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

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