Tex. Codes » Occupations Code · TITLE 14. REGULATION OF MOTOR VEHICLES AND TRANSPORTATION · SUBTITLE A. REGULATIONS RELATED TO MOTOR VEHICLES · CHAPTER 2308. VEHICLE TOWING AND BOOTING
Texas Codes

Tex. Occ. Code § 2308.401 (2026)

Parking Facility Owner Prohibited From Receiving Financial Gain From Towing Company Or Booting Company

✓ current as of May 2026
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Sec. 2308.401. PARKING FACILITY OWNER PROHIBITED FROM RECEIVING FINANCIAL GAIN FROM TOWING COMPANY OR BOOTING COMPANY. (a) A parking facility owner may not directly or indirectly accept anything of value from:

(1) a towing company in connection with the removal of a vehicle from a parking facility; or

(2) a booting company in connection with booting a vehicle in a parking facility.

(b) A parking facility owner may not have a direct or indirect monetary interest in:

(1) a towing company that for compensation removes unauthorized vehicles from a parking facility in which the parking facility owner has an interest; or

(2) a booting company that for compensation boots vehicles in a parking facility in which the parking facility owner has an interest.

(c) This section does not apply to a sign required under Section 2308.301 provided by a towing or booting company to a parking facility owner.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Renumbered from Transportation Code, Section 684.081 by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 2.06, eff. September 1, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 845 (S.B. 2153), Sec. 16, eff. September 1, 2009.

Acts 2011, 82nd Leg., R.S., Ch. 353 (H.B. 3510), Sec. 14, eff. September 1, 2011.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2019–2022 · leading case: Ruth Torres v. the Cont'l Apts., All Cities Towing Inc., City Veh. Storage Inc. (Tex. App. 2019).
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Ruth Torres v. the Cont'l Apts., All Cities Towing Inc., City Veh. Storage Inc. (Tex. App. 2019). · cites it 2× “402 of the Texas Occupations Code when Continental allegedly received a fifty dollar gift card from All Cities Towing. See TEX.”
William Golden v. Milstead Towing & Storage, Agent, Stephen Meredith, Amanda Mason, & Josh Rothstein (Tex. App. 2022). “Later in his brief, Appellant has another section styled, “Issues Presented[,]” wherein he states: “The County Court’s determination that there was no violation of Tex. Occ. Code section 2308.401 and 2308.”
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