Texas Statewide Rule

Texas Gives Towed Drivers a 14-Day Hearing Right

Significant RestrictionsApplies statewide across Texas (2026)

Key Facts

Hearing request deadline: 14 business days after tow or boot
Hearing must occur: Within 21 days of court receiving request
Venue: Justice court in county vehicle was towed from
Intentional violation penalty: $1,000 plus 3x fees charged
Max nonconsent tow fee: $272 for vehicles under 10,000 lbs
Daily storage cap: $22.85, or $39.99 if over 25 feet
Drop fee cap: $135-$244 by weight, before truck leaves lot

Last verified: September 1, 2026

Summary

Texas Occupations Code chapter 2308 sets the statewide rules for nonconsent towing and vehicle booting. A vehicle owner has 14 business days to demand a hearing in the justice court for the county the vehicle was towed from, and the court must hold that hearing within 21 days. If the judge finds no probable cause, the towing company pays the removal and storage bill. Deliberate violations carry a $1,000 penalty plus triple the fees charged.

Sec. 2308.404. CIVIL LIABILITY OF TOWING COMPANY, BOOTING COMPANY, OR PARKING FACILITY OWNER FOR VIOLATION OF CHAPTER. (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. Sec. 2308.456. REQUEST FOR HEARING. (a) ...before the 14th day after the date the vehicle was removed and placed in a vehicle storage facility or booted, excluding Saturdays, Sundays, and legal holidays... 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.

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Full Breakdown

A parking facility may have an unauthorized vehicle towed only under chapter 2308's own procedures, a complying municipal ordinance, or at the direction of a peace officer or the vehicle's owner (Sec. 254). Before a tow company can act on a standing agreement with the lot owner, it needs written verification the required signs are posted (Sec. 255). Those signs must face the entering driver, sit at each driveway or curb-cut, or every 25 feet where an opening exceeds 35 feet, mount permanently between 5 and 8 feet above the ground, measure at least 18 by 24 inches, and carry a red international towing symbol at least 4 inches tall, white enforcement wording on red at least 2 inches tall, and a 24-hour phone number in 1-inch letters (Secs.

302). If the owner pays before a hearing, the tow company or storage facility must hand over written notice of the 14-day hearing right, the required contents of a hearing request, any filing fee, and the names and numbers of every party and justice court in the county (Secs. 455). 99 for a vehicle over 25 feet. A driver who returns before the vehicle is fully hooked up owes nothing, while one who returns after hook-up but before the truck leaves the lot owes a drop fee capped at $135, $190, or $244 by weight class, payable by cash, credit, or debit. TDLR rules also let an owner retrieve personal property or ownership documents from the storage facility free of charge.

Violations & Penalties

A towing company, booting company, or parking facility owner that intentionally, knowingly, or recklessly breaks chapter 2308 owes the vehicle's owner or operator $1,000 plus three times the towing, storage, or booting fees charged, and the owner need not prove negligence to collect (Sec. 2308.404). A license or permit holder that charges more than the TDLR-set nonconsent tow fee, or bills for a service not on that list, faces a TDLR-ordered refund of the overage (Sec. 2308.2065). Losing the probable-cause hearing shifts the removal and storage costs onto the tow company, storage facility, or authorizing party (Sec. 2308.451).

Frequently Asked Questions

How long do I have to fight a tow in Texas?

You must deliver a written hearing request to the court before the 14th day after the vehicle was removed or booted, not counting weekends and legal holidays (Sec. 2308.456(a)). Miss that window and you waive the right to a hearing. File in any justice court in the county the vehicle was towed from, or for a boot, in the county where the parking facility sits (Sec. 2308.453).

Can I keep my car if the tow truck already hooked it up?

If the truck is not fully hooked up yet, you can take your car with no charge. Once it is hooked up and ready to go but still in the lot, Texas caps the drop fee at $135 for vehicles under 10,000 pounds, $190 up to 25,000 pounds, and $244 above that, and the driver must accept cash, credit, or debit cards.

What happens if the court finds no probable cause for the tow?

The towing company, storage facility, parking facility owner, or law enforcement agency that authorized the tow must pay or reimburse the owner for the removal and storage costs (Sec. 2308.451(b)). The judge can also award court costs, attorney's fees, and a refund of any overcharge above the TDLR fee cap.

Do I have to pay to get personal belongings out of a towed vehicle?

No. Texas Department of Licensing and Regulation rules let you access your vehicle at the storage facility to retrieve personal property or ownership documents without paying a fee, separate from any towing or storage charge you may owe on the vehicle itself.

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