BOOTING AND TOWING DELINQUENT VEHICLES AND OTHER ENFORCEMENT PROVISIONS

Houston Code of Ordinances ch. 26, art. V

in effect

Houston Code of Ordinances § 26-261 Definitions.

Sec. 26-261. - Definitions. As used in this article the following words and phrases shall have the meanings ascribed in this section, unless the context of their usage clearly indicates another meaning: Boot means a lockable road wheel clamp or similar vehicle immobilization device, which is designed to immobilize a parked vehicle and prevent its operation until the device is unlocked and removed, or (verb) the act of installing such a device. City vehicle compound means a vehicle storage facility to which vehicles owned by persons other than the city are towed upon direction of peace officers and other authorized personnel of the city. The term includes both facilities that are owned and operated by the city and facilities that are designated by contract with the city to act as city vehicle compounds for purposes of this article. Delinquent vehicle means any vehicle on which three or more unresolved parking citations are outstanding or on which any single unresolved parking citation related to parking in a space designated for a transport vehicle for a person with disabilities is outstanding, which citations were issued during the time the vehicle has been registered to or otherwise held by the owner. Delinquent status attaches to the registered owner who receives the citation and applies to any vehicle currently or subsequently registered to that owner, regardless of a change in vehicle ownership, license plate, or vehicle registration. Delinquent vehicle list means the current delinquent vehicle list as maintained by the parking official under section 26-263 of this Code. Officer means any peace officer employed by the city and any other city employee, whether a peace officer or not, who is designated by the parking official to place and remove boots or to cause vehicles to be towed under this article. The city may also authorize persons who are not city employees to act as "officers" for the purpose of installing or removing boots by contract. Owner means the person registered with the state as the present owner of a vehicle in the most current registration records available to the city, or any transferee not designated in such records, provided that the parking official has received actual notice of the transfer. Parking citation means a citation, returnable in the municipal courts of the city, issued for the alleged violation of any city ordinance or state penal law regarding the parking of vehicles. Unresolved, with respect to a "parking citation," means a citation issued and not cleared by an appearance within 30 days of issuance. Vehicle means either a "motor vehicle" or a "trailer" as those terms are defined in section 45-2 of this Code, provided that it shall not include a vehicle registered to any governmental entity or agency thereof. (Ord. No. 07-464, § 7(Exh. B), 4-11-07; Ord. No. 2011-1175, § 13, 12-14-2011; Ord. No. 2026-0803, §§ 11, 12, 9-23-2026)

Houston Code of Ordinances § 26-262 Purpose.

Sec. 26-262. - Purpose. Pursuant to the provisions of this article an officer may cause a delinquent vehicle designated on the delinquent vehicle list to be booted, or towed, or both. (Ord. No. 07-464, § 7(Exh. B), 4-11-07)

Houston Code of Ordinances § 26-263 Delinquent vehicle list.

Sec. 26-263. - Delinquent vehicle list. (a) The parking official shall be responsible for creating and maintaining the delinquent vehicle list. (b) A delinquent vehicle may be placed on the delinquent vehicle list after notice has been issued as provided in subsection (c), and a hearing, if requested, under subsection (d). (c) At least 15 days prior to placing a delinquent vehicle on the delinquent vehicle list, the parking official shall mail a notice to the owner, at the address stated on the most current registration records available to the city from the state, or any more current address of which the parking official has actual notice, by first-class United States mail, postage prepaid. When the Texas Department of Transportation does not have current registration records for a vehicle, a self-adhering notice placed on the vehicle or handed to the vehicle operator by an officer will be deemed sufficient notice. The notice shall set forth: (1) The license plate number of the alleged delinquent vehicle; (2) A date certain on which the delinquent vehicle will be subject to placement on the delinquent vehicle list; (3) A list of the three or more alleged unresolved parking citations or the single unresolved parking citation related to parking in a space designated for a transport vehicle for a person with disabilities, including the citation number, date, time, place of the violation, and the nature of the violation; (4) That the owner may avoid the vehicle's being placed on the delinquent vehicle list by making an appearance on the unresolved parking citations; (5) The name, mailing address (and street address if different), and telephone number of a city office or agency that may be contacted for a hearing if any of the alleged unresolved parking citations has been resolved by appearance, or if the recipient was not the owner of the vehicle when any of the alleged unresolved parking citations was issued, or if the title to the vehicle has been transferred since the unresolved parking citations were issued; and (6) That administrative fees, boot fees, and towing/storage fees may be payable to obtain the release of a vehicle booted or towed pursuant to this article in addition to appearance on any unresolved parking citations. For a vehicle that is not yet a delinquent vehicle, the notice required under this section may be mailed, adhered to the vehicle, or handed to the vehicle owner or operator by an officer advising that there are already two unresolved parking citations and that a third parking citation (which shall also be specified in the notice) will become unresolved if an appearance is not made thereon by the date specified for placement of the vehicle on the delinquent vehicle list. (d) After expiration of the date certain provided in the notice issued under subsection (c), the parking official shall review the records to ensure that the alleged unresolved citations have not been resolved by appearance, and that no information has been received indicating that the notice was erroneous. The parking official shall not have the authority to adjudicate any parking citation; however, he shall meet with any person desiring to present evidence that a notice given under subsection (c) is erroneous, shall afford the person an opportunity to present any relevant evidence on the matter, and shall mail or otherwise furnish a written notice to the person of his decision. If the request for a hearing is received by the clerk of the municipal courts before the date specified in the notice for placement of the vehicle on the delinquent vehicle list, then the clerk shall notify the parking official of the request for hearing and afford the applicant an opportunity for a hearing prior to placement of the vehicle on the delinquent vehicle list. If the applicant timely appears for the hearing as scheduled, the clerk shall furnish the parking official and the applicant written notice of the adjudication hearing officer's decision. (e) Once a vehicle has been placed on the delinquent vehicle list it shall not be removed from the list unless and until: (1) All unresolved parking citations issued during the time it has been registered to or otherwise held by the owner are resolved by appearance; (2) The parking official receives reliable information that the vehicle was not registered to its current owner at the time the unresolved citations were issued; (3) The parking official receives reliable information that title to the vehicle has been transferred; or (4) The parking official determines that the placement of the vehicle on the delinquent vehicle list was erroneous. (Ord. No. 07-464, § 7(Exh. B), 4-11-07; Ord. No. 09-2, § 15, 1-7-09; Ord. No. 2010-846, § 11, 11-3-2010; Ord. No. 2011-1175, §§ 14, 15, 12-14-2011)

Houston Code of Ordinances § 26-264 Booting or towing procedures.

Sec. 26-264. - Booting or towing procedures. (a) An officer may boot any vehicle then parked, lawfully or unlawfully, upon any street or highway within the city, or upon any other property under the ownership or control of the city. An officer may also boot any vehicle on property not owned or controlled by the city provided that parking citations may lawfully be issued for violation of city or state laws regarding the parking of vehicles on the property and further provided that the owner of the property gives written consent to the parking official for the installation of boots on the property. An officer may cause the vehicle to be towed in lieu of being booted: (1) If the vehicle, when located by the officer, was parked in violation of any city ordinance or state penal law relating to parking of vehicles; (2) Under any circumstances in which towing by a peace officer is authorized by city ordinance or state law; (3) If the location, configuration or size of the vehicle's tires, wheels, fender wells or other components makes the installation of any available boot owned by the city impracticable; (4) If, based upon the age, model and condition of the vehicle, or the incidence of vehicular crimes in the area where the vehicle is located, or other relevant factors, the officer reasonably believes that there is a significant possibility of theft or damage relating to the vehicle if it is immobilized in place; (5) If the owner has been convicted of any crime relating to the removal of, tampering with or theft of a boot previously installed by the city on any vehicle; or (6) If the owner or operator of the vehicle requests, in writing, that the vehicle be towed. A vehicle that has already been booted may be towed by an officer if any of the circumstances enumerated in items (1) through (6) above exists, or if: (7) The owner has not made arrangements with the parking official to secure removal of the boot within 72 hours after its installation; or (8) The vehicle remains immobilized in any zone where parking is prohibited during certain hours until the commencement of the restricted hours. (b) At the time of booting or towing of a vehicle under this article the officer shall: (1) Check or cause to be checked the appropriate records to ensure that the vehicle is properly listed on the delinquent vehicle list; (2) Check or cause to be checked the most current vehicle registration records available to the city to ensure that the ownership of the vehicle is not reflected to have changed from that specified on the delinquent vehicle list; (3) If booted, notify any office designated by the parking official and place a conspicuous notice or notices in a form approved by the director on the vehicle warning the operator or any other person not to attempt to move the vehicle and advising the operator of the means by which the boot may be removed, and if a self-release vehicle immobilization device is used, the location where the device must be returned and the time frame within which it must be returned, including the right of the hearing; provided, however, that the officer may hand the notice or notices to vehicle owner or operator who is present and objects to the placement of a notice on the vehicle; and (4) If towed, notify the police dispatcher and any other office designated by the director so that they may respond promptly to any inquiry about the vehicle's disappearance. (c) A vehicle may be booted or towed at any time on any day. A hearing requested pursuant to section 26-266 of this Code shall be conducted within two business days of such request. (d) Vehicles shall be towed to a storage lot operated by the city or to a city-licensed storage lot operated under contract with the city. Each lot that is utilized shall have an attendant on duty or available for the release of vehicles from at least 6:00 a.m. to 9:00 p.m., Monday through Saturday, city observed holidays excepted, and shall have an attendant on call who will come to the lot upon one hour's notice at all other times. (e) The parking official shall ensure that officers are available, either on duty or on call, to remove boots from vehicles Monday through Saturday, from 7:00 a.m. through 7:00 p.m. An officer shall remain on duty until at least two hours after a boot is installed. At other times, an officer shall be on call to remove a boot upon two hours' notice. This requirement shall not apply when the vehicle is equipped with a self-release or electronically controlled immobilization device that may be lawfully released by the owner or operator. (f) If a vehicle is immobilized using a self-release vehicle immobilization device, the owner or operator shall return the device to the location designated by the notice within 24 hours after the device is released. (Ord. No. 07-464, § 7(Exh. B), 4-11-07; Ord. No. 2010-1016, § 2, 12-15-2010; Ord. No. 2011-1175, §§ 16—18, 12-14-2011; Ord. No. 2026-0803, §§ 13—15, 9-23-2026)

Houston Code of Ordinances § 26-265 Fees, release.

Sec. 26-265. - Fees, release. Except as provided in section 26-266 of this Code, the claimant of a vehicle may not secure the release of the vehicle until an appearance has been made on all unresolved parking citations relating to the vehicle which were issued while the vehicle was owned by the person who owned the vehicle at the time it is booted or towed hereunder, and the claimant has paid the following fees, as applicable: (1) The administrative fee stated for this provision in the city fee schedule, if the vehicle has been booted or towed, or both, to defray the city's administrative costs in placing the vehicle on the delinquent vehicle list and related expenses under this article. (2) The boot fee stated for this provision in the city fee schedule, if the vehicle has been booted, to defray the city's costs of installing, removing and maintaining the boot. (3) Towing/storage and related fees, if the vehicle has been towed, in an amount established by the director, based upon the city's cost or upon the fees imposed by the city's contractors, as applicable. If the vehicle has been towed and stored by city contractors, then the parking official may provide that the towing/storage fees be paid directly to the contractors, rather than to the city. Towed vehicles that are not redeemed within 30 days shall be subject to disposition in the same manner provided by Chapter 683, Texas Transportation Code, for sale of abandoned motor vehicles by police auction after notice to the owner and lienholders. No person shall be permitted to claim a vehicle without proof of identity. If the person claiming the vehicle is not the owner or a family member residing at the same address as the owner, based upon the most current vehicle registration data available to the city, then proof shall also be required that the claimant is the owner or is redeeming the vehicle with the consent of the owner. All fees and/or revenues generated from fees imposed under this section shall be deposited to the ParkHouston special revenue fund. (Ord. No. 07-464, § 7(Exh. B), 4-11-07; ; Ord. No. 2011-1168, § 13, 12-14-2011; Ord. No. 2011-1175, § 19, 12-14-2011; Ord. No. 2020-348, § 10, 4-29-2020)

Houston Code of Ordinances § 26-266 Hearing.

Sec. 26-266. - Hearing. (a) The presiding judge of the municipal courts department shall designate one or more persons to act as adjudication hearing officers to conduct post-deprivation hearings for persons whose vehicles have been booted or towed under this article. (b) Hearings shall be conducted on a first-come, first-served basis without the necessity of a prior appointment. The hours when hearings will be conducted and the place or places where they will be conducted shall be established by the presiding judge of the municipal courts department, provided that hearings shall be conducted at least between 9:00 a.m. and 6:00 p.m., on Mondays through Fridays, city observed holidays excepted. (c) The applicant may secure release of the vehicle pending the hearing by making an appearance on the unresolved parking citations and posting a bond for the administrative and boot fees prescribed in section 26-265 of this Code, as applicable. If a bond is posted then a hearing may then be scheduled for a date and time certain, and the vehicle shall be released. If the vehicle has been towed, then the applicant shall also be required to post a bond for the towing/storage fees or to make payment of the towing/storage fees to the city's contractor, as applicable, subject to reimbursement as provided in subsection (f), below. (d) The adjudication hearing officer shall be a person who is not associated with the maintenance of the delinquent vehicle list, nor shall the adjudication hearing officer hear any appeal in which he has personally participated in any decision relating to the booting or towing of the vehicle. (e) The only issues before the adjudication hearing officer will be whether or not the vehicle was a delinquent vehicle owned by the person designated on the delinquent vehicle list at the time it was booted or towed under this article and whether the city has complied with this article in placing it on the delinquent vehicle list and causing it to be booted or towed, or both. The adjudication hearing officer shall have no authority to adjudicate any unresolved parking citation. The adjudication hearing officer may consider any competent evidence, including, but not limited to, public records and testimony from the applicant and city employees. The applicant may be represented by legal counsel and may cross-examine any witness presented by the city. Each applicant must appear at the hearing and shall be subject to examination on any matter relevant to the issues before the adjudication hearing officer. The adjudication hearing officer shall announce and record his decision within one hour following the conclusion of the hearing. (f) If the adjudication hearing officer determines that the vehicle was not a delinquent vehicle owned by the person designated on the delinquent vehicle list at the time it was booted or towed under this article, or that the city has not complied with this article in placing the vehicle on the delinquent vehicle list and causing it to be booted or towed, or both, then the vehicle shall be ordered released without payment of the fees prescribed in section 26-265 of this Code. Vehicle storage and related fees shall be payable for each twenty-four-hour period or portion thereof that a towed vehicle remains in storage after the adjudication hearing officer orders its release if not reclaimed within 24 hours after the adjudication hearing officer orders its release. If a bond had been posted for the administrative, boot, or towing/storage fees prescribed in section 26-265 of this Code, the bond shall be ordered to be refunded to the applicant. Furthermore, the city shall reimburse the applicant for any towing/storage fees that the applicant may have paid to a city contractor in order to secure release of the vehicle if those fees have been directly incurred by the applicant. (g) A hearing under this section must be requested within ten days after the initial booting or towing of the vehicle by the city. A hearing requested thereafter will be granted if the city has not disposed of the vehicle, provided the owner must pay the vehicle storage and related fees for each day after the tenth day until the vehicle is reclaimed, regardless of the adjudication hearing officer's determination. (h) In any instance in which a vehicle has been towed to a vehicle storage facility not owned by the city, then the applicant may alternatively request a hearing under Section 2308.452 of the Texas Occupations Code, before the justice court in the time and manner provided by Section 2308.456 of the Texas Occupations Code. The justices of the justice courts and the judges of the municipal courts shall have no authority to adjudicate any fee imposed under section 26-265 of this Code, or to order any release of a vehicle without payment of applicable fees, or to order a refund of applicable fees. (Ord. No. 07-464, § 7(Exh. B), 4-11-07; Ord. No. 2010-846, § 12, 11-3-2010; Ord. No. 2011-1175, §§ 20—22, 12-14-2011)

Houston Code of Ordinances § 26-267 Certain conduct unlawful.

Sec. 26-267. - Certain conduct unlawful. (a) It shall be unlawful for any person, other than an officer, employee of the city, or other authorized person acting in the course and scope of his duties under this article, to remove or attempt to remove, to tamper in any manner with, or damage a boot installed on any vehicle pursuant to this article. (b) It shall be unlawful for any person, except under the written direction of a peace officer, to tow or move or to cause to be towed or moved any vehicle on which a boot is then installed pursuant to this article from the place where it was booted. (c) It shall be unlawful for any person, other than an officer or employee of the city acting in the course and scope of his duties or the owner or operator of a booted vehicle, to remove or relocate any notice placed upon a booted vehicle pursuant to this article. (d) Any offense under this section shall be punishable upon conviction by a fine of not less than $200.00 nor more than $500.00, and each day that any violation continues shall constitute a separate offense. To the extent that any conduct declared to be unlawful under this section also constitutes a violation of any valid and applicable state law, then such unlawful conduct shall be punishable as provided by state law. (Ord. No. 07-464, § 7(Exh. B), 4-11-07; Ord. No. 2023-548, § 13, 7-12-2023; Ord. No. 2026-0803, § 16, 9-23-2026)

Houston Code of Ordinances § 26-268 Release of vehicles from city vehicle compound.

Sec. 26-268. - Release of vehicles from city vehicle compound. A vehicle that is towed to a city vehicle compound for reasons initially unrelated to the booting or towing procedures established under this article shall not be released until it has been verified that the vehicle does not appear on the delinquent vehicle list. If the vehicle appears on the delinquent vehicle list and if a review of the most current vehicle registration records available to the city indicates that the ownership of the vehicle has not changed from that reflected on the delinquent vehicle list, then the vehicle shall be subject to the fee and release provisions of section 26-265 of this Code and hearing provisions of section 26-266 of this Code. This section shall apply without regard to the day or the time that the vehicle was initially towed. However, if the towing was not initiated at a time otherwise authorized for towing under subsection (c) of section 26-264, then the presiding judge of the municipal courts department shall ensure that a hearing is afforded within two hours of a request therefor or alternatively the parking official shall authorize the vehicle to be released without resolution of the parking citations. (Ord. No. 07-464, § 7(Exh. B), 4-11-07; Ord. No. 2010-846, § 13, 11-3-2010)

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH26PA_ARTVBOTODEVEOTENPRFetched: 10/26/2026