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20 Tex. Tech. Admin. L.J. 83 (2019)
A Case of Mistaken Identity: The Misclassification of Tow Hearings as Administrative Proceedings in Justice Court

handle is hein.journals/ttalr20 and id is 93 raw text is: A CASE OF MISTAKEN IDENTITY: THE MISCLASSIFICATION OF TOW HEARINGS AS ADMINISTRATIVE PROCEEDINGS IN JUSTICE COURT Brian Edward Walters* PART : INTRODUCTION ........................................... 83 PART II: Tow HEARING BASICS................................... 84 PART III: ADMINISTRATIVE PROCEEDINGS VERSUS SUITS..................... 87 A. Administrative Law, Administrative Proceedings, and Other Related Definitions............................. 87 B. Commission as the State Agency That Regulates the Occupation of Towing ..................... ..... 89 C. State and Federal Definitions of a Suit .... ............... 89 PART.IV: CLASSIFYING Tow HEARINGS UNDER THE FOREGOING STATE AND FEDERAL STANDARDS .......... ............. 90 A. Administrative Proceedings Are Not Suits........................ 90 B. Tow Hearings Are Not Administrative Proceedings ...... 91 C. Tow Hearings Are Limited-Scope Suits in a Constitutional Court of Justice .................... 91 PART V: THE RESULTS OF IMPROPER CLASSIFICATION .............. 94 A. The Theory of Tow Hearings as Administrative Proceedings Is Being Taught to Justices of the Peace in Texas .................................. ..... 94 B. Theory of Unlimited Amount in Controversy Jurisdiction in Tow Hearings .................... ........... 96 C. Proper Classification Resolves the Problems ..... ..... 98 D. Much Needed Restriction on Discretion ...... ........ 99 PART VI: CONCLUSION ............................................. 100 PART : INTRODUCTION Tow hearings are streamlined statutory suits that often involve a determination of whether probable cause exists to tow a vehicle from private property.' These proceedings have original jurisdiction in justice court and * J.D. with honors, South Texas College of Law Houston; South Texas Law Review Member; Order of the Lytae; B.A., University ofTexas at Austin; Partner, The Walters Firm PLLC in Austin, Texas. 1. TEx. OCC. CODE ANN. § 2308.452 (West 2018) (RIGHT OF OWNER OR OPERATOR OF VEHICLE TO A 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 83

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