Demystifying Texas Tow Hearings: Your Guide to Subchapter J, Chapter 2308
Demystifying Texas Tow Hearings
Introduction
Subchapter J of Chapter 2308 of the Texas Occupations Code addresses the regulations, procedures, and requirements related to tow hearings. These hearings provide a formal process for individuals to contest (1) whether probable cause existed for the towing of the vehicle or (2) whether they were charged an amount in excess of a state or local maximum fee. The subchapter outlines the rights and responsibilities of the parties involved, the procedural steps for requesting a hearing, and the issues that will be determined during the hearing.
At the end of the day, these are simple proceedings, requiring less than 10 minutes of real court time. However, when a justice court does not know the law or fails to restrict the issues to those specifically identified in Subchapter J of the Occupations Code, things can go off the rails.
Detailed Section-by-Section Outline
§2308.451 - Definitions
This section provides specific definitions for terms used throughout Subchapter J, ensuring clarity and uniform understanding of the key terms.
§2308.452 - Right to a Hearing
Explains the right of an owner or operator of a vehicle to a hearing to determine whether the towing of their vehicle was towed without probable cause.
§2308.453 - Jurisdiction
This section establishes which courts have jurisdiction over tow hearings, typically assigning jurisdiction to the justice court where the vehicle was towed or booted.
§2308.454 - Venue
Details the proper venue for filing a tow hearing request, which is generally the precinct in which the vehicle was towed.
§2308.455 - Filing Fee
Specifies the filing fee required to request a tow hearing, which must be paid to initiate the process.
§2308.456 - Request for Hearing
This section outlines the specific requirements for a request for a tow hearing:
Timing: The request must be filed within 14 days after the vehicle is towed, excluding Saturdays, Sundays, and legal holidays.
Content: The request must include:
The name, address, and telephone number of the owner or operator of the vehicle.
The location from which the vehicle was towed.
The date on which the vehicle was towed.
The name, address, and telephone number of the towing company.
A statement of the grounds on which the owner or operator believes the tow was wrongful.
§2308.457 - Notice of Hearing
Details the requirement for the court to notify the towing company of the hearing, ensuring they have an opportunity to present their case.
§2308.458 - Issues for Determination
During the hearing, the following issues are determined:
Probable Cause: Whether probable cause existed for the removal and storage of the vehicle. Probable cause for a tow means there were facts and circumstances in the mind of the tow operator such as would make a towing company of reasonable prudence believe the vehicle was parked in an unauthorized location.
Charges and Fees: Whether the charges imposed did not exceed a state or local maximum regulated rate.
§2308.459 - Hearing
This section outlines the procedural aspects of the hearing itself, including the right of both parties to present evidence and arguments.
§2308.460 - Decision
Details the issuance of the court's decision, which must be in writing and state the findings and conclusions based on the issues determined.
§2308.461 - Effect of Decision
Explains the binding nature of the decision and any actions that must be taken following the decision, such as ordering who is responsible for payment of all towing and storage fees.
§2308.462 - Appeal
Provides information on the right to appeal the decision of the tow hearing, including the timelines and procedures for filing an appeal.
Tow Hearing Process Summary
Timelines for Tow Hearings
Request for Hearing: Must be filed within 14 days after the vehicle is towed excluding Saturdays, Sundays, and legal holidays.
Notification of Hearing: The court must notify the towing company of the hearing date.
Hearing Date: The hearing is scheduled as promptly as possible.
How Tow Hearings Work
Filing the Request: The vehicle owner/operator files a request within 14 days, including all required information.
Notification: The court notifies the towing company.
Hearing: Both parties present evidence and arguments before the court.
Decision: The court issues a written decision based on the issues for determination.
Issues for Determination under §2308.458
Probable Cause: The court examines whether there was a legitimate reason for the tow.
Compliance: The court checks if the towing company followed all required procedures.
Charges: The court evaluates the reasonableness and authorization of the fees charged.
Conclusion
Subchapter J of Chapter 2308 provides a structured and fair process for addressing disputes over vehicle tows in Texas. By clearly defining the requirements for a hearing request, the issues to be determined, and the procedural steps, this subchapter ensures that vehicle owners and operators have a means to contest potentially wrongful tows and seek resolution through a formal legal process.
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Disclaimer: This blog post was written with the assistance of an AI language model developed by OpenAI. While the content has been carefully curated and reviewed, it is always recommended to consult with a legal professional or the appropriate regulatory bodies for specific legal advice or concerns.