Booting on Private Property – § 2308.257 Violations
Tex. Occ. Code § 2308.257 sets strict requirements for any vehicle boot on private property: (1) the booting company must be TDLR-licensed; (2) the lot must have § 2308.301-compliant signage; (3) booting operator must affix a notice on the windshield with the boot company's name, address, phone (24/7), the maximum fee, and the right to a hearing under § 2308.452; (4) boot must be removed within 1 hour of payment under § 2308.258. Failure of any element entitles the vehicle owner to a hearing, refund, and possibly $1,000 + treble damages under § 2308.404. Booting fees are capped under § 2308.2085 by political subdivision (typically $50-$150).
Legal basis
Texas Occupations Code §§ 2308.257, 2308.258, 2308.2085, 2308.452-458, 2308.404
Sample appeal wording
TO: Justice of the Peace, Precinct [PRECINCT], [COUNTY] County RE: Request for Boot Hearing under Tex. Occ. Code §§ 2308.452, 2308.456 My vehicle was booted at [LOCATION] on [DATE/TIME] by [BOOTING COMPANY]. I dispute probable cause for the boot and challenge the fee charged. Specific violations: [SELECT — Operator was not TDLR-licensed (TDLR search result attached); Signage failed §§ 2308.301-2308.303 (photos attached); No statutory windshield notice was affixed under § 2308.257; Boot was not removed within 1 hour of payment per § 2308.258 (timestamps attached); Boot fee charged ($[X]) exceeded the cap set by [POLITICAL SUBDIVISION] under § 2308.2085 (max $[Y])]. Relief sought under § 2308.458(e): full refund, court costs, attorney's fees, photograph costs, and § 2308.404(c) damages of $1,000 + 3× fees if knowing/reckless. Signed: ____________ Date: __________
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Texas Occupations Code §§ 2308.257-2308.258, 2308.2085, 2308.452-458
- TDLR Booting program rules