Vehicle Storage Facilities at a glance

Statutes: Chapter 2303, Occupations Code Rules: Title 16 T.A.C. Chapter 85 Practice Act? Yes Title Act? No Inspections? Yes Number of Licensees: 4,408 (FY 20)

Equipment? Yes

Individuals? Yes

Facilities? Yes Registration Type New Annual Application Renewal Vehicle Storage Facility (VSF) $250 $250 Vehicle Storage Facility $75 $75 Employee

Overview: A Vehicle Storage Facility (VSF) is a garage, parking lot, or other facility owned or operated by a person other than a governmental entity for storing or parking 10 or more vehicles per year without the consent of the vehicle owner. All fees charged by VSFs are regulated by TDLR (see VSF storage fees on back of this page). In addition to these, a VSF can collect the fees charged by the towing company. VSFs and their employees must be licensed. Someone licensed as a tow truck operator may also work at a VSF. All licensed operators are subject to a criminal background check.

VSFs must accept cash, debit cards, and credit cards for payment. Before releasing a vehicle, the VSF must be paid all fees associated with delivery and storage of the vehicle. Acceptable documents to release the vehicle include a valid state or federally issued I.D. (the identification can be from another country such as Mexico) and one of the following: ● Notarized power-of-attorney; ● Court order; ● Certificate of title; ● Tax collector’s receipt with vehicle registration renewal card accompanied by a conforming identification; ● Name and address information corresponding to that contained in the files of the Texas Department of Motor Vehicles; ● Current automobile lease or rental agreement executed by the operator of the vehicle or a person holding a power of attorney

executed by the person named in the lease agreement; ● Appropriate identification of any state or federal law enforcement agency representative; ● Most recent version of a TDLR-approved form or electronic version of a TDLR-approved form published on TDLR’s website, www. tdlr.texas.gov; which the VSF must make available to the vehicle owner or person seeking possession of or access to the vehicle; or ● Proof of financial responsibility (insurance card) as an additional form of identification that establishes ownership or right of possession or control of the vehicle.

If a VSF receives any one of these items, in addition to the valid state or federally issued ID, and receives payment of all fees, they must release the vehicle. The VSF must accept a vehicle title as an instrument of release even if the person presenting the title is not the person whose name appears on the front or back of the title.

Anyone claiming to be the owner or operator of a vehicle can have access to the property in a vehicle in order to obtain documentation that can be used to prove they have the right to get the vehicle released to them. Anyone who can demonstrate that they are the owner or have a right to possess the vehicle, or are an authorized representative of the owner, may obtain possessions out of the vehicle. A VSF may not charge to get possessions out of the vehicle for a vehicle stored without the owner’s consent.

VEHICLE STORAGE FACILITIES AT A GLANCE

VSF Storage Fees

Daily Storage for Vehicles 25 Feet Long or Less Daily Storage for Vehicles Over 25 Feet Long

Amount

$20.64/day. No more than $25/day $36.11/day One-time Impoundment Fee $20.64 One-time Fee for All Notices to Owners and Lienholders $50 Governmental Entity Fee (if applicable) Depends on jurisdiction

The Towing and Storage Advisory Board has 8 members serving 6-year terms, which includes:

● one representative of a towing company operating in a county with a population of less than one million; ● one representative of a towing company operating in a county with a population of one million or more; ● one representative of a vehicle storage facility located in a county with a population of less than one million; ● one representative of a vehicle storage facility located in a county with a population of one million or more; ● one parking facility representative; ● one peace officer from a county with a population of less than one million; ● one peace officer from a county with a population of one million or more; ● one representative of a member insurer, as defined by Section 462.004, Insurance Code, of the Texas Property and Casualty Insurance

Guaranty Association who writes automobile insurance in this state; and ● one person who operates both a towing company and a vehicle storage facility.