Texas Codes

Tex. Occ. Code § 2308.458 (2026)

Hearing

✓ current as of May 2026

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Sec. 2308.458. HEARING. (a) A hearing under this chapter shall be held before the 21st calendar day after the date the court receives the request for the hearing.

(b) The court shall notify the person who requested the hearing for a towed vehicle, the parking facility owner or law enforcement agency that authorized the removal of the vehicle, the towing company, and the vehicle storage facility in which the vehicle was placed of the date, time, and place of the hearing in a manner provided by Rule 21a, Texas Rules of Civil Procedure. The notice of the hearing to the towing company and the parking facility owner or law enforcement agency that authorized the removal of the vehicle must include a copy of the request for hearing. Notice to the law enforcement agency that authorized the removal of the vehicle is sufficient as notice to the political subdivision in which the law enforcement agency is located.

(b-1) At a hearing under this section:

(1) the burden of proof is on the person who requested the hearing; and

(2) hearsay evidence is admissible if it is considered otherwise reliable by the justice of the peace.

(b-2) The court shall notify the person who requested the hearing for a booted vehicle, the parking facility in which the vehicle was booted, and the booting company of the date, time, and place of the hearing in a manner provided by Rule 21a, Texas Rules of Civil Procedure. The notice of hearing to the person that authorized the booting of the vehicle must include a copy of the request for hearing.

(1) whether probable cause existed for the removal and placement of the vehicle;

(2) whether a towing charge imposed or collected in connection with the removal or placement of the vehicle was greater than the amount authorized by the political subdivision under Section 2308.201 or 2308.202;

(3) whether a towing charge imposed or collected in connection with the removal or placement of the vehicle was greater than the amount authorized under Section 2308.203; or

(4) whether a towing charge imposed or collected in connection with the removal or placement of the vehicle was greater than the amount authorized under Section 2308.0575.

(c-1) The issues in a hearing regarding a booted vehicle under this chapter are:

(1) whether probable cause existed for the booting of the vehicle; and

(2) whether a boot removal charge imposed or collected in connection with the removal of the boot from the vehicle was greater than the amount authorized by the political subdivision under Section 2308.2085.

(d) The court shall make written findings of fact and a conclusion of law.

(e) The court may award:

(1) court costs and attorney's fees to the prevailing party;

(2) the reasonable cost of photographs submitted under Section 2308.456(b)(8) to a vehicle owner or operator who is the prevailing party;

(3) an amount equal to the amount that the towing charge or booting removal charge and associated parking fees exceeded fees regulated by a political subdivision or authorized by this code or by Chapter 2303; and

(4) reimbursement of fees paid for vehicle towing, storage, or removal of a boot.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Renumbered from Transportation Code Sec. 685.007 and amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.159(a), eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1034, Sec. 17, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 737 (H.B. 2630), Sec. 7, eff. September 1, 2005.

Renumbered from Transportation Code, Section 685.009 and amended 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. 28, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1310 (H.B. 2571), Sec. 19, eff. September 1, 2009.

Acts 2011, 82nd Leg., R.S., Ch. 353 (H.B. 3510), Sec. 16, eff. September 1, 2011.

Notes of Decisions

Cited in 8 cases (4 in the last 5 years), 2011–2024 · leading case: Anthony Wright & Tranise Smith v. Vill. on the Green, Peak Auto Storage, & Sonya Mokry (Tex. App. 2024).

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Anthony Wright & Tranise Smith v. Vill. on the Green, Peak Auto Storage, & Sonya Mokry (Tex. App. 2024). · cites it 5× “001-03356-2022 MEMORANDUM OPINION Before Justices Pedersen, III, Smith, and Garcia Opinion by Justice Garcia This case arises out of a tow hearing under TEX. OCC. CODE ANN. § 2308.458 to determine whether probable cause existed for the removal and placement of Anthony Wright and…”

Yumin Zhao v. Two Steppin Towing (Tex. App. 2022). · cites it 4× “” See Tex. Occ. Code Ann. § 2308.458 (c). Because Zhao’s pleadings did not specifically allege that he was authorized to park at the parking facility, the Towing Company argued that Zhao could not raise that issue, and the trial court did 5 Homes, LLC v.”

Fidelis Johnson Badaiki v. Bryan Miller D/B/A Classic Towing, Pine Forest Park Place, Am. Eagle Auto Storage (Tex. App. 2019). · cites it 2× “Tex. Occ. Code § 2308.458(b). The issues to be addressed in the hearing are whether probable cause existed for the removal of the vehicle and whether the towing charge imposed was statutorily authorized.”

Trinity Towing, Inc. v. Joshua Rubio (Tex. App. 2023). · cites it 2× “See TEX. OCC. CODE ANN. § 2308.458(c)(1). On July 8, 2022, the justice court signed a judgment finding that “[p]robable cause existed for the removal and placement of the vehicle in storage, and the vehicle owner or operator shall pay the costs of the removal and storage, plus…”

Sylvia Brazle v. Meadows on the Mews Owners Ass'n & Genesis Cmty. Mgmt., Inc. (Tex. App. 2011). · cites it 2× “Tex. Occ. Code Ann. § 2308.458 (b-1). The issues to be determined in the hearing are whether probable cause existed for removal and placement of the vehicle, and whether a towing charge imposed or collected in connection with removal or placement of the vehicle was greater than…”

Phillip Manderscheid v. LAZ Parking of Texas, LLC, & Boot Man, Inc. D/B/A Premier Parking Enf't (Tex. App. 2015). · cites it 2× “” TEX. OCC. CODE ANN. § 2308.458(c-1). Section 2308.”

Ricardo Maldonado Davila v. M & M Towing & Recovery, Inc. (Tex. App. 2021). “See TEX. OCC. CODE ANN. §§ 2308.458(c)(1), .459.”

S. Wilt v. City of Greenville Police Dep't (Tex. App. 2011). “TEX. OCC. CODE ANN. § 2308.458 (Vernon Supp.”

— Tex. Occ. Code § 2308.458(b) — 1 case

Fidelis Johnson Badaiki v. Bryan Miller D/B/A Classic Towing, Pine Forest Park Place, Am. Eagle Auto Storage (Tex. App. 2019). “Tex. Occ. Code § 2308.458(b). The issues to be addressed in the hearing are whether probable cause existed for the removal of the vehicle and whether the towing charge imposed was statutorily authorized.”

— Tex. Occ. Code § 2308.458(c) — 1 case

— Tex. Occ. Code § 2308.458(c)(1) — 2 cases

Ricardo Maldonado Davila v. M & M Towing & Recovery, Inc. (Tex. App. 2021). “See TEX. OCC. CODE ANN. §§ 2308.458(c)(1), .459.”

Trinity Towing, Inc. v. Joshua Rubio (Tex. App. 2023). “See TEX. OCC. CODE ANN. § 2308.458(c)(1). On July 8, 2022, the justice court signed a judgment finding that “[p]robable cause existed for the removal and placement of the vehicle in storage, and the vehicle owner or operator shall pay the costs of the removal and storage, plus…”

— Tex. Occ. Code § 2308.458(d) — 1 case

Phillip Manderscheid v. LAZ Parking of Texas, LLC, & Boot Man, Inc. D/B/A Premier Parking Enf't (Tex. App. 2015). “” TEX. OCC. CODE ANN. § 2308.458(c-1). Section 2308.”

— Tex. Occ. Code § 2308.458(e) — 1 case

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