Operational Rules and Regulations and Tow Agreements

Houston Code of Ordinances ch. 8, art. III, div. 2, subpt. A

in effect

Houston Code of Ordinances § 8-111 Auto wrecker requirements.

Sec. 8-111. - Auto wrecker requirements. (a) State registration required. Any auto wrecker that is used to perform any nonconsent tow shall be registered as a tow truck under applicable provisions of state law, including, without limitation, Chapter 2308 of the Texas Occupations Code. (b) City registration required. Any auto wrecker that is used to perform any nonconsent tow on private property in the city must be registered with the police department, regardless of whether the owner of the auto wrecker has a place of business in the city. (c) Application for city registration. A tow operator may apply to the police department for registration of an auto wrecker by i) submitting a completed application on a form promulgated by the police chief; ii) paying the fee stated for this provision in the city fee schedule per auto wrecker to the police department; iii) providing verification that the auto wrecker is equipped to tow light-duty or heavy-duty motor vehicles according to the manufacturer's guidelines; and (iv) providing proof of insurance that meets the requirements of § 86.400 of Title 16 of the Texas Administrative Code. (d) Inspection; proof of registration. Upon receipt of an application, the police department will inspect the auto wrecker to determine compliance with the requirements of subsection (d) of this section and, if the auto wrecker is found in compliance, shall issue proof of registration to the applicant. The proof of registration (a medallion) shall be attached to the auto wrecker for which it is issued, at the place on the vehicle designated by the police chief. It shall be unlawful for any person to drive or operate an auto wrecker without the proof of registration being so attached. (e) Requirements for city registration. (1) Each tow operator must meet the signage, safety equipment, safety clothing, and identification requirements of §§ 86.701, 86.1000, and 86.1001 of Title 16 of the Texas Administrative Code. (2) Each auto wrecker shall meet the following minimum requirements: a. Except for heavy duty wreckers, the auto wrecker's chassis cab shall be rated at no less than one ton by the manufacturer and will be equipped by the manufacturer with dual wheels and tires at each end of the rear axle; b. The auto wrecker at all times shall carry tow lights with appropriate cable (unless wireless) and cushions to protect a vehicle's finish; and c. The auto wrecker at all times shall be equipped with safety (mud) flaps with the bottom edge of the mud flap no more than eight inches from the surface of the road. (f) Renewal of registration. The registration for each auto wrecker that is used to perform non-consent tows subject to this section shall be renewed annually by payment of the fee stated for this provision in the city fee schedule to the police department, which shall verify that the auto wrecker is still in compliance with this section. (g) Replacement medallion. In the event a wrecker medallion is lost or stolen, the tow operator shall file a completed police department offense report and pay the medallion replacement fee stated in the city fee schedule to the police department for each replacement medallion. (h) Medallion transfer. In the event a tow operator wishes to transfer an auto wrecker to another towing zone, the tow operator shall pay the police department the medallion transfer fee stated in the city fee schedule for each medallion transferred. (Ord. No. 04-497, § 3, 5-26-04; Ord. No. 2011-1012, § 3, 11-30-2011, eff. 1-1-2012; Ord. No. 2011-1168, § 13, 12-14-2011; Ord. No. 2013-1159, §§ 3, 4, 12-11-2013; Ord. No. 2014-482, § 4, 5-28-2014; Ord. No. 2021-753, § 4, 9-1-2021)

Houston Code of Ordinances § 8-112 State licensing of wrecker drivers.

Sec. 8-112. - State licensing of wrecker drivers. Auto wreckers shall be operated by persons who hold the type of state driver license that is required for their auto wrecker, as applicable. (Ord. No. 04-497, § 3, 5-26-04)

Houston Code of Ordinances § 8-113 Information to be furnished owner of vehicle who requests towing at a police scene.

Sec. 8-113. - Information to be furnished owner of vehicle who requests towing at a police scene. (a) No wrecker driver shall accept a motor vehicle to be towed with the vehicle owner's consent from a police scene unless he has informed the vehicle owner of the following: (1) The exact fee to be charged for the towing and any terms applicable to its payment, including the forms of payment that will be accepted and the time when payment will be due; (2) The name, business address and phone number of the auto wrecker company that will tow the vehicle; (3) The legibly printed name and state driver license number of the wrecker driver; (4) The state license plate number of the auto wrecker being used for the tow; (5) The location to which the vehicle will be towed; and (6) A complete description of the vehicle towed, including the license plate number and vehicle identification number. (b) The information required above shall be provided in the form of a written wrecker slip. The wrecker driver shall provide a copy of the wrecker slip to the law enforcement officer in charge of the police scene and shall also provide a copy of the wrecker slip to the vehicle owner. (Ord. No. 04-497, § 3, 5-26-04)

Houston Code of Ordinances § 8-114 Notice to vehicle owner or police when vehicle is not towed to place designated by vehicle owner.

Sec. 8-114. - Notice to vehicle owner or police when vehicle is not towed to place designated by vehicle owner. If a wrecker driver has accepted a motor vehicle to be towed to a place designated by the vehicle owner, but is unable to deliver the vehicle to the place so designated, he shall inform the vehicle owner immediately as to the reasons why the vehicle was not taken to the place agreed and where the vehicle was taken. If the wrecker driver is unable to so notify the vehicle owner, he shall notify the police department immediately and shall send or cause to be sent notification to the vehicle owner by certified mail, return receipt requested, within 48 hours of the time the vehicle was towed; provided, however, if it is impossible to send such certified mail within 48 hours due to a federal holiday occurring on a Monday, such notice shall be mailed within two hours of the time the post office reopens after the holidays. (Ord. No. 04-497, § 3, 5-26-04)

Houston Code of Ordinances § 8-115 When towing from public property authorized.

Sec. 8-115. - When towing from public property authorized. No person shall tow, carry or transport any motor vehicle without the consent of the vehicle owner from any public street, alley, road, right-of-way, or park except under the direction and authority of a law enforcement officer acting in his official capacity or a parking compliance officer or personnel designated by the police chief acting pursuant to section 26-298 of this Code. (Ord. No. 04-497, § 3, 5-26-04; Ord. No. 09-1135, § 4, 11-18-09; Ord. No. 2019-1015, § 31, 12-11-2019)

Houston Code of Ordinances § 8-116 Wrecker slip for towing vehicle under direction of law enforcement officer.

Sec. 8-116. - Wrecker slip for towing vehicle under direction of law enforcement officer. (a) Except as otherwise provided in subsection (c) of this section, no person shall tow, carry or transport a motor vehicle under the direction or authority of a law enforcement officer, parking compliance officer or personnel designated by the police chief unless a wrecker slip has been issued to the wrecker driver by the officer. Such wrecker slip shall be filled out by the law enforcement officer, parking compliance officer or personnel designated by the police chief on a form designated by the chief of police. The wrecker slip shall contain the following information: (1) A complete description of the vehicle to be towed, including the license plate number and the vehicle identification number; (2) Any visible damage to the inside or outside of the vehicle; (3) Any personal property contained within the vehicle that is visible from outside that vehicle; (4) Any visible missing parts or paraphernalia; (5) The location from which the vehicle is being towed; (6) The date and time the vehicle is picked up by the auto wrecker; (7) The reason the vehicle is being towed; (8) The police private storage lot or other police designated location to which the vehicle is to be towed; (9) The state license plate number of the auto wrecker being used for the tow; (10) The signature and employee number of the law enforcement officer, parking compliance officer or personnel designated by the police chief authorizing the tow; and (11) The signature, legibly printed name, and state driver license number of the wrecker driver. (b) The wrecker driver signing the wrecker slip shall be responsible to account for the vehicle at all times until the vehicle has been accepted by an agent of the destination set out in the wrecker slip. No fee shall be charged for towing any vehicle under the direction and authority of a law enforcement officer, parking compliance officer or personnel designated by the police chief unless the wrecker driver has obtained a completed wrecker slip. The wrecker driver shall cause the vehicle to be delivered without delay to the location designated on the wrecker slip and may not redirect the vehicle to another destination unless: (1) Authorization has been obtained from the operator of the police private storage lot specified on the wrecker slip on a form specified by the police department to take the vehicle to another police private storage lot and the form is delivered to the police private storage lot accepting the vehicle for storage along with the original wrecker slip; or (2) Verbal authorization has been given by a supervisor in the auto dealers detail of the police department and noted on the wrecker slip. (c) In accordance with orders established by the chief of police for that purpose, the signature and employee number of the authorizing officer as required in this section may be affixed to the wrecker slip by the wrecker driver by facsimile. The provisions of this authorization shall be limited to circumstances where the authorizing officer is not present at the police scene but is able to view the police scene from a remote location by televised link and/or able to communicate with the wrecker driver by telephone or radio. (Ord. No. 04-497, § 3, 5-26-04; Ord. No. 09-1135, § 5, 11-18-09; Ord. No. 2019-1015, § 31, 12-11-2019)

Houston Code of Ordinances § 8-117 Nonconsent tow regulations.

Sec. 8-117. - Nonconsent tow regulations. (a) A person who performs a nonconsent tow in the city may not operate or permit another person to operate an auto wrecker on a public roadway in the city unless the person has a current wrecker driver license issued by the city. (b) A private storage lot owned or used by a towing company to store a motor vehicle subject to a nonconsent tow must be located within the city limits. (c) A towing company that performs a nonconsent tow of a motor vehicle: (1) Shall immediately tow the motor vehicle to a private storage lot located within the city limits; and (2) May not unload the towed motor vehicle at a place other than the private storage lot. (d) Notwithstanding the foregoing, a towing company that performs a nonconsent tow of a motor vehicle may unload a motor vehicle at a place other than its private storage lot only: (1) If safety reasons or mechanical breakdown require the transfer of the motor vehicle to another tow truck; (2) To transfer the motor vehicle to another tow truck, within 100 feet of the private property, if the original tow truck is the company's only available truck that is capable of entering the property and removing a motor vehicle, and the original truck is needed immediately for additional towing; or (3) The towing company agrees to take the motor vehicle to a location designated by the vehicle owner, provided that, in the event of a police-authorized tow, if the motor vehicle is unloaded at a location that is more than twenty miles from the site of the tow, the vehicle owner shall pay the towing company a mileage fee, in addition to the service charge for the tow established pursuant to section 8-123. A mileage fee assessed under this subsection shall be calculated by multiplying the number of miles in excess of twenty miles by an amount that is not greater than two percent of the applicable service charge for the tow. (e) A towing company that transfers a motor vehicle to another tow truck pursuant to subsection (d)(1) or (d)(2) may not charge an additional fee for the transfer. (f) Once a law enforcement officer has authorized a tow under this section, the wrecker slip has been signed and the services commenced, the services shall remain nonconsent towing services under the auspices of the authorizing agency and may not be changed to a consent tow. (Ord. No. 04-497, § 3, 5-26-04; Ord. No. 09-1135, § 6, 11-18-09; Ord. No. 09-1347, § 2, 12-16-09; Ord. No. 2011-1012, § 4, 11-30-2011, eff. 1-1-2012; Ord. No. 2014-482, § 5, 5-28-2014)

Houston Code of Ordinances § 8-118 Parking at police scenes.

Sec. 8-118. - Parking at police scenes. Whenever a person operating an auto wrecker or other vehicle arrives at a police scene, the driver shall park his vehicle as close to the street curb as possible and in such a manner as not to interfere with traffic. He shall not park his vehicle within a distance of 100 feet from a wrecked or stalled vehicle. It is a defense to prosecution under this section that the vehicle is operated by a law enforcement officer or is parked as directed by a law enforcement officer at the scene. No wrecker driver shall stop or park or allow his auto wrecker to remain stopped or parked at a police scene if the number of auto wreckers already present at the scene equals the number of wrecked or stalled vehicles; provided, that no more than two additional auto wreckers may remain at a police scene when no law enforcement officer is present. It is an affirmative defense to prosecution that a law enforcement officer was present and in control of the police scene at the time that the wrecker driver arrived and had called the wrecker driver to the police scene or had asked the wrecker driver to cause his auto wrecker to remain at the scene. (Ord. No. 04-497, § 3, 5-26-04; Ord. No. 05-1271, § 4, 9-22-05; Ord. No. 2011-1012, § 5, 11-30-2011, eff. 1-1-2012)

Houston Code of Ordinances § 8-119 Igniting matches, etc., or smoking at scene of accident.

Sec. 8-119. - Igniting matches, etc., or smoking at scene of accident. It shall be unlawful for any person to ignite a match, lighter or any other flammable object within a distance of 50 feet in any direction from the location of a vehicular accident. It shall further be unlawful for any person to enter into such area with a lighted cigarette, cigar, pipe or other burning material. (Ord. No. 04-497, § 3, 5-26-04)

Houston Code of Ordinances § 8-120 V.I.N. inspection; transport authorization.

Sec. 8-120. - V.I.N. inspection; transport authorization. (a) It shall be unlawful for any wrecker driver to attach or cause or permit any auto wrecker to be attached to any motor vehicle without first personally inspecting the manufacturer's permanent vehicle identification number affixed to the motor vehicle to be transported. (b) It shall be unlawful for any wrecker driver to attach or cause or permit any auto wrecker to be attached to any motor vehicle on which the manufacturer's permanent vehicle identification number has been removed or is not permanently affixed or is not clearly legible or that, upon visual examination of the manufacturer's permanent vehicle identification number, shows any evidence whatsoever of its possibly having been changed, altered or obliterated in whole or in part. (c) It is a defense to prosecution under subsection (a) or (b) that the wrecker driver obtained, prior to attaching or causing or permitting the auto wrecker to be attached to the transporting vehicle and retained in his possession at all times while transporting the vehicle, a legible written authorization for the transport of the vehicle issued by a law enforcement officer, parking compliance officer or personnel designated by the police chief setting forth: (1) The printed name, signature and badge number, if applicable, of the law enforcement officer, parking compliance officer or personnel designated by the police chief; (2) The state license plate number of the auto wrecker; (3) The printed name and signature of the wrecker driver; (4) A description of the transported vehicle; (5) The place to which the transported vehicle is authorized to be towed; and (6) The date upon which the tow is authorized to be conducted. The aforesaid police or parking compliance transport authorization shall be required in addition to any other authorization required by law for the transportation of the vehicle, and the possession of a wrecker slip issued under section 8-116 of this Code shall not constitute a defense under this subsection. An authorization issued under this subsection shall only be a defense for the transport of the vehicle designated thereon by the wrecker driver and auto wrecker identified thereon to the place designated thereon on the date authorized thereon. (Ord. No. 04-497, § 3, 5-26-04; Ord. No. 09-1135, § 7, 11-18-09; Ord. No. 2019-1015, § 31, 12-11-2019)

Houston Code of Ordinances § 8-121 Removal of or tampering with vehicles at police scene without consent of vehicle driver or before police investigation completed.

Sec. 8-121. - Removal of or tampering with vehicles at police scene without consent of vehicle driver or before police investigation completed. (a) No wrecker driver shall remove any vehicle that is involved in a police scene and requires towing or attach his auto wrecker to such a vehicle until a law enforcement officer responsible for the police scene authorizes the moving of the vehicle. (b) The fact that no law enforcement officer is present at a police scene when an auto wrecker arrives shall not constitute an exception to this section, and it shall be the duty of any vehicle owner desiring to tow or haul any vehicle from the police scene to cause the police department of the city to be notified and to await the arrival of a law enforcement officer and the completion of his investigation. (c) Taking into consideration the location of the vehicle insofar as it may obstruct traffic, traffic conditions, and related factors of traffic management, law enforcement officers shall afford any vehicle owner who is present at a police scene and is able and willing to do so a reasonable time to make arrangements with a wrecker driver of his choice for a consent tow. However, in the event that the vehicle owner of a vehicle involved in a police scene is not present or is incapable of making or unwilling to make his own arrangements with a wrecker driver to remove the vehicle within a reasonable time, the investigating law enforcement officer shall give such orders as may be necessary to remove the vehicle from the street through a police-authorized tow. (d) The provisions of this section shall not apply to vehicles detained for police investigation or other purposes as authorized by state and federal law, which may be removed by police department auto wreckers or as otherwise directed by the law enforcement officer in charge of the police scene, to vehicles towed from residential parking permit areas pursuant to section 26-298 of this Code, or to tows on freeways conducted pursuant to section 8-127 of this Code. (Ord. No. 04-497, § 3, 5-26-04; Ord. No. 05-1271, § 5, 9-22-05; Ord. No. 09-1135, § 8, 11-18-09)

Houston Code of Ordinances § 8-122 Debris glass, etc., at accident scenes.

Sec. 8-122. - Debris glass, etc., at accident scenes. Where vehicles to be towed have been involved in an accident, it is the responsibility of the vehicle owners for consent tows or the persons authorizing the tow for nonconsent tows to ensure that any glass or other debris or parts are removed from the scene of the accident. The owner or person authorizing the tow may perform the work or cause the work to be performed by another person, including but not limited to the wrecker drivers performing the tows of the affected vehicles. The fees established in section 8-123 of this Code for the nonconsent tows are inclusive of glass, parts, and debris cleanup and removal for services other than tows requiring heavy-duty wreckers. For consent tows, any additional service fees for those services shall be disclosed on the wrecker slip provided under section 8-113 of this Code. This section shall not apply to the towing of vehicles under section 8-127 of this Code. (Ord. No. 04-497, § 3, 5-26-04)

Houston Code of Ordinances § 8-123 Towing charges.

Sec. 8-123. - Towing charges. (a) For purposes of this section, the phrase 'without the consent of the vehicle owner' applies to all nonconsent tows. (b) Whenever a vehicle is towed without consent of the vehicle owner, the service charge for a tow not requiring the use of a heavy-duty wrecker shall not exceed the amount established pursuant to subsection (d). This charge shall be applicable whether the vehicle is to be towed from public or private property. (c) Whenever a vehicle is towed without consent of the vehicle owner, and the use of a heavy-duty wrecker is required due to the size or condition of the motor vehicle, the fee for the tow shall be no more than the amount per hour established pursuant to subsection (d) with a minimum charge of two hours to be assessed without regard to the actual time expended. The hourly rate shall be determined by starting the time charges when the heavy-duty wrecker leaves to report to the police scene and shall be stopped when the actual towing job is completed. The time going to the police scene may be included in the charges, but the time used to return shall not be included in the charges. The hourly rate established pursuant to subsection (d) does not apply to recovery services, a fee for which may also be reasonably imposed. The law enforcement officer in charge of a police scene shall have authority to summon a heavy-duty wrecker when in his opinion such equipment is required. The vehicle owner of the vehicle whose car is serviced by a heavy-duty wrecker called by the investigating officer shall be responsible for any and all charges that result from such heavy-duty wrecker service. (d) The rates referred to in subsections (b) and (c), above, shall be established in accordance with the following process: (1) A rate review for auto wreckers, including heavy-duty wreckers, may be initiated by request of any tow operator that performs nonconsent tows in the city. Any such request must be made in writing to the director of administrative and regulatory affairs. Upon receipt of a request for a rate review, the director shall prepare an estimate of the administrative cost of the rate review, and if the tow operator determines to proceed with the rate review, the tow operator shall submit a cashier's check to the director in an amount equal to the estimated administrative cost. The rate review shall be conducted in accordance with procedures established for that purpose by the director. Without limitation, the director may select a representative group of auto wrecker owners and request that they provide verified financial data and vehicle-operating data regarding their operating costs and return on investment for use as a basis in conducting the review. Following receipt and review of the required data, the director shall make a recommendation to city council whether any rate change is justified, and, if so, the amount of the recommended increase or decrease. If a rate change is recommended to the city council, then the city council or a committee of city council shall conduct a hearing before adopting any increase or decrease. The increase or decrease may be adopted by motion and shall be effective on the first day of the next calendar year. (2) Except for years in which a rate adjustment adopted by city council under item (1) will take effect, the director shall adjust the rates effective January 1 of each year, based upon a weighted blend of the following indices with one-half attributed to the percentage increase or decrease in the Consumer Price Index, All Urban Consumers, All Items, United States average, and one-sixth each attributed to the percentage increase or decrease in: a. Consumer Price Index, All Urban Customers (CPI-U), U.S. City Average, Motor Vehicle Maintenance & Repair; b. Consumer Price Index, All Urban Customers (CPI-U), U.S. City Average, Vehicle Insurance; and c. Consumer Price Index, All Urban Customers (CPI-U), Houston-Galveston-Brazoria Average, Gasoline; all as published by the U. S. Department of Labor. The adjustment shall be based upon the most current data available on November 15, shall be rounded to the nearest increment of $0.50 cents and shall be effective on the following January 1. Notice of the adjusted rates shall be published one time in a daily newspaper of general circulation within the city and filed in the city secretary's office on or about December 1. The director may establish and promulgate regulations relating to the adjustment process. (e) When a vehicle is received by a storage lot and fees are collected, an additional fee stated for this provision in the city fee schedule shall be collected and remitted to the police department regardless of the origin of the tow to defray the costs of enforcement of complaints related to the towing and storage of a vehicle without the consent of the vehicle owner. The time and method of remittance of the additional fee prescribed in this subsection shall be established by the police department so as to make the transfer of funds as close to the date and time of the release of the vehicle from the storage as is practical or possible. The time and method of remittance may include the electronic transfer of funds at the time of the release of the vehicle or at a later time as specified by the police department. This subsection does not apply to a vehicle submitted for auction. (f) If the vehicle owner is present when an auto wrecker is attempting to tow a vehicle, and the vehicle owner does not desire the vehicle to be towed, no charge shall be made, and the vehicle owner shall be allowed to take possession of the vehicle if the vehicle has not been hooked up by the auto wrecker. If the motor vehicle has been lawfully hooked up to the auto wrecker, but not towed from the scene, the vehicle shall be released to the vehicle owner upon payment of one-half the regular auto wrecker fee. This section shall not apply where the vehicle owner is unable to remove the vehicle from the scene immediately if the vehicle were released to the vehicle owner. (g) The towing of a vehicle and a trailer being towed by the vehicle shall constitute two separate tows and shall require the removal of both the vehicle and the trailer to the same licensed storage facility, unless otherwise authorized by a law enforcement officer. (Ord. No. 04-497, § 3, 5-26-04; Ord. No. 05-1271, § 6, 9-22-05; Ord. No. 08-52, § 34, 1-16-08, eff. 1-26-08; Ord. No. 09-631, § 2, 6-30-09; Ord. No. 2010-1016, § 2, 12-15-2010; Ord. No. 2011-1012, § 6, 11-30-2011, eff. 1-1-2012; Ord. No. 2011-1168, § 13, 12-14-2011; Ord. No. 2021-753, § 5, 9-1-2021)

Houston Code of Ordinances § 8-124 Oral report to police of tows authorized by persons other than vehicle owner.

Sec. 8-124. - Oral report to police of tows authorized by persons other than vehicle owner. Whenever a wrecker driver is authorized to pick up and tow any vehicle when such authorization was given by someone other than the vehicle owner, the wrecker driver shall make an oral or electronic report to the police department within one hour of the time the vehicle was picked up. An electronic report shall be filed using an authorized electronic reporting system implemented by the police department. In an oral report the wrecker driver shall inform the police department of the license plate number of the vehicle towed, its vehicle identification number, the location from which the vehicle was towed, the date and time the vehicle was towed, and the location to which the vehicle was towed. This section shall not apply when the vehicle was towed pursuant to authorization by a city police officer, a parking compliance officer or personnel designated by the police chief acting pursuant to section 26-298 of this Code and the wrecker driver has signed the copy of the wrecker slip retained by the city police department. (Ord. No. 04-497, § 3, 5-26-04; Ord. No. 09-631, § 3, 6-30-09; Ord. No. 09-1135, § 9, 11-18-09; Ord. No. 2019-1015, § 31, 12-11-2019)

Houston Code of Ordinances § 8-125 Reports to police of towing pursuant to lienholder's request.

Sec. 8-125. - Reports to police of towing pursuant to lienholder's request. (a) Whenever any person tows, carries, transports or otherwise takes a motor vehicle pursuant to a request by a lienholder incident to a lawful repossession, the person so taking the vehicle who does not file an authorized electronic report shall make a verbal report to the police department within one hour of the time of picking up the vehicle, which shall include the following information: (1) The license plate number of the repossessed motor vehicle; (2) The vehicle identification number of the repossessed motor vehicle; (3) The year, make, model and color of the repossessed motor vehicle; (4) The name, address and telephone number of the lienholder who requested the taking of the vehicle; (5) The state license plate number of the auto wrecker used, and the name and Texas driver license number of the wrecker driver; (6) The location from which the vehicle was towed, the date and time that the vehicle was picked up and the name, street address and telephone number of the place to which the vehicle was taken for storage. (b) Within 72 hours of the time of picking up the vehicle the person shall also mail or deliver to the police department a written report of the repossession, including: (1) The information specified above; (2) The reporting number assigned by the police department by telephone at the time the oral report was made as required above; and (3) A copy of the court order or other legal document(s) that authorized the repossession. (c) The chief of police shall designate a telephone number for the filing of oral reports under this section and an address for the filing of written reports under this section. The chief of police may also promulgate a form to be used for the filing of the written reports. (Ord. No. 04-497, § 3, 5-26-04; Ord. No. 09-631, § 4, 6-30-09)

Houston Code of Ordinances § 8-126 Police-authorized tow service agreement (PATSA).

Sec. 8-126. - Police-authorized tow service agreement (PATSA). (a) The police chief may execute agreements for the mayor and on behalf of the city with persons to perform police-authorized tows. The right to enter into such agreements shall be extended on a uniform basis to all eligible persons. (b) The police chief may refuse to enter into an agreement hereunder if the tow operator (including partners if a partnership and stockholders if a corporation) or any employee has had an agreement terminated for cause within the preceding period of five years. The police chief may require an affidavit and the furnishing of business records to demonstrate compliance with the foregoing provision. The foregoing provision shall apply to PATSAs that are not renewed or are terminated by the tow operator under threat of termination for cause in the same manner as to those that have actually been terminated for cause. In addition, the police chief may refuse to enter into a PATSA with individuals (or associated entities) who have a history of complaints with any government agency that demonstrate a pattern of negative behavior and an unwillingness to take corrective action when notified. This includes suspensions and license or contract revocations. The police chief may consider the applicant's history of complaints or infractions with any governing body concerning the towing of vehicles without the vehicle owner's consent when determining whether to execute a PATSA. (b-1) Auto wrecker requirements. Each auto wrecker that will be utilized under the terms of a PATSA shall: (1) Be registered with the city under a current PATSA. The police department shall inspect the auto wrecker and if it is found in compliance, shall issue proof of registration (a medallion) that shall be attached to the auto wrecker in the same manner as provided in section 8-111(e); registration under this section shall also serve as registration for private property tows; (2) Have a mounted light bar that conforms to the requirements of Chapter 547 of the Texas Transportation Code; (3) Be equipped with wheel dollies, except on heavy duty wreckers and rollback type trucks; and (4) Carry at all times: a. Warning devices for stopped vehicles consisting of: [1] Three flares, each of which shall be capable of being seen at a distance of not less than 600 feet under normal conditions at nighttime, or [2] Three emergency reflective triangles that conform to the requirements of Federal Motor Vehicle Safety Standard No. 125; b. A push broom with a handle of not less than 36 inches and a head of not less than 18 inches; c. No less than five gallons of dry sand or other absorbent that is at least as effective as sand in absorbing liquid; d. A container to carry glass and debris cleaned from the roadway when picking up a wrecked vehicle; e. A shovel with a flat edge of not less than nine inches and a handle of not less than 36 inches; f. A wrecking bar of not less than 36 inches in length, with a wedge-shaped head; and g. At least one ten pound fire extinguisher or two five pound multiple purpose fire extinguishers, in good working condition. (b-2) Wrecker driver requirements. Tow operators shall require their wrecker drivers who will drive auto wreckers under the terms of a PATSA to wear: (1) A Class 3, Level 2 reflective vest, shirt, or jacket meeting the ANSI/ISEA requirements for high visibility safety apparel at all times while working outside of the auto wrecker; (2) Closed toe shoes; and (3) A vest or shirt displaying, on the front of the shirt or vest, the name of the tow operator as it is registered with the city. (b-3) Wrecker driver trainees. Tow operators operating pursuant to a current and valid PATSA may utilize wrecker driver trainees to provide recovery services and assistance to wrecker drivers. Wrecker driver trainees shall be licensed in accordance with section 8-131 of this Code. (c) An annual agreement fee in the amount stated for this provision in the city fee schedule per covered auto wrecker shall be paid by the tow operator to the city for each agreement. A tow operator may add an additional auto wrecker to an agreement upon payment of the annual fee, which may be prorated. (d) Agreements under this section are not exclusive. The city shall not be precluded from using city-owned auto wreckers to perform police-authorized tows, such as for certain vehicles that are detained for criminal investigation needs, or from entering into other contracts and agreements, such as for towing of vehicles involved in parking violations. (e) The agreements shall conform to the following requirements and terms, which shall be incorporated therein by reference: (1) Each auto wrecker shall be allowed to perform police-authorized tows in only one 'zone,' which for purposes of the agreements shall mean one of the five service areas that are described and depicted in Exhibits A and B to Ordinance 84-560. Consistent with the foregoing requirement, the agreement shall include the following clause: "Operator shall choose one specific zone for each auto wrecker that is to be utilized by the Operator to perform police-authorized tows. Operator shall not allow an auto wrecker to tow any vehicle outside of the approved zone, except when authorized by the police department. No tow hereunder shall exceed a maximum distance of 20 miles unless the tow destination is located within the zone. Violation of this provision is grounds for revocation of this Agreement." (2) The PATSA shall include a clause setting forth the operator's obligation to obtain and maintain required insurance coverages and minimum insurance amounts in effect during the term of the agreement. The required insurance coverages and minimum insurance amounts shall be determined by the police chief in consultation with the director of the department of administration and regulatory affairs. (3) The agreement shall include the following clause regarding fee requirements: "The Operator shall charge no fees for servicing a police scene in excess of the fees authorized under city ordinance for vehicles towed without the consent of a vehicle owner. Further, the operator shall not obligate the owner of a vehicle removed from a police scene and placed in storage to pay any fees in excess of those authorized for a vehicle delivered to a state licensed vehicle storage facility without the consent of the vehicle owner. Under no circumstances will a vehicle owner be charged a fee of any type in excess of the fees applicable had the vehicle been towed without the vehicle owner's consent." (f) It shall be unlawful for the driver of any auto wrecker that is not then being operated under a current and valid PATSA to respond to a police scene or be or remain at a police scene if the police scene is not situated in the traffic management area (zone) for which the auto wrecker has been authorized under subsection 8-126(e)(1) of this Code. It is an affirmative defense to prosecution under this section that the driver of the auto wrecker was called to the police scene by the law enforcement officer in charge of the scene, a parking compliance officer or other personnel designated by the police chief or by a vehicle owner requiring towing services from the police scene. (g) Tow operators and auto wrecker drivers operating pursuant to a current and valid PATSA shall report the towing of vehicles via an authorized electronic reporting system implemented by the police department. (h) Every applicant for a PATSA shall make application therefor on an application form furnished by the police chief and prescribed by the automotive board, which application shall be signed and sworn to as herein provided and shall include, among other things, the following information respecting the applicant: (1) Trade name of each business that the applicant has engaged in during the five-year period preceding the filing of such application. (2) Address of the applicant's principal office or establishment in the city. (3) Whether the applicant has ever been arrested for, convicted of, or given deferred adjudication for an offense listed in section 1-10(a)(2) of this Code, and if a partnership, the answer shall be as to all members of the partnership, and if a corporation, shall be as to all officers of the corporation. (4) The name and mailing address of each owner or principal of the applicant and copies of the assumed-name registration if the business will be operated under an assumed name. (5) If the applicant is a corporation, a certificate of good standing from the Texas Secretary of State for a Texas domestic corporation or a certificate of authority to do business in Texas if a foreign corporation, along with the names and addresses of all officers and the corporation's registered agent in Texas. (6) If the applicant is a partnership, the partnership registration, if any, and the names and addresses of all the general partners. (7) Each applicant shall submit himself to be fingerprinted at a place designated by the police department. The application shall be signed by a) the owner if the applicant is a sole proprietorship or b) an authorized person if the applicant is a corporation or a general partnership. (i) If the application is by a corporation, the same shall be signed and sworn to by a duly authorized officer thereof, if by a partnership, then by one of the general partners therein, and if by an individual, then by such individual personally. (j) Such application, properly filled out and executed, shall be delivered by the applicant to the police chief or his duly authorized representative. (k) If the application is denied because of a conviction or deferred adjudication for an offense listed in section 1-10(a)(2) of this Code, the applicant shall have the right to appeal such denial to the automotive board under the terms and conditions provided for in section 8-57 of this Code, and the automotive board shall follow the procedure set forth in that section. (Ord. No. 04-497, § 3, 5-26-04; Ord. No. 05-1271, § 7, 9-22-05; Ord. No. 07-1040, § 1, 9-12-07; Ord. No. 09-631, § 5, 6-30-09; Ord. No. 2010-1016, § 2, 12-15-2010; Ord. No. 2011-1168, § 13, 12-14-2011; Ord. No. 2014-482, §§ 6—9, 5-28-2014; Ord. No. 2021-753, §§ 6—11, 9-1-2021)

Houston Code of Ordinances § 8-127 Tow and go—Freeway tow agreement.

Sec. 8-127. - Tow and go—Freeway tow agreement. On recommendation of the mayor and approval by the city council, the police chief may execute non-exclusive agreements on behalf of the city with any tow operator then holding a valid PATSA under section 8-126 of this Code to provide towing or emergency road service on freeways in the manner and according to specifications required by this Code and described in such agreements. Such agreements shall be in a form approved by the city attorney and shall provide, without limitation, the following: (1) That the tow operator shall remove wrecked or stalled vehicles from a designated segment of a freeway on a 24-hour basis and shall respond to the scene within the time designated in the agreement; (2) That the term of the agreement shall not exceed five years from date of execution unless terminated earlier as outlined in the agreement; (3) That the tow operator shall perform nonconsent tows from a freeway and remove all such vehicles to a licensed storage facility within the zone for the rate set forth in section 8-123 of this Code; (4) That the tow operator shall remove to the nearest place of safety a wrecked vehicle, regardless of location, or a stalled vehicle in a moving lane for the rate established under section 8-123 of this chapter; (5) That the tow operator shall tow a stalled vehicle located on a shoulder to a safe place off the freeway within one mile from the nearest freeway exit at the rate prescribed and subject to the conditions established in the agreement, provided, however, that if the vehicle owner is unable to pay the tow operator at the time of service, such vehicle shall be towed to the nearest licensed storage facility that is lighted and manned on a 24-hour basis, provides telephone and other access to the vehicle owner, and will not charge any storage-related fees for the first 48 hours; (6) That during the period each day from 10:00 p.m. to 6:00 a.m., the tow operator shall tow a stalled vehicle to a safe place in accordance with this contract. If there is no safe place, the vehicle shall be towed to the nearest licensed storage facility that is lighted and manned on a 24-hour basis, provides the vehicle owner with access to a telephone and other facilities, and will not charge any storage-related fees for the first 24 hours; (7) That the tow operator shall provide continuous coverage of its designated freeway segment, respond immediately to a call for assistance from a law enforcement officer, and patrol its segment as required by the agreement; (8) That the tow operator shall cooperate with all law enforcement and other public service employees responding to or present at a police scene; (9) That solicitation of business of any kind whatsoever at a police scene is prohibited; (10) That the tow operator shall not employ any wrecker driver who does not meet the requirements of this Code relating to towing of vehicles and any current and valid PATSA; (11) That, except as otherwise provided in this chapter, the tow operator shall respond to a police scene with no more towing capacity than necessary, based on the number of wrecked or stalled vehicles at the scene, to minimize hazards and traffic obstructions within the time designated in the agreement and will expeditiously remove from the freeway any wrecked or stalled vehicle, debris, and other traffic impediment; (12) That any failure by the tow operator to timely respond to a call for assistance shall authorize an incident management supervisor or a law enforcement officer at a police scene who has determined that public emergency then exists to direct any PATSA auto wrecker to remove any wrecked or stalled vehicle, debris, or other traffic hazard or impediment; (13) That emergency road service shall consist of providing towing, gasoline, tire changing, or other services as designated in the agreement; (14) That the police chief is authorized, upon a determination of a public emergency or when required in the interest of public safety, to direct the tow operator to direct its patrol activities to specific times and/or portions of the tow operator's freeway segment; (15) That the tow operator shall report any wrecked or stalled vehicle or other hazardous road condition to the police department and remain at the scene until a law enforcement officer arrives or he receives authorization to remove the hazardous condition; (16) That authorization to remove a wrecked or stalled vehicle shall be provided in the manner and form specified by the agreement; and (17) That removal of any wrecked or stalled vehicle at the direction of a law enforcement officer shall be documented on a police department vehicle disposition form. (Ord. No. 04-497, § 3, 5-26-04; Ord. No. 05-1271, § 8, 9-22-05; Ord. No. 2011-324, § 2, 5-4-2011; Ord. No. 2021-753, §§ 12, 13, 9-1-2021)

Houston Code of Ordinances § 8-128 Wreckers not to solicit business at scene of accident until police depart scene.

Sec. 8-128. - Wreckers not to solicit business at scene of accident until police depart scene. It shall be unlawful for any wrecker driver to solicit the business of towing, removing or repairing any abandoned or disabled vehicle at a police scene by words, cards, circulars or gestures, until such time as all law enforcement officers have departed the scene. (Ord. No. 04-497, § 3, 5-26-04; Ord. No. 09-1347, § 3, 12-16-09)

Houston Code of Ordinances § 8-129 Obedience to police at accident scene; interference with police.

Sec. 8-129. - Obedience to police at accident scene; interference with police. All wrecker drivers at a police scene shall obey all lawful orders given them by any law enforcement officer investigating such scene and shall not in any manner knowingly or intentionally interfere with such law enforcement officer in the performance of his duty. (Ord. No. 04-497, § 3, 5-26-04)

Houston Code of Ordinances § 8-130 Reserved.

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH8AUDEAUWR_ARTIIIAUWRSTYA_DIV2AUWR_SDAOPRURETOAGFetched: 10/26/2026