Texas Transportation Code 503.096 – Towing of Vehicles
(a) If a person is engaged in business as a dealer in violation of § 503.021, a peace officer may cause a vehicle that is being offered for sale by the person to be towed from the location where the vehicle is being offered for sale and stored at a vehicle storage facility, as defined by § 2308.002, Occupations Code.
(b) A peace officer may cause the vehicle to be towed under Subsection (a) only if:
(1) the peace officer has a probable cause that the vehicle is being offered for sale by a person engaged in business as a dealer in violation of § 503.021;
(2) the peace officer has complied with the notice requirements under Subsection (c); and
(3) the notice under Subsection (c) was attached to the vehicle not less than two hours before the vehicle is caused to be towed.
Terms Used In Texas Transportation Code 503.096
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- 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) Before a vehicle may be towed under Subsection (a), a peace officer, an appropriate local government employee, or an investigator employed by the department must attach a conspicuous notice to the vehicle’s front windshield or, if the vehicle has no front windshield, to a conspicuous part of the vehicle stating:
(1) the make and model of the vehicle and the license plate number and vehicle identification number of the vehicle, if any;
(2) the date and time that the notice was affixed to the vehicle;
(3) that the vehicle is being offered for sale in violation of § 503.021;
(4) that the vehicle and any property on or in the vehicle may be towed and stored at the expense of the owner of the vehicle not less than two hours after the notice is attached to the vehicle if the vehicle remains parked at the location; and
(5) the name, address, and telephone number of the vehicle storage facility where the vehicle will be towed.
(d) Once notice has been attached to a vehicle under Subsection (c), a peace officer may prevent the vehicle from being removed by a person unless the person provides evidence of ownership in the person’s name or written authorization from the owner of the vehicle for the person to offer the vehicle for sale in a manner other than by consignment.