Frequently Asked Questions
Not if in compliance with the following chapter.
Texas Occupation Code:
Sec. 2308.403. LIMITATION ON LIABILITY OF PARKING FACILITY OWNER FOR REMOVAL OR STORAGE OF UNAUTHORIZED VEHICLE. A parking facility owner who causes the removal of an unauthorized vehicle is not liable for damages arising from the removal or storage of the vehicle if the vehicle:
(1) was removed in compliance with this chapter; and
(2) is:
(A) removed by a towing company insured against liability for property damage incurred in towing a vehicle; and
(B) stored by a vehicle storage facility insured against liability for property damage incurred in storing a vehicle.
Your vehicle can be removed from a none operational Multifamily/Apartment Residential or Commercial private property parking lot if the owner/manager of the facility is currently under contract with a 24 hour, seven days a week towing company. It does not matter if the parking lot facility is currently open or closed for business.
There are liability issues (e.g., the car gets damaged while parked on its private property lot facility; items are stolen from a vehicle parked on a private property lot facility). Other reasons might include the possibility of a vehicle parked for a long time. The business might require their own parking facility for their customers during business hours.
The Texas Department of Licensing and Regulations sets maximum towing fees. (https://www.tdlr.texas.gov/towing/compliance/vsf/fees.htm#towing-fees). Municipalities can also set their own maximum charges for towing. Any private parking lot facility towing company must abide by the stricter of the two laws/ordinances. Take note that the towing fee does not include the vehicle impounded facilities fees. These additional charges are usually set by the number of days the vehicle stays impounded.
No law prohibits private parking lot tow operators from patrolling and monitoring parking lots that are under contract. The contract with the Multifamily/Apartment Residential or Commercial private parking lot facility owner or managing company sets the terms for this to take place.