Texas Occupations Code Chapter 2308 is the statute that governs private-property towing in Texas. It is the California CVC 22658 equivalent for Texas, and it is the basis for almost every private-property tow dispute in the state. This post covers the sections that matter most for Houston drivers and property owners.

A quick note: Texas is not California. If you see California-specific references (CVC 22658, AutoReturn, CHP), they do not apply in Texas. The Texas framework is Occ. Code Ch. 2308.

What the chapter covers

Chapter 2308 covers:

  • The licensing framework for tow operators (Incident Management, Private Property, Consent Tow) and Vehicle Storage Facilities
  • The signage requirement for private-property tows (§2308.301)
  • The towing and storage fee caps set by TDLR
  • The hearing right for towed vehicle owners (§§2308.452, 2308.456)
  • Civil liability for unauthorized tows (§2308.404)
  • Personal property access from a stored vehicle

§2308.301: the signage rule

§2308.301 requires that every compliant sign on a private lot where unauthorized vehicles may be towed 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 along a wider entrance)
  • Weather-resistant and permanently mounted

The sign content must include:

  • 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 any sign fails a check, the tow is challengeable at a hearing.

§§2308.452, 2308.456: the hearing right

A driver whose vehicle was towed or booted without consent is entitled to a hearing on whether probable cause existed. The hearing is held in a justice (JP) court in the county where the vehicle was towed.

To request a hearing, file a written request with the court before the 14th day after removal (excluding weekends and holidays). The 14-day clock starts once the tower or VSF gives you the information needed to file.

At the hearing, the tower has to prove:

  • The lot had compliant signs at the time of the tow
  • The operator had authority to tow (from the property owner or authorized agent)
  • The vehicle was not authorized to be on the lot

If the tower cannot prove any of those, the tow is dismissed. You may get your fees back.

§2308.404: civil liability

§2308.404 creates civil liability for an unauthorized tow. The damages typically include:

  • The tow and storage fees you paid
  • Reasonable costs related to the wrongful tow (transportation, time off work)
  • In some cases, additional damages under Texas common law

The civil case is filed in justice court (small claims) or county court, depending on the amount in controversy.

§2308.101, §2308.151, §2308.201: the licensing framework

TDLR licenses three types of tow operators under Chapter 2308:

  • Incident Management (IM): tows from accidents and traffic incidents
  • Private Property (PP): tows from private lots
  • Consent Tow (CT): tows where the customer calls and agrees to the price

VSFs are separately licensed. To verify a license, use the TDLR License Search at tdlr.texas.gov/LicenseSearch/.

§2308.057, §2308.058: fees

TDLR sets the towing and storage fees that apply across Texas. The current non-consent caps (effective January 1, 2024) are:

  • $272 for vehicles 10,000 lb or less
  • $380 for vehicles 10,001 to 24,999 lb
  • $489 per unit (up to $978) for vehicles 25,000 lb or more

VSF fees: $22.85 per day storage for vehicles up to 25 ft, $39.99 per day for longer vehicles, plus an impoundment fee of up to $20 and a notification fee of up to $50.

Cities with populations over 70,000 (including Houston) may set their own in-city non-consent rate. The City of Houston rate under Mun. Code §8-123 (effective January 1, 2026) is $232 for the first 20 miles, then $4.64 a mile for light-duty.

§2308.302: prohibited fees at the VSF

VSFs cannot charge:

  • Environmental fees
  • Notary fees
  • Fees to access personal property in a stored vehicle

A VSF that charges any of these is in violation and is subject to TDLR discipline.

What Chapter 2308 does not cover

Chapter 2308 does not cover:

  • Repossession (a separate process under breach-of-peace standards)
  • City street obstruction (handled by the city’s police and traffic enforcement)
  • Police-initiated tows from accidents or DUIs (separate rules)
  • Heavy-duty tow fees inside city limits (those use Mun. Code §8-123 in Houston)

If your situation involves one of those, the path is different.

How to use Chapter 2308 in your situation

  • Towed from an apartment lot, condo lot, or commercial lot: Chapter 2308 controls. Check the signs.
  • Towed from a public street: Chapter 2308 does not apply. Use city procedures.
  • Towed from your own driveway by a hired operator: Chapter 2308 controls the operator’s license and the sign compliance.
  • Repossessed by a lender: Chapter 2308 does not apply. Use breach-of-peace analysis and a Texas attorney.

For what Chapter 2308 means for a specific situation, see our sign rules explainer, our rights explainer, and our property owner explainer.

If you need help thinking through next steps, call Quick Tow Houston at (281) 916-1288.

Frequently asked questions

Is Chapter 2308 the same as California CVC 22658? They cover similar ground but are separate statutes. California CVC 22658 does not apply in Texas. Texas uses Occ. Code Ch. 2308.

What does §2308.301 require? Signage at every lot entrance: 18 by 24 inches minimum, 5 to 8 feet up, with the tow symbol, parking rules, enforcement hours, and a 24-hour phone.

What does §2308.452 give me? The right to a tow hearing in JP court within 14 days of removal. The tower has to prove the tow was authorized.

What does §2308.404 do? It creates civil liability for an unauthorized tow. You can sue for the fees you paid and other related damages.

Does Chapter 2308 cover repossession? No. Repossession is governed by breach-of-peace standards and the UCC, not Chapter 2308.

What about heavy-duty tow fees inside Houston? Those use Mun. Code §8-123(d) with hourly billing. Chapter 2308 statewide caps apply outside the city.