56 S. Tex. L. Rev. 509 (2014-2015)
Licensed to Steal: Texas Private Property Towing Regulation and Consumer Remedies

handle is hein.journals/stexlr56 and id is 545 raw text is: 








   LICENSED TO STEAL: TEXAS PRIVATE PROPERTY

   TOWING REGULATION AND CONSUMER REMEDIES


                           BRIAN  E. WALTERS

     COAUTHORS: DAVID M. WALTERS* AND JENNIFER SHAMAS

1.     INTRODUCTION.          ................................. ...... 510
II.    BACKGROUND AND HISTORY OF THE TTBA ................. 512
       A.  What  Is the TTBA and Where  Did it Come From?  ................. 512
           1. History of the TTBA       .....................      ..... 512
           2. How   Does the TTBA  Work?...........          ..... ..... 512
III.   TTBA  REGULATION OF PRIVATE PROPERTY TOWS.....            ...... 513
       A.  Towing  101: The Three Types  of Tows  ...........      ..... 513
       B.  Authorization to Tow: Permitting and Licensing.................... 515
           1. Permitting........................                ......... 515
           2. Licensing         ...........................       ...... 517
              a.  Towing   Operator Licenses.        ....................... 518
              b.  Towing   Company  Licenses   ...........    ........ 519
              c.  License-Permit  Coordination   ............      ..... 519
       C.  Regulation of Towing  Company  Ownership  and  Control....... 520
           1.  Change  of Ownership....................               520
           2.  Change  of Control...      ..................     .................. 521
           3. Profits Interests     .......................       ...... 522
           4. Nontransferability ofLicenses    ..............   ..... 523
           5. Proposed  Modifications to the TTBA and  Regulations..... 524
      D.   Storage ofNonconsent   Towed  Vehicles and Coordination
           with Texas Occupations  Code Chapter  2303......      ....... 525


    *   David M. Walters is a litigation attorney at Walters Hull, PLLC. He is a graduate of
South Texas College of Law in Houston, Texas, where he received a pro-bono honors award. Mr.
Walters is also rated Excellent by Avvo.com and a member of the College of the State Bar of
Texas. He regularly handles a high volume caseload involving towing disputes and has extensive
experience litigating those cases from inception to conclusion.
    **  Jennifer Shamas is a corporate transactional attorney at Walters Hull, PLLC. She is a
graduate of South Texas College of Law in Houston, Texas, and was licensed to practice law in
2012. While in law school, she attained various honors including Dean's List, the Amicus
Achievement in Excellence Award, and membership on the South Texas Law Review. During
school she also interned under Justice Seymore at the 14th Court of Appeals of Texas, where she
assisted in drafting appellate court opinions. Ms. Shamas is also a member of the College of the
State Bar of Texas. As an undergraduate, she attended the University of North Texas, where she
obtained dual degrees in strategic management and marketing.


509

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 2,700 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Access to this content requires a subscription. Please visit the following page to request a quote or trial:

Already a HeinOnline Subscriber?