Tex. Codes » Occupations Code · TITLE 14. REGULATION OF MOTOR VEHICLES AND TRANSPORTATION · SUBTITLE A. REGULATIONS RELATED TO MOTOR VEHICLES · CHAPTER 2308. VEHICLE TOWING AND BOOTING
Texas Codes

Tex. Occ. Code § 2308.202 (2026)

Regulation By Political Subdivisions Of Fees For Nonconsent Tows

✓ current as of May 2026
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Sec. 2308.202. REGULATION BY POLITICAL SUBDIVISIONS OF FEES FOR NONCONSENT TOWS. The governing body of a political subdivision may regulate the fees that may be charged or collected in connection with a nonconsent tow originating in the territory of the political subdivision if the private property tow fees:

(1) are authorized by commission rule; and

(2) do not exceed the maximum amount authorized by commission rule.

Added by Acts 2003, 78th Leg., ch. 1034, Sec. 10, eff. Sept. 1, 2003.

Renumbered from Transportation Code, Section 643.203 by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 2.01, eff. September 1, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1310 (H.B. 2571), Sec. 5, eff. September 1, 2010.

Notes of Decisions
Cited in 6 cases, 2011–2015 · leading case: State v. John D. Deloach, 458 S.W.3d 696 (Tex. App. 2015).
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State v. John D. Deloach, 458 S.W.3d 696 (Tex. App. 2015). · cites it 3× “1, 2003 (currently codified in Tex. Occ. Code Ann. § 2308.202 , .203 (West 2012)).”
Deloach, John D. (Tex. App. 2015). · cites it 4× “8 TEX. OCC. CODE § 2308.202 ...............”
Deloach, John D. (Tex. App. 2015). · cites it 3× “Those provisions are now at Tex. Occ. Code §§ 2308.202 and 203. 213723/0002279-24559 4 As indicated by that caption, the enactment covered multiple aspects of the towing industry.”
State v. John D. Deloach (Tex. App. 2014). · cites it 2× “1, 2003 (currently codified in TEX. OCC. CODE ANN. §§ 2308.202, .203 (West 2012)).”
Landry Rountree v. State (Tex. App. 2012). · cites it 2× “See TEX. OCC. CODE ANN. § 2308.202 (West Supp.”
Wilfredo Amaro D/B/A Amaro Collision Ctr. & Towing, Eric Colon D/B/A Eagle Wrecker Serv., & Celestino Talamantez D/B/A TNT Towing v. Wilson Cnty., TX, Albert Gamez in His Off. Capacity as Wilson Cnty. Comm'r, Precint 1, Paul Pfeil, in His Off. Capacity as Wilson Cnty. Comm'r, Precinct 2, Ricky R. Morales, in His Off. Capacity as Wilson Cnty. Commissione (Tex. App. 2011). “That statute provides: The governing body of a political subdivision may regulate the fees that may be charged or collected in connection with a nonconsent tow originating in the territory of the political subdivision if the private property tow fees: (1) are authorized by…”
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