Vehicle Towed From Public Right-of-Way Without § 2308.354 Authority
Tex. Occ. Code § 2308.354 limits authority to remove vehicles from PUBLIC roadways to law-enforcement agencies and authorized governmental entities. A private tow operator who tows a vehicle from a public street (including the shoulder, a public alley, or a metered space) without specific law-enforcement direction violates this section and exposes themselves to § 2308.404 damages. Common scenario: a private apartment complex tows a guest's vehicle parked on the public street rather than the lot.
Legal basis
Tex. Occ. Code §§ 2308.351-2308.354; § 2308.404
Sample appeal wording
My vehicle was towed from a PUBLIC roadway/shoulder/alley at [LOCATION] by [TOWING COMPANY] without authorization from any law-enforcement agency, in violation of Tex. Occ. Code § 2308.354. Only law enforcement may direct removal of a vehicle from public ROW. Photographs and witness statements attached. I request full refund and damages under § 2308.404(c).
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Tex. Occ. Code §§ 2308.351-2308.354