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Towing Administrative Rules
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<br />(5) Consent tow --Any tow of a motor vehicle in which the tow truck is summoned by the oviner or operator of the vehicle or by a person
<br />who has possession, custody, or control of the vehicle. The term does not include an incident management tow or a private property
<br />tow.
<br />(6) Conspicuous --Written in a size, color, and contrast so as to be readily noticed and understood.
<br />(7) Contested case --A proceeding, including a licensing proceeding, in which the legal rights, duties, Or Privileges Of a party are to be
<br />determined by a state agency after an opportunity for adjudicative hearing.
<br />(8) Department The Texas Department of Licensing and Regulation.
<br />(9) Driver's License —Has the meaning assigned by §521.001, Transportation Code.
<br />('10) Incident --an unplanned randomly occurring traffic event that adversely affects normal traffic operations.
<br />(11) Incident management tow --Any tow of a vehicle in which the tow truck is summoned because of a traffic accident or to an
<br />incident.
<br />(12) License holder or Licensee --The person to which the department issued a license.
<br />(13) Nonconsent tow --Any tow of a motor vehicle that Is not a consent tow, including:
<br />(A) an incident management tow, and
<br />(B) a private property tow,
<br />(14) Parking facility --Public or private property used, wholly or partly, for restricted or paid vehicle parking. The term includes:
<br />(A) a restricted space on a portion of an otherwise unrestricted parking facjlityt and
<br />(B) a commercial parking lot, a parking garage, and a parking area serving or adjacent to a business, church, school,
<br />home, apartment complex, property governed by a prcp" owners' association, or government -owned property leased
<br />to a private person, including:
<br />(i) a portion of the fight -of -way Of a public roadway that is leased by a governmental entity to the parking
<br />facility owner; and
<br />(11) the area between the facility's property line abutting a county or municipal public roadway and the center
<br />line of the roadway's drainage way or the curb of the roadway, whichever is farther from the facility's
<br />property line,
<br />(15) Parking facility authorized agent --An employee or agent of a parking facility Owner with the authority to:
<br />(A) authorize the removal of a vehicle from the parking facility on behalf of the parking facility owner; and
<br />(B) accept service on behalf of the parking facility owner of a notice of hearing requested under this chapter.
<br />(16) Parking facility owner --
<br />(A) an individual, corporation, partnership, limited partnership, limited liability company, association, trust, or other legal
<br />entity owning or operating a parking facility;
<br />(13) a property owners' association having control Linder a dedicatory instrument, as that term is defined in §202.001,
<br />Property Code, over assigned Of unassigned parking areas: or
<br />(C) a property owner having an exclusive right under a dedicatory instrument, as that term is defined in §202 001,
<br />Property Code, to use a parking space.
<br />(17) Permit holder --The person to which the department issued a permit.
<br />(18) Private property tow --Any tow of a vehicle authorized by a parking facility owner without the consent of the owner or operator of
<br />the vehicle.
<br />(19) Property owners' association --Has the meaning assigned by §202.001, Property Code.
<br />(20) Public roadway --A public street. alley, road, right-of-way, or other public way, including paved and unpaved portions of the right -of
<br />-way.
<br />(21) Tow truck --A motor vehicle, including a wrecker, equipped with a machanical device used to tow, winch, or otherwise move
<br />another motor vehicle. The term does not include:
<br />(A) a Motor vehicle owned and operated by a governmental entity, including a public school district;
<br />(B) a motor vehicle towing:
<br />(I) a race car.
<br />(ii) a motor vehicle for exhibition; or
<br />(iii) an antique motor vehicle;
<br />(C) a recreational vehicle towing another vehicle;
<br />(D) a motor vehicle used in combination with a tow bar, tow dolly, or other mechanical device if the vehicle is not operated
<br />in the furtherance of a cornmerclal enterprise;
<br />(E) a motor vehicle that is controlled or operated by a fafmor or rancher and used for towing a farm vehicle; or
<br />(F) a motor vehicle that:
<br />(I) is owned or operated by an entity the primary business of which is the rental of motor veh[cles; and
<br />(ii) only to,.vs vehicles rented by the entity.
<br />http://w",vN,.lieciise.state.tx.us/towing/towrules,litm 6/21/2011
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