Tow Hearing Jurisdiction

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Tow hearing jurisdiction is often a confusing issue for tow operators, especially since the jurisdiction has changed a couple of times in the last several years. Southwest Tow Operators has worked hard on this issue to make it fair and easy for the tow operator and the consumer to determine where to go for a tow hearing.

The tow hearing jurisdiction is now in the county where the vehicle was towed from. You have to give the vehicle owner notice of his rights to a tow hearing and EITHER a list of all the Justices of the Peace in the county where the vehicle was towed, or this website address: http://card.txcourts.gov/DirectorySearch.aspx. You no longer have to list a specific Justice of the Peace name and address on your notice and/or invoice.

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.

Sec. 2308.455. Contents of Notice.

The notice under Section 2308.454 must include:

(1) a statement of:

(A) the person's right to submit a request within 14 days for a court hearing to determine whether probable cause existed to remove, or install a boot on, the vehicle;

(B) the information that a request for a hearing must contain;

(C) any filing fee for the hearing; and

(D) the person's right to request a hearing in any justice court in:

(i) the county from which the vehicle was towed; or

(ii) for booted vehicles, the county in which the parking facility is located.

(2) the name, address, and telephone number of the towing company that removed the vehicle or the booting company that booted the vehicle;

(3) the name, address, telephone number, and county of the vehicle storage facility in which the vehicle was placed;

(4) the name, street including city, state, and zip code, and telephone number of the person, parking facility owner, or law enforcement agency that authorized the removal of the vehicle; and

(5) the name, address, and telephone number of each justice court in the county from which the vehicle was towed or, for booted vehicles, the county in which the parking facility is located, or the address of an Internet website maintained by the Office of Court Administration of the Texas Judicial System that contains the name, address, and telephone number of each justice court in that county.

Website address: http://card.txcourts.gov/DirectorySearch.aspx