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Texas Occupations Code chapter 2308: towing after a crash and the right to a tow hearing

The official text of the Texas Towing and Booting Act on nonconsent and incident management tows, the vehicle owner's right to a justice court hearing and the 14-day deadline to request one, what the hearing decides, and the storage facility notice rules, with how the City of Houston regulates crash tows. Text last checked October 29, 2026.

10 min readPublished October 29, 2026Last updated October 29, 2026Edited by Joseph Budzinski, CTO, InjuryClaimGuide

The short answer

When a tow truck is summoned to the scene of a traffic collision, Texas law calls it an "incident management tow", a kind of nonconsent tow (Occ. Code §2308.002). "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" (§2308.452). The written request generally goes to a justice court in the county the vehicle was towed from, before the 14th day after the tow, not counting weekends and legal holidays (§§2308.453, 2308.456).

This entry provides general informational guidance and is not legal advice.

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Key facts (as of October 29, 2026)

  • Crash tows are nonconsent tows. An incident management tow is one summoned to the scene of a traffic collision or an incident, and the Act lists it as a nonconsent tow (§2308.002(5-a), (6)).
  • A right to a hearing. On whether probable cause existed for the removal and placement in storage (§2308.452).
  • 14 days, excluding weekends and holidays. The written request is due before the 14th day after the tow, with exceptions when notice or information was not given (§2308.456).
  • Heard within 21 days. The hearing is held before the 21st calendar day after the court receives the request (§2308.458(a)).
  • Fee limits. A nonconsent tow may not be charged above the state-set or locally authorized fee (§2308.2065).
  • Storage notice. A storage facility that receives a Texas-registered vehicle must send written notice to the owner and primary lienholder not later than the fifth day after receiving it (Occ. Code §2303.151).
  • Licensed by TDLR. "Tow truck companies, tow trucks and tow truck operators must be licensed by TDLR" (TDLR).

What does the Act say about the hearing?

The official text, as published by the Texas Legislature. Sections 2308.452 and 2308.453:

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.

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.

Section 2308.456(a), (c), (c-1) and (d):

Sec. 2308.456. REQUEST FOR HEARING. (a) Except as provided by Subsections (c) and (c-1), a person entitled to a hearing under this chapter must deliver a written request for the hearing to the court before the 14th day after the date the vehicle was removed and placed in the vehicle storage facility or booted, excluding Saturdays, Sundays, and legal holidays.

(c) If notice was not given under Section 2308.454, the 14-day deadline for requesting a hearing under Subsection (a) does not apply, and the owner or operator of the vehicle may deliver a written request for a hearing at any time.

(c-1) The 14-day period for requesting a hearing under Subsection (a) does not begin until the date on which the towing company or vehicle storage facility provides to the vehicle owner or operator the information necessary for the vehicle owner or operator to complete the material for the request for hearing required under Subsections (b)(2) through (6).

(d) A person who fails to deliver a request in accordance with Subsection (a) waives the right to a hearing.

Source: Tex. Occ. Code ch. 2308, subch. J, statutes.capitol.texas.gov. Text last checked October 29, 2026.

What does it mean in plain language?

  • Kinds of tows. A "consent tow" is one summoned by the owner or operator, or by a person who has possession, custody, or control of the vehicle. A "nonconsent tow" is any tow that is not a consent tow, including an incident management tow and a private property tow (§2308.002).
  • Notice of rights at payment. A towing company or storage facility that receives payment before a hearing "shall at the time of payment give the owner or operator written notice of the person's rights under this chapter", and a storage facility includes that notice with the notice it mails under chapter 2303 (§2308.454). The notice must state the right to request a hearing within 14 days, what a request must contain, any filing fee, the names, addresses and telephone numbers of the towing company, the storage facility and whoever authorized the tow, and the justice courts in the county (§2308.455).
  • What the request contains. Under §2308.456(b), the request includes the owner or operator's name, address and telephone number; where and when the vehicle was removed; who authorized the removal; the storage facility and towing company; a copy of any receipt or notification received; and, for a tow from a parking facility, photographs of any sign restricting parking or a statement that there was none.
  • The hearing. The court notifies the parties under Rule 21a of the Texas Rules of Civil Procedure. "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." For a towed vehicle, the issues are "whether probable cause existed for the removal and placement of the vehicle" and whether a towing charge was greater than the amount a political subdivision or the chapter authorizes. The court makes written findings of fact and a conclusion of law (§2308.458).
  • Who pays. If the court finds that a person or law enforcement agency authorized the removal and storage with probable cause, the person who requested the hearing pays the costs of removal and storage; if it does not, the towing company, storage facility, parking facility owner or law enforcement agency that authorized the removal pays them or reimburses the owner or operator. Regardless of probable cause, a towing charge above the regulated or authorized fees must be reimbursed (§2308.451). Under §2308.458(e), the court may also award court costs and attorney's fees to the prevailing party.
  • Appeal. An appeal follows the rules for civil cases in justice court, "except that no appeal bond may be required by the court" (§2308.459).
  • Violations of the chapter. A towing company, booting company or parking facility owner who violates the chapter is liable to the vehicle's owner or operator for damages arising from the removal, storage or booting and for the related fees, without proof of negligence (§2308.404(a)-(b)). Subsection (c) adds a separate amount for intentional, knowing or reckless violations, which this entry does not restate.

What are the fee and storage rules?

  • Fee caps. "A license or permit holder may not charge a fee for a nonconsent tow that is greater than: (1) the fee for a nonconsent tow established under Section 2308.0575; or (2) a fee for a nonconsent tow authorized by a political subdivision", and may not charge for a related service that is not on those lists; the department may require a refund (§2308.2065).
  • Local fee regulation. A city or county governing body may regulate the fees charged in connection with a nonconsent tow originating in its territory, within the limits §2308.202 sets (§2308.202), and may regulate tow truck operation and require registration of a tow truck that performs nonconsent tows in its territory (§2308.201).
  • Notice from the storage lot. For a vehicle registered in Texas, the operator of a vehicle storage facility "shall send a written notice to the registered owner and the primary lienholder of the vehicle not later than the fifth day after the date but not earlier than 24 hours after the date the operator receives the vehicle", by certified mail, return receipt requested, or electronic certified mail (§2303.151). TDLR describes a vehicle storage facility (VSF) as "a privately owned garage or parking lot that stores or parks 10 or more vehicles per year without the owner’s consent" (TDLR).
  • Getting the vehicle out. A storage facility may not refuse to release a vehicle solely because the owner or operator's valid photo identification shows a different address than the title and registration records, and must accept evidence of financial responsibility under Transportation Code §601.051 as an additional form of identification; it need not release the vehicle until the regulated charges, including charges for an incident management tow, are paid and valid photo identification is presented (§2303.160).

What applies in Houston and Harris County?

  • City of Houston towing regulation. The Houston Police Department's Auto Dealers Detail says its objective includes to "oversee the towing and storage industry" and to administer agreements with storage lots and towing companies (HPD, Auto Dealers Detail).
  • No solicitation at a crash scene. The same page says: "When involved in a crash in the City of Houston, an important law to remember is that the tow truck operators role is to tow your vehicle per a police officers direction. The law forbids tow truck operators to solicit your business for towing, removing, or repairing any abandoned or disabled vehicle at a police scene by words, cards, or gestures until such time as a law enforcement officer has departed from the scene."
  • Finding a towed vehicle and asking for a hearing. HPD's Towed Vehicles FAQ says to "call the tow line at 713-308-8580 or go to Findmytowedcar.com", with the VIN or license plate available, and points to the Harris County Justice Courts' website for the tow hearing request form and process (HPD, Towed Vehicles FAQ).
  • Tow and Go on Houston freeways. The City says its Tow and Go program, formerly SafeClear, tows stalled vehicles on Houston's freeways to a nearby safe location off the freeway; that vehicles left abandoned or unattended on the freeway when the operator arrives do not qualify; that the tollways and the Katy Freeway HOT lanes are not included; and that a tow to a home or another location is charged at the City's non-consent tow fee (City of Houston, Tow and Go). The City's Administration & Regulatory Affairs department posts its non-consent tow rates by year (City of Houston, Non-Consent Tow Rates); this entry does not restate them.
  • Counties next to Harris County. Section 2308.210 lets "The commissioners court of a county adjacent to a county with a population of more than 3.3 million" set up a program under which a designated peace officer may direct a towing company to remove a vehicle impeding traffic from a county freeway and relocate it to the closest safe location (§2308.210). In Texas codes, "population" means "the population shown by the most recent federal decennial census" (Gov't Code §311.005(3)), which applies to the Occupations Code (Occ. Code §1.002); Harris County's 2020 census population was 4,731,145 (U.S. Census Bureau), so a county adjacent to Harris County meets that test.

When was this checked, and can it change?

The text above was last checked on October 29, 2026, against the official text published by the Texas Legislature, and the TDLR and City of Houston pages were read the same day. The Legislature can amend a statute in any session, and the City can change its rates and programs. The Legislature convenes in regular session on the second Tuesday in January of each odd-numbered year (Gov't Code §301.001), so the next regular session begins on January 12, 2027. This entry is scheduled to be rechecked against the official text by April 2027 and again after the 2027 regular session ends.

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Frequently asked questions

What kind of tow is a tow after a car crash in Texas?
Tex. Occ. Code §2308.002(5-a) defines an incident management tow as any tow of a vehicle in which the tow truck is summoned to the scene of a traffic collision or to an incident, including the removal of a vehicle, commercial cargo, and commercial debris. Under §2308.002(6), an incident management tow is a nonconsent tow. A tow summoned by the owner or operator is a consent tow (§2308.002(3)).
Can I challenge a tow in Texas?
Section 2308.452 says the owner or operator of a vehicle that has been removed and placed in a vehicle storage facility without the consent of the owner or operator is entitled to a hearing on whether probable cause existed for the removal and placement. The hearing is in a justice court in the county from which the vehicle was towed (§2308.453).
How long do I have to request a tow hearing in Texas?
Under §2308.456(a), a person entitled to a hearing must deliver a written request to the court before the 14th day after the date the vehicle was removed and placed in the vehicle storage facility, excluding Saturdays, Sundays, and legal holidays. If the notice §2308.454 requires was not given, the 14-day deadline does not apply (§2308.456(c)), and the period does not begin until the towing company or storage facility provides the information needed to complete the request (§2308.456(c-1)). A person who fails to deliver a request as subsection (a) requires waives the right to a hearing (§2308.456(d)).
What does a tow hearing decide?
Under §2308.458(c), the issues for a towed vehicle are whether probable cause existed for the removal and placement of the vehicle and whether a towing charge was greater than the amount authorized by a political subdivision or under the chapter's fee sections. The person who requested the hearing has the burden of proof (§2308.458(b-1)), and the court makes written findings of fact and a conclusion of law (§2308.458(d)).
Can a tow company charge whatever it wants after a crash?
No. Section 2308.2065 says a license or permit holder may not charge a fee for a nonconsent tow that is greater than the fee established under §2308.0575 or authorized by a political subdivision, or charge for a service not on those lists, and lets the department require a refund of the excess. Cities and counties may regulate nonconsent tow fees under §2308.202.
When does the storage lot have to notify the owner?
For a vehicle registered in Texas, §2303.151(a) says the operator of a vehicle storage facility shall send a written notice to the registered owner and the primary lienholder not later than the fifth day after, but not earlier than 24 hours after, the date the operator receives the vehicle. The notice must be sent by certified mail, return receipt requested, or electronic certified mail (§2303.151(d)).
How do I find my towed car in Houston?
The Houston Police Department's Towed Vehicles FAQ says to call the tow line at 713-308-8580 or go to Findmytowedcar.com, with the VIN or license plate available. For a tow hearing, the same page points to the Harris County Justice Courts' tow hearing information.
Does a tow hearing decide an injury or property damage claim?
No. A hearing under chapter 2308 decides probable cause for the tow and whether the towing charges were greater than authorized. It does not decide responsibility for a crash or any injury or property damage claim. An attorney can advise you about your specific situation.

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