Section 2308.451 - Payment of Cost of Removal, Storage, and Booting of Vehicle(a) If in a hearing held under this chapter the court finds that a person or law enforcement agency authorized, with probable cause, the removal and storage in a vehicle storage facility of a vehicle, the person who requested the hearing shall pay the costs of the removal and storage.(b) If in a hearing held under this chapter the court does not find that a person or law enforcement agency authorized, with probable cause, the removal and storage in a vehicle storage facility of a vehicle, the towing company, vehicle storage facility, or parking facility owner or law enforcement agency that authorized the removal shall: (1) pay the costs of the removal and storage; or(2) reimburse the owner or operator for the cost of the removal and storage paid by the owner or operator.(c) If in a hearing held under this chapter the court finds that a person authorized, with probable cause, the booting of a vehicle in a parking facility, the person who requested the hearing shall pay the costs of the booting.(c-1) If, in a hearing held under this chapter, regardless of whether the court finds that there was probable cause for the removal and storage of a vehicle, the court finds that the towing charge collected exceeded fees regulated by a political subdivision or authorized by this chapter or Chapter 2303, the towing company shall reimburse the owner or operator of the vehicle an amount equal to the overcharge.(d) If in a hearing held under this chapter the court does not find that a person authorized, with probable cause, the booting of a vehicle, the person that authorized the booting shall:(1) pay the costs of the booting and any related parking fees; or(2) reimburse the owner or operator for the cost of the booting and any related parking fees paid by the owner or operator.Tex. Occ. Code § 2308.451
Amended By Acts 2011, 82nd Leg., R.S., Ch. 91, Sec. 27.001(50), eff. 9/1/2011.Amended By Acts 2009, 81st Leg., R.S., Ch. 845, Sec. 21, eff. 9/1/2009.Amended By Acts 2009, 81st Leg., R.S., Ch. 845, Sec. 22, eff. 9/1/2009.Amended By Acts 2009, 81st Leg., R.S., Ch. 1310, Sec. 14, eff. 9/1/2009.Renumbered from Transportation Code, Section 685.002 by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 2.07, eff. 9/1/2007.Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.159(a), eff. 9/1/1997.Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. 9/1/1995.