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 § 2308.452 (2026)

Right Of Owner Or Operator Of Vehicle To Hearing

✓ current as of May 2026
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Sec. 2308.452. RIGHT OF OWNER OR OPERATOR OF VEHICLE TO HEARING. The owner or operator of a vehicle that has been removed and placed in a vehicle storage facility or booted without the consent of the owner or operator of the vehicle is entitled to a hearing on whether probable cause existed for the removal and placement or booting.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.159(a), eff.Sept. 1, 1997.

Renumbered from Transportation Code, Section 685.003 by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 2.07, eff. September 1, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 845 (S.B. 2153), Sec. 23, eff. September 1, 2009.

Notes of Decisions
Cited in 17 cases (8 in the last 5 years), 2011–2023 · leading case: Phillip Manderscheid v. LAZ Parking of Texas, LLC, & Boot Man, Inc. D/B/A Premier Parking Enf't, 506 S.W.3d 521 (Tex. App. 2016).
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Phillip Manderscheid v. LAZ Parking of Texas, LLC, & Boot Man, Inc. D/B/A Premier Parking Enf't, 506 S.W.3d 521 (Tex. App. 2016). · cites it 3× “” Tex. Occ. Code Ann. § 2308.452 (West 2012).”
Fidelis Johnson Badaiki v. Bryan Miller D/B/A Classic Towing, Pine Forest Park Place, Am. Eagle Auto Storage (Tex. App. 2019). · cites it 4× “” Tex. Occ. Code § 2308.452. The hearing takes place in a justice court having jurisdiction over the precinct from which the vehicle was towed.”
Ricardo Maldonado Davila v. M & M Towing & Recovery, Inc. (Tex. App. 2021). · cites it 2× “See TEX. OCC. CODE ANN. § 2308.452. On September 27, 2019, the justice court rendered a judgment in favor of M & M Towing, dismissing the applications with prejudice.”
Phillip Manderscheid v. LAZ Parking of Texas, LLC, & Boot Man, Inc. D/B/A Premier Parking Enf't (Tex. App. 2015). · cites it 3× “456(a) establishes a timeframe in which to request such a hearing: the party challenging the booting “must deliver a written request for the hearing to the court before the 14th day after the date the vehicle was .”
Brazos Valley Roadrunners, LLC v. Randall Hargrove (Tex. App. 2021). “” TEX. OCC. CODE ANN. § 2308.452. The hearing takes place in a JP Court, and if probable cause is not found, the towing company or parking facility owner must “reimburse the owner or operator for the cost of the removal and storage paid by the owner or operator.”
Brazos Valley Roadrunners, LP v. Nari Lee (Tex. App. 2021). “” TEX. OCC. CODE ANN. § 2308.452. The hearing takes place in a justice court having jurisdiction over the precinct from which the vehicle was towed.”
Brazos Valley Roadrunners, L.P v. Ian Cichy (Tex. App. 2021). “” TEX. OCC. CODE ANN. § 2308.452. The hearing takes place Brazos Valley Roadrunners, L.”
William Golden v. Milstead Towing & Storage, Agent, Stephen Meredith, Amanda Mason, & Josh Rothstein (Tex. App. 2022). “denied) (citing Tex. Occ. Code Ann. § 2308.452 ). 2 Because an appeal from a justice of the peace court is de novo, we refer to the County Court at Law No.”
Yumin Zhao v. Two Steppin Towing (Tex. App. 2022). “” Tex. Occ. Code Ann. § 2308.452 ; see id. § 2308.”
Steven J. Smith v. Madera Residential, Rock Creek Apts. (Tex. App. 2022). “” TEX. OCC. CODE § 2308.452; Wilson v. H-Town Towing, LLC, No.”
Asghar Michael Mortaji v. Parking Mgmt. Co. (Tex. App. 2023). “” Tex. Occ. Code Ann. § 2308.452 . The statute also provides a timeframe in which a party must request a hearing.”
Benedict Emesowum v. Zone One Auto Storage & Milam Street Auto Storage Inc. D/B/A Fast Tow Wrecker (Tex. App. 2014). “See TEX. OCC. CODE ANN. §§ 2308.452, 2308.458 (West 2012).”
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