Towed in El Paso Library

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Guides and research

El Paso's $100 tow limit and the state's $272: what each one says

El Paso set its own tow limits years ago. The state also sets maximums for private-property tows. The two numbers are far apart.

General information, not legal advice. The papers you got from the police, the tow company, the storage lot or a state agency control your dates. Agencies change phone numbers and steps, so check the agency's own page too.

What the City Code says

Section 12.54.020 says the maximum fee a tow company may charge for nonconsent tow service, including debris clean-up and 'regardless of the type of truck used', is $100 for a vehicle rated 10,000 pounds or less, $350 for medium and $450 for heavy, with up to $25 for dollies. The Code uses the state definition of nonconsent tow, which includes private-property tows. If you arrive before the car is hooked up there is no charge; after hook-up it is half the tow fee.

Sources: El Paso City Code ch. 12.54 (Municode)

What the state rule says

The TDLR rule for private-property tows lists $272 for a light-duty tow, $380 medium-duty and $489 per unit heavy-duty, with a drop charge of up to $135 for a light-duty car. State law also says a tow company may not charge more than the fees set by TDLR or authorized by the city.

Sources: 16 Tex. Admin. Code § 86.455; Occ. Code § 2308.2065

Which one governs?

We do not know, and our tool does not decide. It shows both amounts next to your bill. A justice court at a tow hearing decides whether a charge exceeded the amount the city or TDLR authorized.

Sources: Occ. Code § 2308.458

How the $100 came about

The limit was $70 before 2014, $81 from 2014 and $85.46 from September 2017. After a 2018 police study of local towing costs, the Council set $100 on April 17, 2018.

Sources: 2017 Tow Fee Study; 2018 Tow Fee Study

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