Texas Attorney General Opinion: GA-0215 Page: 2 of 5
5 p.View a full description of this text.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
(GA-0215)
The Honorable Robert E, Talton - Page 2.
Section 545,305(a) of the Transportation Code provides a peace officers authority to
"remove or require the operator or a person in char ge of a vehicle to move a vehicle from a
highway.," TEx. TRANSP. CODE ANN. 545.305(a) (Vernon 1999). A vehicle may be :removed or
ordered moved, as pertinent here, if it:
(6) is disabled so that normal operation -is impossible or
impractical and the owner or person in charge of the vehicle is:
(A) incapacitated and unable to provide for the
vehicle's removal or custody; or
(B) not in the immediate vicinity of the vehicle;
(7) is disabled so that normal operation is impossible or
impractical and the o eror person in charge of the vehicle does not
designate a particular towing or storage company;
(9) is, in the opinion of the officer, a hazard, interferes w-ith a
normal function of a governmental agency, or because of a
catastrophe, emergency, or unusual circumstance is imperiled.
Id. 545,305(a)(6)-(7), (9). The officer may require the vehicle to be taken to:
(1) the nearest garage or other place of safety;
(2) a garage designated or maintained by the governmental
agency that employs the officer; or
(3) a position off the paved or main traveled part of the
highway.
Id. 545.305(b) , The vehicle's oner is liable for reasonable towing and storage fees. Id .
545.305(d).
Chapter 643, subehapter E of the Transportation Code generally regulates tow truck services,
Id. 643.201- 208 (Vernon Supp. 2004). A political subdivision may require a towing service that
performs nonconsent tows to register and obtain a license. Id,. 643.201(c)(d). Under section
643.201, a "con sent tow" is "any tow of a motor vehicle initiated by the owner or operator of the
A "owing com:paxny" is an, indi vidal o entity egaged in the business of towing vehicles on a highway for
compensation or with the expectation of compensation for the towing or storage ofthe vehicles'" TEx. TRANP, CDE
ANN, 545305(e)(1) (Vernon 1999) Simlaily, a "storage company is an individual or entity "engaged in the business
of storing or repairing vehicles for comnpensation or with the expectations of compensation for the storage or pair of
vehicles," Id. 545.30c5(e)(2)
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: GA-0215, text, July 12, 2004; (https://texashistory.unt.edu/ark:/67531/metapth275111/m1/2/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.