GENERAL PROVISIONS.

Austin City Code tit. 13, ch. 13-6, art. 1

in effect

Austin City Code § 13-6-1 ADMINISTRATION.

§ 13-6-1 - ADMINISTRATION. (A) The police chief shall administer and enforce this chapter. (B) The police chief shall adopt rules for the administration and enforcement of this chapter. The rules must be reasonably designed to promote public health and safety and ensure that: (1) towing companies and tow truck drivers are able to perform their responsibilities under this chapter and carry adequate liability insurance; (2) the police chief is able to determine the correct identity and qualifications of individuals licensed under this chapter; (3) towing companies responding to the scene of an accident respond reasonably promptly; (4) tow trucks responding to an accident scene have the appropriate capabilities to deal with damaged vehicles at the scene; and (5) tow trucks are operated in a safe and efficient manner. (C) The police chief may contract with a qualified vendor to administer tow truck responses to accident scenes, traffic incident management, and police authorized impoundment of vehicles. If a contract delegates authority to a vendor, the police chief shall adopt rules that specify the authority and responsibility of the vendor, and the responsibilities of tow truck companies, tow truck drivers, and vehicle storage facilities. Source: 1992 Code Section 8-14-1; Ord. 031106-13; Ord. 031211-11; Ord. 20060608-019; Ord. No. 20150521-005, Pt. 1, 6-1-15.

Austin City Code § 13-6-2 COMPLIANCE REQUIRED.

§ 13-6-2 - COMPLIANCE REQUIRED. (A) A person commits an offense if the person: (1) performs an act prohibited by this chapter; (2) fails to perform an act required by this chapter; or (3) violates a rule adopted under this chapter. (B) A violation of this chapter is a Class C misdemeanor. (C) Proof of a mental state is not required for the prosecution of a violation of this chapter. (D) An exception to an offense under this chapter may be used as an affirmative defense. Source: 1992 Code Sections 8-14-2 and 8-14-132; Ord. 031106-13; Ord. 031211-11; Ord. 20060608-019.

Austin City Code § 13-6-3 GOVERNMENTAL ENTITIES EXCLUDED.

§ 13-6-3 - GOVERNMENTAL ENTITIES EXCLUDED. This chapter does not apply to towing that is performed by a governmental entity. Source: 1992 Code Section 8-14-126; Ord. 031106-13; Ord. 031211-11.

Austin City Code § 13-6-4 DEFINITIONS.

§ 13-6-4 - DEFINITIONS. In this chapter: (1) CONSENT TOW means a tow of a motor vehicle initiated by the owner or operator of the vehicle or by a person who has possession, custody, or control of the vehicle. The term does not include a tow of a motor vehicle initiated by a peace officer investigating a traffic accident or a traffic incident that involves the vehicle. (2) DEPARTMENT means the Police Department. (3) MANUFACTURER'S CERTIFICATE means a plate permanently affixed to either a truck or towing equipment by the manufacturer which states the truck or equipment's gross poundage capacity. (4) NON-CONSENT TOW means a tow that is not a consent tow. (5) TOW TRUCK means a motor vehicle, including a wrecker, equipped with a mechanical device used to tow, winch, or otherwise move another motor vehicle. (6) TOWING COMPANY means a person operating a tow truck registered under Chapter 643 (Motor Carrier Registration) of the Texas Transportation Code and includes the owner, operator, employee, or agent of a towing company, but does not include a political subdivision of the state. (7) VEHICLE STORAGE FACILITY means a garage, parking lot, or other facility that is owned by a person other than a governmental entity, and is used to store or park at least 10 vehicles each year. Source: 1992 Code Section 8-14-127; Ord. 031106-13; Ord. 031211-11; Ord. 20060608-019.

Austin City Code § 13-6-5 FEES.

§ 13-6-5 - FEES. The council shall establish a fee required or authorized under this chapter by separate ordinance. Source: 1992 Code Section 8-14-129(A); Ord. 031106-13; Ord. 031211-11.

Austin City Code § 13-6-6 PROHIBITED CHARGES FOR NON-CONSENT TOWS.

§ 13-6-6 - PROHIBITED CHARGES FOR NON-CONSENT TOWS. A person may not charge or attempt to charge a fee related to non-consent towing under this chapter: (1) in excess of the fee established by ordinance; (2) for a service not performed or equipment not used; or (3) that is not authorized by ordinance. Source: 1992 Code Section 8-14-129 (B); Ord. 031106-13; Ord. 031211-11; Ord. 20060608-019.

Austin City Code § 13-6-7 COMPLIANCE WITH STATE LAW.

§ 13-6-7 - COMPLIANCE WITH STATE LAW. (A) A towing company shall comply with all applicable state laws related to towing. (B) A towing company that violates a state law related to towing commits an offense under this chapter. Source: 1992 Code Section 8-14-130; Ord. 031106-13; Ord. 031211-11.

Austin City Code § 13-6-8 RULES.

§ 13-6-8 - RULES. The police chief shall prescribe rules necessary to administer this chapter, under the procedure prescribed in Chapter 1-2 (Adoption of Rules). Source: 1992 Code Sections 8-14-128 (E), 8-14-171(C), 8-14-214(4), and 8-14-252; Ord. 031106-13; Ord. 031211-11; Ord. 20060608-019.

Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT13TRSE_CH13-6VETOSE_ART1GEPRFetched: 10/27/2026