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 § 2308.453 (2026)

Jurisdiction

✓ current as of May 2026
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Sec. 2308.453. JURISDICTION. A hearing under this chapter shall be in any justice court in:

(1) the county from which the motor vehicle was towed; or

(2) for booted vehicles, the county in which the parking facility is located.

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; Acts 2001, 77th Leg., ch. 669, Sec. 144, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 737 (H.B. 2630), Sec. 4, eff. September 1, 2005.

Renumbered from Transportation Code, Section 685.004 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. 24, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1310 (H.B. 2571), Sec. 15, eff. September 1, 2009.

Reenacted by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 18.006, eff. September 1, 2011.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 238 (H.B. 338), Sec. 1, eff. June 14, 2013.

Notes of Decisions
Cited in 5 cases (3 in the last 5 years), 2015–2024 · leading case: H & H Wrecker v. Crystal Koctar & Brazoria Auto & Recovery (Tex. 2016).
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H & H Wrecker v. Crystal Koctar & Brazoria Auto & Recovery (Tex. 2016). “Tex. Occ. Code Ann. §§ 2308.453 , 2308.458 (West 2012).”
Steven J. Smith v. Madera Residential, Rock Creek Apts. (Tex. App. 2022). “See TEX. OCC. CODE § 2308.453(a). The primary issue at a hearing conducted under Chapter 2308 of the Act is whether probable cause existed for the removal and placement in a storage facility of a towed vehicle.”
Asghar Michael Mortaji v. Parking Mgmt. Co. (Tex. App. 2023). “See Tex. Occ. Code Ann. § 2308.453 . On December 20, 2021, the justice court, concluding that there was no probable cause for Mortaji’s car to be towed, awarded Mortaji reimbursement of fees paid for towing and storage, as well as court costs.”
Anthony Wright & Tranise Smith v. Vill. on the Green, Peak Auto Storage, & Sonya Mokry (Tex. App. 2024). “A tow hearing is limited to the determination of the following issues: –3– (1) whether probable cause existed for the removal and placement of the vehicle; (2) whether a towing charged imposed or collected in connection with the removal or placement of the vehicle was greater…”
Phillip Manderscheid v. LAZ Parking of Texas, LLC, & Boot Man, Inc. D/B/A Premier Parking Enf't (Tex. App. 2015). “See TEX. OCC. CODE ANN. § 2308.453(2) (boot hearing under Towing and Booting Act shall be held in justice court in county in which parking facility is located).”
— Tex. Occ. Code § 2308.453(2) — 1 case
Phillip Manderscheid v. LAZ Parking of Texas, LLC, & Boot Man, Inc. D/B/A Premier Parking Enf't (Tex. App. 2015). “See TEX. OCC. CODE ANN. § 2308.453(2) (boot hearing under Towing and Booting Act shall be held in justice court in county in which parking facility is located).”
— Tex. Occ. Code § 2308.453(a) — 1 case
Steven J. Smith v. Madera Residential, Rock Creek Apts. (Tex. App. 2022). “See TEX. OCC. CODE § 2308.453(a). The primary issue at a hearing conducted under Chapter 2308 of the Act is whether probable cause existed for the removal and placement in a storage facility of a towed vehicle.”
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