Under Texas Occ. Code §2308.301, a private-property tow operator must tow from a lot with compliant signage. The sign must be at least 18 by 24 inches, mounted 5 to 8 feet off the ground, with the international tow symbol, the parking prohibition, enforcement days and hours, and a 24-hour phone number with area code. If the sign is missing or fails any of those checks, the tow can be challenged at a tow hearing.

What the sign must contain

Each compliant sign under Occ. Code §2308.301 needs:

  • The international tow-away symbol
  • Who may park and who may not, in plain language
  • The days and hours of enforcement
  • A 24-hour phone number with area code that the driver can call

If a sign at your apartment or HOA lot is missing any of those four items, it does not meet the statute.

Size and placement rules

Under §2308.301, a compliant sign must be:

  • At least 18 inches wide by 24 inches tall
  • Mounted between 5 and 8 feet above the ground
  • Visible to a driver entering the property
  • Placed at each driveway or curb cut (or every 25 feet if the entrance is wider than 35 feet)
  • Weather-resistant and permanently mounted

The 5-to-8-foot range matters because a sign too low can be hidden by a parked vehicle. A sign too high is unreadable from a car.

What “compliant” means for an apartment or HOA lot

Houston is an apartment and HOA city. A large percentage of private-property tows happen from apartment lots, condominium guest parking, and HOA reserved spots. The compliance test is the same as for any other private lot:

  • One sign at each driveway entrance to the lot (or every 25 feet along a wider entrance)
  • Sign visible from a driver entering the lot
  • Sign height, size, and content matching §2308.301

If the apartment or HOA does not meet those requirements, the tow is challengeable. Common failures: signs posted only at the property’s main entrance rather than at the lot’s driveway; signs faded or behind a bush; phone number rings to voicemail with no live answer.

What to do if your car was towed from a non-compliant lot

You have the right to a tow hearing in justice court within 14 days of receiving the hearing information. Bring:

  • Photos of the lot’s signage (or lack of signage) at the time of the tow
  • The tow receipt with date, time, and operator name
  • Any witness statements from neighbors or other parked drivers
  • The property’s lease or HOA docs if they describe the parking rules

At the hearing, the tower has to prove the sign was compliant. If they cannot produce a photo or testimony showing compliance, the tow is usually dismissed and you may get your fees back.

What to do if your car was towed from a compliant lot

If the lot’s signs meet every requirement under §2308.301, the tow stands. You still have the right to a hearing on whether probable cause existed (Occ. Code §§2308.452, 2308.456). The operator’s TDLR license should be visible on the truck and verifiable at the TDLR license search.

Pay the tow and storage fees to get the car out, then file the hearing request if you want to challenge the underlying decision. VSF storage runs $22.85 per day for vehicles up to 25 ft and $39.99 per day for longer vehicles (per 16 TAC §85.722).

Apartment lease language to watch for

If you are signing a new lease in Houston, check for two clauses that often produce tows:

  • “Visitor parking is enforced around the clock” plus “unauthorized vehicles will be towed at the owner’s expense”
  • A towing addendum that names a specific PP operator

Both clauses are enforceable if the signage on the lot is compliant. They are not enforceable if the signage fails any check under §2308.301.

How to find the right tow hearing court

The hearing is held in the justice court (JP court) in the county where the vehicle was towed. In Houston, that is one of the Harris County JP courts. The filing location is the court serving the precinct where the lot is located. The court clerk can confirm the right precinct over the phone.

For more on what to expect at a tow hearing, see our rights guide. For a private-property owner’s path to a compliant tow, see our property owner guide.

Frequently asked questions

What size does a Texas private-property tow sign need to be? At least 18 inches wide by 24 inches tall, per Occ. Code §2308.301.

How high must the sign be mounted? Between 5 and 8 feet off the ground.

Does the sign need a 24-hour phone number? Yes, the statute requires a 24-hour phone with area code that a driver can call.

What if my apartment lot has no signs? The tow can be challenged at a tow hearing. No compliant sign usually means no probable cause for the tow under §2308.301.

Where is the tow hearing held? In a justice court in the county where the tow happened. In Houston, that is a Harris County JP court serving the precinct where the lot is located.

Can I tow a car from my own property without signs? No, not under Occ. Code Ch. 2308. Without compliant signs, the tow is not authorized and can be challenged at a hearing.