Sec. 2308.404. CIVIL LIABILITY OF TOWING COMPANY, BOOTING COMPANY, OR PARKING FACILITY OWNER FOR VIOLATION OF CHAPTER. (a) A towing company, booting company, or parking facility owner who violates this chapter is liable to the owner or operator of the vehicle that is the subject of the violation for:
(1) damages arising from the removal, storage, or booting of the vehicle; and
(2) towing, storage, or booting fees assessed in connection with the vehicle's removal, storage, or booting.
(b) A vehicle's owner or operator is not required to prove negligence of a parking facility owner, towing company, or booting company to recover under Subsection (a).
(c) A towing company, booting company, or parking facility owner who intentionally, knowingly, or recklessly violates this chapter is liable to the owner or operator of the vehicle that is the subject of the violation for $1,000 plus three times the amount of fees assessed in the vehicle's removal, towing, storage, or booting.
(d) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 353, Sec. 19(a)(3), eff. September 1, 2011.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Renumbered from Transportation Code, Section 684.084 by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 2.06, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 845 (S.B. 2153), Sec. 18, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 845 (S.B. 2153), Sec. 19, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1310 (H.B. 2571), Sec. 12, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 353 (H.B. 3510), Sec. 19(a)(3), eff. September 1, 2011.
Notes of Decisions
Sissat Sisavath v. Cencir, Inc., No. 05-15-00131-CV (Tex. App.—Dallas July 6, 2015).
· cites it 4× “The civil liability statute at issue in this case, TEX.OCC.CODE §2308.404 states that “A towing company, booting company, or parking facility owner who violate this statute is liable .”
Fidelis Johnson Badaiki v. Pine Forest Park Place, No. 14-22-00614-CV (Tex. App.—Houston [14th Dist.] Nov. 30, 2023).
· cites it 2× “Tex. Occ. Code § 2308.404. BACKGROUND Badaiki filed suit in the justice court and appealed to the county civil court at law, de novo.”
Black Bull Towing, LLC v. Pete E. Ybarra, No. 02-14-00227-CV (Tex. App.—Fort Worth June 12, 2015).
· cites it 2× “” Tex. Occ. Code Ann. § 2308.404 (c). Construing the statutory scheme in its entirety, we conclude that a proceeding under section 2308.”
Benedict Emesowum v. Milam Street Auto Storage, Inc., No. 01-14-00472-CV (Tex. App.—Houston [1st Dist.] June 18, 2015).
· cites it 2× “Civil Liability of Towing Company In further arguing for reversal, Emesowum next cites the civil liability statute found in Texas Occupations Code section 2308.404(c).”
George Jamil Wehbe v. State, No. 02-07-00407-CR (Tex. App.—Fort Worth May 5, 2011).
· cites it 2× “Laws 2092 , 2096 (current version at Tex. Occ. Code Ann. § 2308.404 ). [13] Id.”
George Jamil Wehbe v. State, No. 02-07-00407-CR (Tex. App.—Fort Worth May 5, 2011).
· cites it 2× “Laws 2092 , 2096 (current version at Tex. Occ. Code Ann. § 2308.404 ). 10 the violation for $300 plus three times the amount of fees assessed in the vehicle’s removal, towing, or storage” and “the prevailing party is entitled to recover reasonable attorney’s fees.”
Brazos Valley Roadrunners, LLC v. Randall Hargrove, 628 S.W.3d 607 (Tex. App.—Texarkana 2021).
“TEX. OCC. CODE ANN. § 2308.404. II. Factual and Procedural Background At trial, Hargrove testified that he saw no signs before he parked in the Lot at approximately 7:30 p.”
Tex. Occ. Code § 2308.404(c): 3 cases
Benedict Emesowum v. Milam Street Auto Storage, Inc., No. 01-14-00472-CV (Tex. App.—Houston [1st Dist.] June 18, 2015).
“Civil Liability of Towing Company In further arguing for reversal, Emesowum next cites the civil liability statute found in Texas Occupations Code section 2308.404(c).”
Fidelis Johnson Badaiki v. Pine Forest Park Place, No. 14-22-00614-CV (Tex. App.—Houston [14th Dist.] Nov. 30, 2023).
“Tex. Occ. Code § 2308.404. BACKGROUND Badaiki filed suit in the justice court and appealed to the county civil court at law, de novo.”
Sissat Sisavath v. Cencir, Inc., No. 05-15-00131-CV (Tex. App.—Dallas July 6, 2015).
“The civil liability statute at issue in this case, TEX.OCC.CODE §2308.404 states that “A towing company, booting company, or parking facility owner who violate this statute is liable .”
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