Texas Private Parking Enforcement Laws: Occupations Code 2308, Signs, Booting, and Towing

Summary

Texas regulates private property towing and booting in detail, and almost all of it lives in one place: Occupations Code Chapter 2308, enforced by the Texas Department of Licensing and Regulation (TDLR). The chapter's main condition for towing or booting an unauthorized vehicle without the driver's consent is signage that meets exact size, color, wording, and placement rules, posted for at least 24 hours. Tow fees are capped by TDLR rule, the statute requires boot removal within an hour of the driver's call, and drivers may request a justice court hearing. Private parking citations are a different matter: we found no Texas statute that authorizes them, and they rest on contract.

This page covers Texas only. For other states, see the private parking enforcement laws by state hub.

Private parking citations and invoices

Chapter 2308 is a towing and booting law. It says nothing about a private operator leaving a payment notice on a windshield, and we found no other Texas statute that authorizes or prohibits private parking "citations." That leaves the general rule we explain in can private companies issue parking tickets: the notice is a civil demand, and its strength depends on the posted terms the driver accepted by parking.

Three points follow from that framing in Texas. A private notice carries no government authority and no license consequences, which sets it apart from a city ticket. The posted terms set the amount the notice refers to. And an unpaid notice is pursued through the civil routes that exist for other debts, such as a demand letter, collections, or a small claims case in justice court, not a warrant. Some operators pair a payable notice with booting or towing for repeat offenders, which brings in the rules below.

What signs must say

Texas spells out its sign rules in unusual detail. Under §2308.301, each sign must face and be conspicuously visible to drivers entering the lot, sit on the right or left side of every driveway or curb cut (including alley entrances), be permanently mounted on a pole, post, wall, or barrier, and be installed with its bottom edge no lower than five feet and no higher than eight feet. Where curbs or landscaping do not define entrances and an entrance is wider than 35 feet, signs go at intervals so no part of the entrance is more than 25 feet from one.

The statute requires each sign to be weather resistant, at least 18 inches wide and 24 inches tall, and to contain:

• the international towing symbol;
• a statement of who may park and that all others are prohibited;
• the words "Unauthorized Vehicles Will Be Towed at Owner's or Operator's Expense" (or the booted, or towed or booted, version);
• the days and hours of towing and booting enforcement; and
• a phone number, with area code, answered 24 hours a day so a driver can find the car or get a boot removed.

Section 2308.302 then fixes the layout. The top carries a bright red tow-truck silhouette on white, at least four inches tall. Directly under it, "Towing Enforced," "Booting Enforced," or "Towing and Booting Enforced" appears in white letters at least two inches tall on a red background. The middle section carries the remaining text in red letters at least one inch tall on white, and the bottom strip carries the phone number in white on red, with the storage facility's name and address optional unless a city requires it. Individual reserved spaces can add their own small signs under §2308.305 (top no higher than seven feet, letters at least two inches), but only on a lot that already has compliant entrance signs. Our general guide to parking lot signage covers placement practices common across states.

Towing from private property

Section 2308.252 lets a parking facility owner have an unauthorized vehicle towed and stored at the owner's expense in four situations: compliant signs were up at the time of the tow and for the preceding 24 hours; the driver got actual notice that the car would be towed; the owner attached a windshield notice and then mailed a certified letter giving the driver until the 15th day after the postmark to move the car; or the car was blocking a fire lane, driveway, or similar area listed in §2308.251 and §2308.253.

Section 2308.255 sets the tow company's own conditions: it must be licensed and insured, it needs written verification from the property owner that the signs are posted, and it may tow only a vehicle the owner specifically requested or under a standing written agreement to enforce that lot. TDLR licenses tow companies, tow operators, and the trucks themselves.

Apartment complexes get extra rules in §2308.253. It bars a complex from towing a car merely because its plates or registration sticker are expired unless a lease provision provides for it and the resident gets at least 10 days' written notice first. The section also bars towing emergency vehicles from apartment lots.

Booting

Section 2308.257 conditions booting on the same signs as towing: compliant signs posted for the preceding 24 hours. When a boot goes on, the statute requires the operator to leave a conspicuous notice on the windshield or driver's window stating that the car is booted, the date and time, the booting company's name, address, and phone number, a 24-hour number to arrange removal, the removal fee and any parking fees owed, the driver's right to a hearing, and how to file a complaint with the local authority.

Section 2308.258 sets the removal rules. The company must take the boot off within one hour of the driver's call or waive the removal fee. Two boots on one car cost no more than one. The statute requires the company to accept electronic check, debit, and credit, bars it from charging a driver who offers a card type it is not equipped to take, and requires a receipt, with a copy kept for three years.

Fees and permits for booting are local. Section 2308.2085 lets cities regulate booting companies, operators, permits, signs, and fees, as long as their rules include the state minimums and a complaint process. Austin, for example, requires a city vehicle immobilization license, with a $100 application fee and a two-year term. Our comparison of booting and towing covers how operators weigh the two tools.

Fees, caps, and driver remedies

Section 2308.0575 tells the Texas Commission of Licensing and Regulation to set maximum private property tow fees by rule and to restudy them at least every two years. The current rule, 16 TAC §86.455, took effect November 1, 2021, and sets these maximums:

The drop charge applies when the owner shows up while the car is hooked but still on the lot; the rules require the operator to tell the owner the option exists and to accept cash, credit, and debit for it. Cities may regulate nonconsent tow fees too, but not above the TDLR maximum (§2308.202).

Chapter 2308 also gives drivers remedies. Anyone whose car was towed or booted without consent may request a hearing in justice court on whether there was probable cause (§2308.452 and §2308.453). The written request must reach the court within 14 days, excluding weekends and holidays, and the clock does not start until the tow company provides the information the request needs (§2308.456). The hearing happens within 21 calendar days, and the driver carries the burden of proof (§2308.458). Separately, §2308.404 makes a tow company, booting company, or parking facility owner who violates the chapter liable for damages and the fees charged, and an intentional, knowing, or reckless violation costs $1,000 plus three times the fees.

Local ordinances to check

State law sets the floor, but Texas cities add to it. Booting is the biggest example, since §2308.2085 hands booting fees and permits to local authorities, and cities such as Austin license booting companies directly. Cities can also set nonconsent tow fees below the state cap, require the storage facility's address on signs, and adopt their own unauthorized-vehicle ordinances under §2308.208. These rules appear in the city code for the lot's address; Houston, Dallas, San Antonio, and Austin each publish theirs online, and the relevant sections are found under booting, vehicle immobilization, and nonconsent towing.

Questions to raise with your attorney

Nearly every Texas towing and booting provision ties back to the signs in §2308.301 and §2308.302, with city codes layered on top. An attorney licensed in Texas can work through questions like these for a specific lot:

• Do our signs match §2308.301 and §2308.302 exactly, including size, colors, mounting height, and enforcement hours, at every driveway and curb cut?
• How should we document that compliant signs were in place for the 24 hours before each tow or boot?
• Does our notice wording avoid any suggestion of government authority or license consequences?
• If we boot, what does the city's ordinance under §2308.2085 require, and how do the one-hour removal and payment rules in §2308.258 fit our operator?
• Does our written agreement with a TDLR-licensed tow company meet §2308.255, including the sign verification?
• At apartment properties, how do §2308.253's lease and 10-day notice rules apply to tows tied to expired registration?
• What exposure does §2308.404 create for a parking facility owner if a tow or boot does not comply with the chapter?

Lotably's enforcement workflow (plate checks, photos, online payment) works the same in every state. Booting and towing records start switched off in Lotably and are turned on when the operator asks. Lotably does not check whether booting or towing is allowed where an operator enforces; the operator is responsible for following the law and assumes all risk of using them.