Towing of vehicles; create a procedure.

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To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Holloway (76th)

HOUSE BILL NO. 1381

AN ACT TO AMEND SECTION 85-7-251, MISSISSIPPI CODE OF 1972, 1
TO CREATE A PROCEDURE FOR RECLAIMING MOTOR VEHICLES OR VESSELS 2
WHILE THEY ARE IN THE PROCESS OF BEING TOWED; AND FOR RELATED 3
PURPOSES. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 5
SECTION 1. Section 85-7-251, Mississippi Code of 1972, is 6
amended as follows: 7
85-7-251. (1) The owner of a motor vehicle that has been 8
towed at his request or at the direction of a law enforcement 9
officer, or towed upon request of a real property owner upon whose 10
property a vehicle has been left without permission of the real 11
property owner, shall be liable for the reasonable price of towing 12
and storage of such vehicle; and the towing company to whom the 13
price of such labor and storage costs may be due shall have the 14
right to retain possession of such motor vehicle until the price 15
is paid. 16
(2) Within twenty-four (24) hours, the towing company shall 17
report to the local law enforcement agency having jurisdiction any 18
vehicle that has been towed unless the vehicle was towed at the 19
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request of the owner of the vehicle. If the owner of a towed 20
vehicle has not contacted the towing company within five (5) 21
business days of the initial tow, the towing company shall obtain 22
from the appropriate authority the names and addresses of any 23
owner and lienholder. If the information from the appropriate 24
authority fails to disclose the owner or lienholder, a good faith 25
effort shall be made by the towing company to locate ownership, 26
including a check for tag information, inspection sticker, or any 27
papers in the vehicle that may indicate ownership. Upon location 28
of the owner and lienholder, the towing company shall notify them 29
by registered mail of the amount due for towing, postmarked no 30
later than the tenth day following the initial tow. If such 31
amount shall not be paid within thirty (30) days from the initial 32
tow, the towing company to whom such charges are payable shall 33
notify by certified mail any legal owner and holder of any lien, 34
as disclosed by the motor vehicle title records or other 35
investigation, of notice of sale of the property. If such 36
property has not been redeemed within ten (10) days after the 37
mailing of the certified letter, the towing company may commence 38
sale of the property at public auction. The towing company shall 39
publish for two (2) consecutive weeks a notice of sale in the 40
newspaper having circulation in the county where the vehicle was 41
initially towed. The proceeds of the sale of such property in 42
excess of the amount needed to pay the towing, reasonable storage 43
and necessary expenses of the procedures required by this section 44
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shall be held by the towing company for a period of six (6) 45
months, and, if not reclaimed by the owner thereof within such 46
time, shall become the property of the county and be paid to the 47
chancery clerk of the county in which the sale was held to be 48
deposited into the county general fund, subject, however, to any 49
rights of the recorded lienholder. 50
(3) (a) Any person who is in the process of towing or 51
removing a vehicle or vessel from property as authorized by this 52
section shall stop such towing or removing if the owner or 53
person in control of the vehicle or vessel seeks return of the 54
vehicle or vessel and pays a reasonable service fee of not more 55
than one-half (1/2) of the posted rate for the towing or removal 56
service at the time the vehicle is being towed or removed. If 57
the owner or person in control of the vehicle does not pay the 58
required fee, the person may continue to tow or remove the 59
vehicle or vessel. If the owner or person in control of the 60
vehicle does pay the required fee, a signed, detailed receipt 61
must be given to the person redeeming the vehicle or vessel. 62
(b) A person may not pay or accept money or other 63
valuable consideration for the privilege of towing or removing a 64
vehicle. 65
(c) Except as otherwise provided for property 66
appurtenant to and a part of a single-family residence, and except 67
for instances when notice is personally given to the owner or 68
other legally authorized person in control of the vehicle or 69
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vessel that the area in which that vehicle or vessel is parked is 70
reserved or otherwise unavailable for unauthorized vehicles or 71
vessels and that the vehicle or vessel is subject to being removed 72
at the owner's or operator's expense, any property owner or 73
lessee, or person authorized by the property owner or lessee, 74
prior to towing or removing any vehicle or vessel from private 75
property without the consent of the owner or other legally 76
authorized person in control of that vehicle or vessel, must post 77
a notice that meets the following requirements: 78
(i) The notice must be prominently placed at each 79
driveway access or curb cut that allows vehicular access to the 80
property, within five (5) feet from the public right-of-way line. 81
If there are no curbs or access barriers, the signs must be 82
posted not less than one (1) sign for each twenty-five (25) feet 83
of lot frontage. 84
(ii) The notice must clearly indicate, in not 85
less than two (2) inch high, light-reflective letters on a 86
contrasting background, that "unauthorized vehicles will be towed 87
away at the owner's expense". The words "tow-away zone" must be 88
included on the sign in not less than four (4) inch high letters. 89
(iii) The notice must also provide the name and 90
current telephone number of the person or firm towing or removing 91
the vehicles or vessels. 92
(iv) The sign structure containing the required 93
notices must be permanently installed with the words "tow-away 94
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zone"
not less than three (3) feet and not more than six (6) feet 95
above ground level and must be continuously maintained on the 96
property for not less than twenty-four (24) hours before the 97
vehicle or vessel is towed or removed. 98
(v) The local government may require permitting 99
and inspection of these signs before any vehicle or vessel is 100
towed or removed. 101
(vi) A business with twenty (20) or fewer parking 102
spaces satisfies the notice requirements of this subparagraph by 103
prominently displaying a sign stating "Reserved Parking for 104
Customers Only, Unauthorized Vehicles or Vessels Will be Towed 105
Away at the Owner's Expense" in not less than four (4) inch high, 106
light-reflective letters on a contrasting background. 107
(vii) A property owner towing or removing vessels 108
from real property must post notice, consistent with the 109
requirements in subparagraphs (i) through (vii), which apply to 110
vehicles or vessels, that unauthorized vehicles or vessels will 111
be towed away at the owner's expense. 112
(d) A business owner or lessee may authorize the 113
removal of a vehicle or vessel by a towing company when the 114
vehicle or vessel is parked in such a manner that restricts the 115
normal operation of business; and if a vehicle or vessel parked on 116
a public right-of-way obstructs access to a private driveway, the 117
owner, lessee or agent may have the vehicle or vessel removed by a 118
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towing company upon signing an order that the vehicle or vessel be 119
removed without a posted tow-away zone sign. 120
(e) Any person or firm towing or removing any vehicles 121
or vessels from private property without the consent of the owner 122
or other legally authorized person in control of the vehicles or 123
vessels shall, on any trucks, wreckers as defined in current law, 124
or other vehicles used in the towing or removal, have the name, 125
address, and telephone number of the company performing such 126
service clearly printed in contrasting colors on the driver and 127
passenger sides of the vehicle. The name shall be in at least 128
three (3) inch permanently affixed letters, and the address and 129
telephone number shall be in at least one (1) inch permanently 130
affixed letters. 131
(f) Vehicle entry for the purpose of removing the 132
vehicle or vessel shall be allowed with reasonable care on the 133
part of the person or firm towing the vehicle or vessel. Such 134
person or firm shall be liable for any damage occasioned to the 135
vehicle or vessel if such entry is not in accordance with the 136
standard of reasonable care. 137
(g) When a vehicle or vessel has been towed or removed 138
pursuant to this section, it must be released to its owner or 139
custodian during regular business hours. Any vehicle or vessel 140
owner or agent shall have the right to inspect the vehicle or 141
vessel before accepting its return, and no release or waiver of 142
any kind which would release the person or firm towing the 143
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vehicle or vessel from liability for damages noted by the owner 144
or other legally authorized person at the time of the redemption 145
may be required from any vehicle or vessel owner, custodian, or 146
agent as a condition of release of the vehicle or vessel to its 147
owner. A detailed, signed receipt showing the legal name of the 148
company or person towing or removing the vehicle or vessel must 149
be given to the person paying towing or storage charges at the 150
time of payment, whether requested or not. All charges paid by 151
the vehicle owner shall not exceed the reasonable posted rates of 152
the towing company. 153
(h) These requirements are minimum standards and do 154
not preclude enactment of additional regulations by any 155
municipality or county including the right to regulate rates when 156
vehicles or vessels are towed from private property. 157
(i) All towing companies engaging in towing vehicles or 158
vessels from private property must also meet the following 159
conditions: 160
(i) Maintain a minimum One Million Dollars 161
($1,000,000.00) in general liability insurance coverage; 162
(ii) Attend annual certified training; 163
(iii) Carry a valid business license; and 164
(iv) Must be owned by an individual or individuals 165
who are not convicted felons. 166
(4) The provisions of this section shall not apply to law 167
enforcement, firefighters, rescue squad, ambulance, or other 168
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ST: Towing of vehicles; create a procedure.
emergency vehicles or vessels that are marked as such or to 169
property owned by any governmental entity. 170
(5) When a person improperly causes a vehicle or vessel to 171
be removed, such person shall be liable to the owner or lessee of 172
the vehicle or vessel for the cost of removal, transportation, 173
and storage, any damages resulting from the removal, 174
transportation, or storage of the vehicle or vessel, attorney's 175
fees and court costs. 176
( * * *6) The failure to make a good faith effort to comply 177
with the requirements of this section shall preclude the 178
imposition of any storage charges or towing charges against the 179
towed vehicle. 180
( * * *7) Every towing company shall maintain accurate 181
records for a period of three (3) years, which records shall 182
identify the vehicles it has towed and stored and all procedures 183
that it has taken to comply with the provisions of this chapter. 184
SECTION 2. This act shall take effect and be in force from 185
and after July 1, 2026. 186