitted a nonconsent towing fee schedule that did not contain the required information - 86.500(a) Permit holder filed a nonconsent towing fee that was not a complete list of all nonconsent towing fees charged by the towing company - 86.500(d) Failure to notify the Department of a licensee s or permit holder s name change no later than the effective date of change - 86.702(a)(1) Failure to notify the Department of a change of a licensee s or permit holder s mailing or physical address no later than the effective date of change - 86.702(a)(2) Failure to notify the Department of a change in the licensee s drug testing policy within 30 days of the date of change - 86.702(a)(3) Failure of a permit holder to have all required company information on a tow ticket - 86.709(e) Failure of a towing operator to carry and openly display the appropriate Departmentissued original towing operator license - 86.1001(d)
Class B: 1 st Violation, $500 to $3,000 and/or up to 6-month probated suspension 2 nd Violation, $1,500 to $5,000 plus 1-year probated suspension to 1-year full suspension 3 rd Violation, $3,000 to $5,000 per day not corrected plus 1-year full suspension to revocation Performed a nonconsent tow and took the vehicle to a location other than a licensed vehicle storage facility or a location designated by the vehicle owner - 2308.205(a), 86.700(a) Charged or collected a fee for a consent tow without the prior written consent of the vehicle owner or operator - 2308.205(c) Failure of a permit holder to file a nonconsent towing fee schedule with the Department before January 31 of each year or when the previous one is outdated - 2308.206(a), 86.500(a), 86.707 Failure of a permit holder to report nonconsent towing fees to the Department within 30 days of a political subdivision commencing regulation of towing fees - 2308.206(b), 86.500(b) Failure of a permit holder to report any change in nonconsent towing fees regulated by a political subdivision within 30 days of the change - 2308.206(c), 86.500(c) Charged a nonconsent tow fee that is greater than the fee listed on the schedule supplied to the Department - 2308.206(e), 86.705(i) Performed a nonconsent tow from a leased right-of-way, an area between a parking facility and a public right-of-way, a public right-of-way, or a public roadway when not authorized - 2308.351, 2308.352, 2308.353(c), 2308.354, 86.705(g) Failure of a towing company to give a vehicle owner who paid the cost of the vehicle s removal written notice of the person s rights under Chapter 2308-2308.454(a) Failure of a towing company to include all required information on a vehicle owner s written notice of rights - 2308.455 Failure of a permit holder to ensure the electronic submission of a certificate of insurance when changing a business name or affiliation, or upon request of the Department - 86.400(a) Failure of a permit holder to file evidence of insurance and the required affidavit with the Department within ten days of a lapse in insurance coverage due to the insolvency of an insurance carrier - 86.400(f) Failure of a towing company to complete all corrective actions and provide written verification to the Department - 86.453(a)(2) Requested a vehicle owner sign the tow ticket for a tow initiated by law enforcement - 86.700(b) Failure to take the towed vehicle to the designated location by the most direct route reasonably available - 86.700(c) Executed an authorization for repairs at the scene of an accident or included an authorization for repairs on a tow ticket authorized by law enforcement - 86.704 Towed a vehicle to a storage facility that did not have the required postings - 86.705(d)
Towing company contracted for the removal from a parking facility of a vehicle that did not display an unexpired license plate or registration insignia without noting the required tow-authorization information on the tow ticket - 86.705(h) Failure of a towing company to provide a nonconsent towing fees schedule to a vehicle storage facility to which the towing company delivers vehicles for storage - 86.706(a) Towing company provided a nonconsent towing fees schedule to a vehicle storage facility which did not match the schedule on file with the Department - 86.706(b) Towing company collected a nonconsent towing fee for a vehicle stored in a vehicle storage facility which did not have a sign stating Nonconsent tow fees schedules available on request" in one-inch lettering - 86.706(c) Failure of towing company to make a nonconsent towing fees schedule available to a requestor during normal business hours of the vehicle storage facility - 86.706(d) Towing company operated on a tow truck on the public roadways of Texas when its license plates did not include the words Tow Truck - 86.708 Failure of towing company to prepare and issue a tow ticket for each nonconsent tow - 86.709(a) Failure of towing company to give a copy of the tow ticket to the vehicle owner and/or deliver a copy to the vehicle storage facility or agreed-upon place - 86.709(b) Towing company s tow ticket authorized charges unrelated to towing the vehicle to a designated location - 86.709(c) Towing company s tow ticket did not itemize each charge and/or characterize the fees using the identical fee structure stated in the on-file fee schedule - 86.709(d) Tow truck did not carry all required safety equipment - 86.1000(a) Tow truck did not have required boom, winch, or carry mechanism capacity information - 86.1000(c) Tow truck hydraulic lines were not free of leaks or were not in good working condition free of defects - 86.1000(d) Tow truck winch exceeded the capacity of the boom or leaked oil - 86.1000(e) Tow truck cables not as specified by manufacturer or were not in good condition within manufacturer s guidelines - 86.1000(f) Tow truck did not have copy of annual state inspection - 86.1000(g) Tow truck placed in service after May 1, 2008 did not contain all required original manufacturer s warning labels - 86.1000(h) Failure of a towing operator to comply with all requirements of the protective clothing and identification policy - 86.1001(a), 86.1001(b), 86.1001(c) Failure of a towing company to maintain at a principal office in Texas all records and information required by the Department - 86.1002(a) Towing company maintained required records at an alternate location other than the principal office prior to approval from the Department - 86.1002(a)(1) Failure to reimburse the Department for necessary travel expenses and per diem for inspections or investigations conducted at an out-of-state facility - 86.1002(a)(2) Failure of a towing company to maintain all books and records the towing company s principal business address for a minimum of two years - 86.1002(b Class C:
1 st Violation, $1000 to $5,000 and/or 1-year probated suspension up to revocation 2 nd Violation, $2000 to $5,000 plus 1-year probated suspension to revocation 3 rd Violation, $3,500 to $5,000 per day not corrected plus revocation Failure to pay risk-based inspection fee - 2308.059(c), 86.452(c) Failure of a towing company owner, manager, or their representative to cooperate with an inspector in the performance of the inspection - 2308.059(d), 86.450(d) Tow truck was used for consent towing or nonconsent towing on a public roadway without the appropriate permit - 2308.101, 2308.103(a), 2308.104(a), 2308.104(c), 2308.105(a), 2308.105(c), 86.200(a), 86.201(a), 86.202(a), 86.202(c), 86.203(a), 86.203(c) Failure of a permit holder to surrender a cab card when ordered by the Department - 2308.108(d), 86.206(e) Failure of a permit holder to keep liability and cargo insurance in the required amount for each tow truck in force at all times - 2308.110(a), 86.400(d)(1), 86.400(d)(2) Permit holder obtained insurance from an insurer not authorized to do business in Texas - 2308.110(b), 86.400(b) Performed towing operations without the appropriate license - 2308.151(1), 86.207(a) Operated a towing company without the appropriate license - 2308.151(2), 86.212(a) Operated an incident management permitted tow truck without an incident management towing operator s license - 2308.153(a), 86.208(a) Operated an private property permitted tow truck without a private property towing operator s license - 2308.154(a), 86.209(a) Operated a consent permitted tow truck without a consent towing operator s license - 2308.155(a), 86.210(a) Charged or collected an amount greater than allowed for a tow in an area not regulated by a political subdivision - 2308.204, 86.705(c) Removed and stored an unauthorized vehicle other than when allowed by law - 2308.255(a), 2308.255(b), 2308.255(d), 86.705(e) Removed and stored an unauthorized vehicle without possessing the required liability insurance for property damage incurred towing a vehicle - 2308.255(c), 86.705(e) Towed a vehicle from a parking facility that did not have the required signage prohibiting unauthorized vehicles - 2308.301(a), 2308.301(b), 86.705(f) Towing company gave something of value to a parking facility owner in connection with the removal of a vehicle from the parking facility - 2308.402(a), 86.705(a) Towing company had a direct or indirect monetary interest in a parking facility from which the towing company removes unauthorized vehicles for compensation - 2308.402(b), 86.705(b) Performed an nonconsent tow initiated by a peace officer without holding an incident management towing permit - 86.201(a) Performed a nonconsent tow authorized by a parking facility owner without holding a private property towing permit - 86.202(a) Performed a consent tow authorized by the vehicle owner without holding a consent towing permit - 86.203(a)
Failure of a towing company owner, manager, or their representative to make available to a Department inspector all records, notices and other documents - 86.450(d), 86.451(b), 86.452(e) Failure of towing company to file an original application when there was a change of ownership in the company - 86.703 Failure of towing company to keep a record of every nonconsent tow and the required information for each - 86.705(j) Failure of a towing operator to allow Department personnel or law enforcement to inspect a permitted tow truck - 86.705(k) Class D: 1 st Violation, $2,000 to $5000 and/or 6-month to 1-year suspension 2 nd Violation, $3,000 to $5,000 plus 1-year suspension up to revocation 3 rd Violation, Revocation Failure of a towing company to establish a drug testing policy for its towing operators - 2308.158, 86.710 Failure or refusal to fully cooperate and comply with any term of the towing company s drug testing policy - 86.710 Towing operator or applicant took or was under the influence of a drug not prescribed by a physician - 86.710(a)(5)(A) Towing operator or applicant engaged in the manufacture, sale, distribution, use, or unauthorized possession of illegal drugs - 86.710(a)(5)(B) Failure of a towing company to notify the Department of an employee s drug conviction - 86.710(a)(5)(D) Failure of a towing company to notify the Department within three days of an employee s confirmed positive drug test result - 86.710(a)(8)(E) Failure of a towing operator to stand down from towing operation duties following a positive drug test result confirmation - 86.710(a)(11)(B) Class E: 1 st Violation, Revocation 2 nd Violation, Revocation 3 rd Violation, Revocation Failure to comply with previous order of the Commission/Executive Director - 2308.501(2), 65.90 Obtained a license by fraud or false representation - 65.90(c)(1) Failure to pay the Department for a dishonored check - 60.82