§ 2308.458 — HEARING.

Texas § 2308.458

• Jurisdiction: Texas
• Code OC: Occupations Code

Text

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.
(c) The issues in a hearing regarding a towed vehicle under this chapter are:
(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.

Legislative History

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.