Tow Hearing in College Station and Bryan: Deadline, Court, What to Bring

Question 1

How long do I have to ask for a tow hearing in College Station and Bryan?

Accepted Answer

The law requires a person entitled to a hearing to deliver a written request to the court before the 14th day after the vehicle was removed and placed in storage or booted, not counting Saturdays, Sundays and legal holidays. If the rights notice was not given, the deadline does not apply and the request may be made at any time. The 14-day period does not begin until the towing company or storage facility provides the information needed to fill in the request. Missing the deadline waives the hearing. Source: Occ. Code § 2308.456(a), (c), (c-1), (d) (https://statutes.capitol.texas.gov/Docs/OC/htm/OC.2308.htm#2308.456). Checked on September 28, 2026.

Question 2

Which court hears a tow hearing for a tow in College Station and Bryan, and what does it cost to file?

Accepted Answer

Court filing fee for the hearing: $54.00 (Occ. Code §§ 2308.453, 2308.456; Brazos County Justices of the Peace: Fees, Forms, and Additional Resources (updated Jan. 1, 2026); checked on October 6, 2026). A tow or boot hearing is held in a justice court in the county the vehicle was towed from (Occ. Code § 2308.453); the written request must be delivered before the 14th day after the tow or boot, not counting Saturdays, Sundays and legal holidays (§ 2308.456). Brazos County's justice-court fee table (updated January 1, 2026) lists "Tow Hearing" at $54 with no service fee, and its forms list includes a "Tow Hearing Request". Courts (Monday-Friday, 8 a.m.-4:30 p.m.): Precinct 1, 412 William D. Fitch Parkway, College Station 77845, (979) 695-0136; Precinct 2, Brazos County Admin Building, 200 S. Texas Ave., Bryan 77803, (979) 361-4190; Precinct 3, 1500 George Bush Drive, College Station 77840, (979) 693-2695; Precinct 4, Brazos County Courthouse, 300 E. 26th St., Suite 460, Bryan 77803, (979) 361-4402. Source: Occ. Code §§ 2308.453, 2308.456; Brazos County Justices of the Peace: Fees, Forms, and Additional Resources (updated Jan. 1, 2026) (https://brazoscountytx.gov/justices-of-the-peace/forms-and-notices/). Checked on October 6, 2026. The law entitles the owner or operator of a vehicle removed and placed in a vehicle storage facility, or booted, without consent to a hearing on whether probable cause existed for the removal and placement or booting. The hearing is in any justice court in the county the vehicle was towed from, or, for boots, the county where the parking facility is located. Source: Occ. Code §§ 2308.452, 2308.453 (https://statutes.capitol.texas.gov/Docs/OC/htm/OC.2308.htm#2308.452). Checked on September 28, 2026.

Question 3

What notice of hearing rights must the tow company or storage lot give?

Accepted Answer

The law requires the towing company or vehicle storage facility that receives payment of removal or storage costs before a hearing to give the owner or operator, at the time of payment, written notice of the person's rights under ch. 2308. A storage facility that mails the ch. 2303 notice must include the rights notice with it. A booting company must give the rights notice when paid, and the boot notice on the vehicle must include it. Source: Occ. Code § 2308.454(a)-(d) (https://statutes.capitol.texas.gov/Docs/OC/htm/OC.2308.htm#2308.454). Checked on September 28, 2026. The law requires the rights notice to state the right to request a court hearing within 14 days on probable cause, what the request must contain, any filing fee, and the right to request the hearing in any justice court in the county of the tow (or of the parking facility for boots); and to give the names, addresses and phone numbers of the towing or booting company, the storage facility (with county), the person, parking facility owner or law enforcement agency that authorized the removal (with full street address), and each justice court in the county (or a state court-directory website). Source: Occ. Code § 2308.455 (https://statutes.capitol.texas.gov/Docs/OC/htm/OC.2308.htm#2308.455). Checked on September 28, 2026. The TDLR rule requires a storage facility, when releasing a vehicle, to comply with the hearing-rights provisions of Occ. Code ch. 2308 subch. J, including giving the names, addresses and phone numbers of each justice court in the county (or the state court-directory website) and of the person or law enforcement agency that authorized the tow, and to give the owner or representative a tow ticket. A combined tow ticket and storage invoice must separate "Tow Charges" from "Storage Charges" and show the tow charges exactly as on the tow operator's ticket. Source: 16 Tex. Admin. Code § 85.710(a)(1)-(2) (https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166393&interface=VIEW_TAC_SUMMARY). Checked on October 6, 2026.

Question 4

What must the written hearing request include?

Accepted Answer

The law requires the hearing request to contain: the owner's or operator's name, address and phone; where the vehicle was removed or booted; the date; the name, address and phone of the person or law enforcement agency that authorized it; of the storage facility; and of the towing or booting company; a copy of any receipt or notification received; and, for a parking-facility tow or boot, photographs showing the location and text of any sign restricting parking, or a statement that no sign was posted. Source: Occ. Code § 2308.456(b) (https://statutes.capitol.texas.gov/Docs/OC/htm/OC.2308.htm#2308.456). Checked on September 28, 2026.

Question 5

What does the court decide at the hearing?

Accepted Answer

The law requires the hearing to be held before the 21st calendar day after the court receives the request. The court must notify the requester, the parking facility owner or law enforcement agency that authorized the removal, the towing company and the storage facility of the date, time and place under Texas Rule of Civil Procedure 21a, and the notice to the tow company and the authorizer must include a copy of the request. For boots, the court notifies the requester, the parking facility and the booting company. Source: Occ. Code § 2308.458(a), (b), (b-2) (https://statutes.capitol.texas.gov/Docs/OC/htm/OC.2308.htm#2308.458). Checked on September 28, 2026. The law places the burden of proof at the tow hearing on the person who requested it, and allows hearsay evidence if the justice of the peace considers it otherwise reliable. Source: Occ. Code § 2308.458(b-1) (https://statutes.capitol.texas.gov/Docs/OC/htm/OC.2308.htm#2308.458). Checked on September 28, 2026. The law limits the issues at a tow hearing to whether probable cause existed for the removal and placement, and whether a towing charge imposed or collected exceeded the amount authorized by the political subdivision (§§ 2308.201-.202), under a fee study (§ 2308.203), or by TDLR rule (§ 2308.0575). For a boot, the issues are probable cause and whether the boot removal charge exceeded the amount authorized by the political subdivision under § 2308.2085. The court must make written findings of fact and a conclusion of law. Source: Occ. Code § 2308.458(c), (c-1), (d) (https://statutes.capitol.texas.gov/Docs/OC/htm/OC.2308.htm#2308.458). Checked on September 28, 2026. The law lets the court at a tow hearing award court costs and attorney's fees to the prevailing party; the reasonable cost of the sign photographs to a prevailing owner or operator; the amount by which the towing or boot removal charge and associated parking fees exceeded fees regulated by a political subdivision or authorized by the Occupations Code or ch. 2303; and reimbursement of fees paid for towing, storage or boot removal. Source: Occ. Code § 2308.458(e) (https://statutes.capitol.texas.gov/Docs/OC/htm/OC.2308.htm#2308.458). Checked on September 28, 2026.