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Burleson, TX Business Licensing & Operations: Towing Companies (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Governing section
Burleson Code § 90-82 (requirements)
Offense
Operating a wrecker for a police non-consent tow outside the article
Affirmative defenses
Four listed in § 90-82(b)
City tow contracts
One or more companies, called on a rotation basis (§ 90-83)
Rate limits
Contract terms; breach means default and termination
Administering official
Chief of police

Summary

In the City of Burleson, Texas, it is an offense to operate or employ another to operate a wrecker on any city street for a police non-consent tow, except as the wrecker article allows (Code § 90-82). The city can contract with wrecker companies and call them on a rotation basis, and rate limits in that agreement are contract terms, not ordinance rates (§ 90-83).

(a) A person commits an offense if the person operates or employs another to drive, or operate any wrecker over any street in the city for the purpose of engaging in a police non-consent tow, except as provided by this article. (b) It is an affirmative defense to prosecution of a violation of subsection (a) of this section that the person is engaging in: (1) The transportation of a vehicle by a non-resident wrecker operator from some point outside the city to some destination within the city; (2) The transportation of a vehicle by a non-resident wrecker operator from some point outside the city and traversing the city to some other destination outside of the city; (3) The transportation of a vehicle by a wrecker operator at the request of the owner or operator of that vehicle; or (4) The transportation of a vehicle on the private property of another by a wrecker operator with the consent of the operator or owner of the vehicle, or of the owner of the private property.

Full Breakdown

Article III of Chapter 90 of the Burleson Code governs vehicle wrecker service. Section 90-81 defines a police non-consent tow as the towing of a vehicle without the prearranged knowledge and consent of its owner or operator. The examples printed are a driver incapacitated after an accident, a driver who has been arrested, a vehicle removed from public property without pre-notification of the owner, and seizures. A consent tow is a tow at the request of the owner or operator. The chief of police, or a designated representative, administers the article.

Section 90-82(a) makes it an offense to operate, or to employ another to drive or operate, a wrecker over any street in the city for a police non-consent tow, except as the article provides. Section 90-82(b) lists four affirmative defenses: a non-resident wrecker operator moving a vehicle from outside the city to a destination in the city, a non-resident operator traversing the city to a destination outside it, a tow at the request of the vehicle's owner or operator, and a tow on the private property of another with the consent of the vehicle's owner or operator or the property owner.

Section 90-83 is how the city fills the non-consent work. The city can contract with one or more wrecker companies for city-owned vehicles and for the towing or impoundment of any vehicle made necessary by its police and governmental functions. With more than one contract, companies are called on a rotation basis, and if a company is called and unavailable the next company on the list is called. An agreement can set rate limits, but those are contractual obligations: failure to comply is not punishable as a violation of the ordinance and instead lets the city declare a default and terminate the agreement. The city can use any wrecker when the contracted company cannot respond as required, in an emergency, or when the chief of police considers it necessary, and a report goes to the chief of police.

Violations & Fines

Article III prints no fine of its own, so the general penalty in § 1-14 applies: a fine not exceeding $500 where no specific penalty is provided, with each day a separate offense. Under § 1-13 the burden of proving an exception or exemption rests on the defendant, so a wrecker operator relying on one of the § 90-82(b) defenses must prove it. Breaking contract rate limits is a default under § 90-83(b), not an ordinance offense.

Frequently Asked Questions

What is a police non-consent tow in Burleson?
Section 90-81 defines it as the towing of a vehicle without the prearranged knowledge and consent of the owner or operator. Its examples include a driver incapacitated after an accident, a driver who has been arrested, vehicles removed from public property without pre-notification of the owner, and seizures. A tow requested by the owner or operator is a consent tow.
Can any tow company do police tows in the City of Burleson?
No. Section 90-82(a) makes it an offense to operate or employ a wrecker on a city street for a police non-consent tow except as the article provides. Section 90-83 lets the city contract with one or more wrecker companies, which are called on a rotation basis, and the next company is called if one is unavailable.
Does a tow company from outside Burleson break the law by towing through the city?
Not if it fits a defense in § 90-82(b). A non-resident wrecker operator moving a vehicle from outside the city to a destination within the city, or traversing the city to a destination outside it, has an affirmative defense. Towing at the request of the vehicle's owner or operator is also a defense.
Does Burleson regulate what a contracted wrecker can charge?
Section 90-83(b) lets the city's agreement establish rate limits, but they are contractual obligations rather than rate regulations. A company that exceeds them is not punishable under the ordinance; the city's remedy is to declare a default in the agreement and terminate it.

Sources & Official References

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