S.B. No. 2153
AN ACT
relating to the booting of vehicles by private entities in parking
facilities; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 2308, Occupations Code,
is amended to read as follows:
CHAPTER 2308. VEHICLE TOWING AND BOOTING
SECTION 2. Section 2308.001, Occupations Code, is amended
to read as follows:
Sec. 2308.001. SHORT TITLE. This chapter may be cited as
the Texas Towing and Booting Act.
SECTION 3. Section 2308.002, Occupations Code, is amended
by amending Subdivision (1) and adding Subdivisions (1-a), (1-b),
and (1-c) to read as follows:
(1) "Advisory board" means the Towing, [and] Storage,
and Booting Advisory Board.
(1-a) "Boot" means a lockable road wheel clamp or
similar vehicle immobilization device that is designed to
immobilize a parked vehicle and prevent its movement until the
device is unlocked or removed.
(1-b) "Booting company" means a person that controls,
installs, or directs the installation and removal of one or more
boots.
(1-c) "Boot operator" means an individual who installs
or removes a boot on or from a vehicle.
SECTION 4. Subchapter A, Chapter 2308, Occupations Code, is
amended by adding Section 2308.004 to read as follows:
Sec. 2308.004. EXEMPTION. (a) This chapter does not apply
to a person who, while exercising a statutory or contractual lien
right with regard to a vehicle:
(1) installs or removes a boot; or
(2) controls, installs, or directs the installation
and removal of one or more boots.
(b) This chapter does not apply to a commercial office
building owner or manager who installs or removes a boot in the
building's parking facility.
SECTION 5. The heading to Section 2308.051, Occupations
Code, is amended to read as follows:
Sec. 2308.051. TOWING, [AND] STORAGE, AND BOOTING ADVISORY
BOARD.
SECTION 6. Subsection (a), Section 2308.051, Occupations
Code, is amended to read as follows:
(a) The advisory board consists of the following members
appointed by the presiding officer of the commission with the
approval of the commission:
(1) one representative of a towing company operating
in a county with a population of less than one million;
(2) one representative of a towing company operating
in a county with a population of one million or more;
(3) one owner of a vehicle storage facility located in
a county with a population of less than one million;
(4) one owner of a vehicle storage facility located in
a county with a population of one million or more;
(5) one parking facility owner;
(6) one law enforcement officer from a county with a
population of less than one million;
(7) one law enforcement officer from a county with a
population of one million or more; [and]
(8) one representative of property and casualty
insurers who write automobile insurance in this state; and
(9) one representative of a booting company.
SECTION 7. Subsection (a), Section 2308.057, Occupations
Code, is amended to read as follows:
(a) The commission shall adopt rules for permitting tow
trucks and licensing towing operators, [and] towing companies,
booting companies, and boot operators.
SECTION 8. Section 2308.151, Occupations Code, is amended
to read as follows:
Sec. 2308.151. LICENSE REQUIRED. Unless the person holds
an appropriate license under this subchapter, a person may not:
(1) perform towing operations; [or]
(2) operate a towing company;
(3) perform booting operations; or
(4) operate a booting company.
SECTION 9. Subchapter D, Chapter 2308, Occupations Code, is
amended by adding Sections 2308.1555 and 2308.1556 to read as
follows:
Sec. 2308.1555. BOOT OPERATOR'S LICENSE. (a) A boot
operator's license is required to install or remove a boot from a
vehicle.
(b) An applicant for a boot operator's license must be at
least 18 years of age.
Sec. 2308.1556. BOOTING COMPANY LICENSE. (a) A booting
company license is required for a person to operate a booting
company.
(b) To be eligible for a booting company license, an
applicant must submit evidence that the applicant is covered by:
(1) a general liability insurance policy on a broad
form with:
(A) a combined single limit for bodily injury and
property damage for each occurrence of at least $500,000; and
(B) an aggregate limit for all occurrences for
each policy year of at least $500,000; and
(2) an automobile liability insurance policy covering
the applicant and the applicant's employees for vehicles owned,
hired, or otherwise used in the applicant's business, with a
combined single limit for each occurrence of at least $500,000.
SECTION 10. The heading to Subchapter E, Chapter 2308,
Occupations Code, is amended to read as follows:
SUBCHAPTER E. LOCAL REGULATION OF TOWING AND BOOTING
SECTION 11. Subchapter E, Chapter 2308, Occupations Code,
is amended by adding Section 2308.2085 to read as follows:
Sec. 2308.2085. MUNICIPAL ORDINANCE REGULATING BOOTING
COMPANIES AND OPERATORS. (a) A municipality may adopt an
ordinance that is identical to the booting provisions in this
chapter or that imposes additional requirements that exceed the
minimum standards of the booting provisions in this chapter but may
not adopt an ordinance that conflicts with the booting provisions
in this chapter.
(b) A municipality may regulate the fees that may be charged
in connection with the booting of a vehicle, including associated
parking fees.
(c) A municipality may require booting companies to obtain a
permit to operate in the municipality.
SECTION 12. Subchapter F, Chapter 2308, Occupations Code,
is amended by adding Section 2308.257 to read as follows:
Sec. 2308.257. BOOTING OF UNAUTHORIZED VEHICLE. (a) A
parking facility owner may, without the consent of the owner or
operator of an unauthorized vehicle, cause a boot to be installed on
the vehicle in the parking facility if signs that comply with
Subchapter G prohibiting unauthorized vehicles are located on the
parking facility at the time of the booting and for the preceding 24
hours and remain installed at the time of the booting.
(b) A boot operator that installs a boot on a vehicle must
affix a conspicuous notice to the vehicle's front windshield or
driver's side window stating:
(1) that the vehicle has been booted and damage may
occur if the vehicle is moved;
(2) the date and time the boot was installed;
(3) the name, address, and telephone number of the
booting company;
(4) a telephone number that is answered 24 hours a day
to enable the owner or operator of the vehicle to arrange for
removal of the boot;
(5) the amount of the fee for removal of the boot and
any associated parking fees; and
(6) notice of the right of a vehicle owner or vehicle
operator to a hearing under Subchapter J.
(c) On removal of a boot, the boot operator shall provide a
receipt to the vehicle owner or operator stating:
(1) the name of the person who removed the boot;
(2) the date and time the boot was removed;
(3) the name of the person to whom the vehicle was
released;
(4) the amount of fees paid for removal of the boot and
any associated parking fees; and
(5) the right of the vehicle owner or operator to a
hearing under Subchapter J.
(d) The booting company shall maintain a copy of the receipt
at its place of business for a period of three years. A peace
officer has the right, on request, to inspect and copy the records
to determine compliance with the requirements of this section.
(e) A booting company shall accept payment by an electronic
check, debit card, or credit card for any fee or charge associated
with the removal of a boot. A booting company may not collect a fee
for any charge associated with the removal of a boot from a person
who offers to pay the charge with an electronic check, debit card,
or credit card form of payment that the booting company is not
equipped to accept.
SECTION 13. Section 2308.301, Occupations Code, is amended
to read as follows:
Sec. 2308.301. GENERAL REQUIREMENTS FOR SIGN PROHIBITING
UNAUTHORIZED VEHICLES. (a) Except as provided by Subsection
(a)(2)(B) and Section 2308.304 or 2308.305, an unauthorized vehicle
may not be towed under Section 2308.252(a)(1) or booted under
Section 2308.257 unless a sign prohibiting unauthorized vehicles on
a parking facility is:
(1) facing and conspicuously visible to the driver of
a vehicle that enters the facility;
(2) located:
(A) on the right or left side of each driveway or
curb-cut through which a vehicle can enter the facility, including
an entry from an alley abutting the facility; or
(B) at intervals along the entrance so that no
entrance is farther than 25 feet from a sign if:
(i) curbs, access barriers, landscaping, or
driveways do not establish definite vehicle entrances onto a
parking facility from a public roadway other than an alley; and
(ii) the width of an entrance exceeds 35
feet;
(3) permanently mounted on a pole, post, permanent
wall, or permanent barrier;
(4) installed on the parking facility; and
(5) installed so that the bottom edge of the sign is no
lower than five feet and no higher than eight feet above ground
level.
(b) Except as provided by Section 2308.305, an unauthorized
vehicle may be towed under Section 2308.252(a)(1) or booted under
Section 2308.257 only if each sign prohibiting unauthorized
vehicles:
(1) is made of weather-resistant material;
(2) is at least 18 inches wide and 24 inches tall;
(3) contains the international symbol for towing
vehicles;
(4) contains a statement describing who may park in
the parking facility and prohibiting all others;
(5) bears the words "Unauthorized Vehicles Will Be
Towed or Booted at Owner's or Operator's Expense";
(6) contains a statement of the days and hours of
towing and booting enforcement; and
(7) contains a number, including the area code, of a
telephone that is answered 24 hours a day to enable an owner or
operator of a vehicle to locate a towed [the] vehicle or to arrange
for removal of a boot from a vehicle.
SECTION 14. Subsections (c) and (e), Section 2308.302,
Occupations Code, are amended to read as follows:
(c) The portion of the sign immediately below the
international towing symbol must contain the words "Towing And
Booting Enforced" [or the information provided by Section
2308.301(b)(4)] in lettering at least two inches in height. The
lettering on this portion of the sign must consist of white letters
on a bright red background.
(e) The bottommost portion of the sign must contain the
telephone numbers [number] required by Section 2308.301(b), in
lettering at least one inch in height and may, if the facility owner
chooses or if an applicable municipal ordinance requires, include
the name and address of the storage facility to which an
unauthorized vehicle will be removed. The lettering on this
portion of the sign must consist of white letters on a bright red
background.
SECTION 15. The heading to Subchapter I, Chapter 2308,
Occupations Code, is amended to read as follows:
SUBCHAPTER I. REGULATION OF TOWING COMPANIES, BOOTING COMPANIES,
AND PARKING FACILITY OWNERS
SECTION 16. Section 2308.401, Occupations Code, is amended
to read as follows:
Sec. 2308.401. PARKING FACILITY OWNER PROHIBITED FROM
RECEIVING FINANCIAL GAIN FROM TOWING COMPANY OR BOOTING COMPANY.
(a) A parking facility owner may not directly or indirectly accept
anything of value from:
(1) a towing company in connection with the removal of
a vehicle from a parking facility; or
(2) a booting company in connection with booting a
vehicle in a parking facility.
(b) A parking facility owner may not have a direct or
indirect monetary interest in:
(1) a towing company that for compensation removes
unauthorized vehicles from a parking facility in which the parking
facility owner has an interest; or
(2) a booting company that for compensation boots
vehicles in a parking facility in which the parking facility owner
has an interest.
SECTION 17. Section 2308.402, Occupations Code, is amended
to read as follows:
Sec. 2308.402. TOWING COMPANY AND BOOTING COMPANY
PROHIBITED FROM FINANCIAL INVOLVEMENT WITH PARKING FACILITY OWNER.
(a) A towing company or booting company may not directly or
indirectly give anything of value to a parking facility owner in
connection with:
(1) the removal of a vehicle from a parking facility;
or
(2) the booting of a vehicle in a parking facility.
(b) A towing company or booting company may not have a
direct or indirect monetary interest in a parking facility:
(1) from which the towing company for compensation
removes unauthorized vehicles; or
(2) in which the booting company for compensation
installs boots on unauthorized vehicles.
SECTION 18. The heading to Section 2308.404, Occupations
Code, is amended to read as follows:
Sec. 2308.404. CIVIL LIABILITY OF TOWING COMPANY, BOOTING
COMPANY, OR PARKING FACILITY OWNER FOR VIOLATION OF CHAPTER.
SECTION 19. Subsections (a), (b), and (c), Section
2308.404, Occupations Code, are amended to read as follows:
(a) A towing company, booting company, or parking facility
owner who violates this chapter is liable to the owner or operator
of the vehicle that is the subject of the violation for:
(1) damages arising from the removal, [or] storage, or
booting of the vehicle; and
(2) towing, [or] storage, or booting fees assessed in
connection with the vehicle's removal, [or] storage, or booting.
(b) A vehicle's owner or operator is not required to prove
negligence of a parking facility owner, [or] towing company, or
booting company to recover under Subsection (a).
(c) A towing company, booting company, or parking facility
owner who intentionally, knowingly, or recklessly violates this
chapter is liable to the owner or operator of the vehicle that is
the subject of the violation for $300 plus three times the amount of
fees assessed in the vehicle's removal, towing, [or] storage, or
booting.
SECTION 20. The heading to Subchapter J, Chapter 2308,
Occupations Code, is amended to read as follows:
SUBCHAPTER J. RIGHTS OF OWNERS AND OPERATORS OF STORED OR BOOTED
VEHICLES
SECTION 21. The heading to Section 2308.451, Occupations
Code, is amended to read as follows:
Sec. 2308.451. PAYMENT OF COST OF REMOVAL, [AND] STORAGE,
AND BOOTING OF VEHICLE.
SECTION 22. Section 2308.451, Occupations Code, is amended
by adding Subsections (c) and (d) to read as follows:
(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.
(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.
SECTION 23. Section 2308.452, Occupations Code, is amended
to read as follows:
Sec. 2308.452. RIGHT OF OWNER OR OPERATOR OF VEHICLE TO
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 a
hearing on whether probable cause existed for the removal and
placement or booting.
SECTION 24. Section 2308.453, Occupations Code, is amended
to read as follows:
Sec. 2308.453. JURISDICTION. A hearing under this chapter
shall be in the justice court having jurisdiction in:
(1) the precinct in which the vehicle storage facility
is located; or
(2) for booted vehicles, the precinct in which the
parking facility is located.
SECTION 25. Section 2308.454, Occupations Code, is amended
by adding Subsections (c) and (d) to read as follows:
(c) If before a hearing held under this chapter the owner or
operator of a vehicle pays the costs for removal of a boot, the
booting company shall at the time of payment give the owner or
operator written notice of the person's rights under this chapter.
(d) The booting operator that places a notice on a booted
vehicle under Section 2308.257 shall include with that notice a
notice of the person's rights under this chapter.
SECTION 26. Section 2308.455, Occupations Code, is amended
to read as follows:
Sec. 2308.455. CONTENTS OF NOTICE. The notice under
Section 2308.454 must include:
(1) a statement of:
(A) the person's right to submit a request within
14 days for a court hearing to determine whether probable cause
existed to remove, or install a boot on, the vehicle;
(B) the information that a request for a hearing
must contain; and
(C) any filing fee for the hearing;
(2) the name, address, and telephone number of the
towing company that removed the vehicle or the booting company that
booted the vehicle;
(3) the name, address, and telephone number of the
vehicle storage facility in which the vehicle was placed;
(4) the name, address, and telephone number of the
person, property owner, or law enforcement agency that authorized
the removal of the vehicle; and
(5) the name, address, and telephone number of the
justice court having jurisdiction in the precinct in which the
vehicle storage facility is located or, for booted vehicles, the
name, address, and telephone number of the justice court having
jurisdiction in the precinct in which the parking facility is
located.
SECTION 27. Subsections (a) and (b), Section 2308.456,
Occupations Code, are amended to read as follows:
(a) Except as provided by Subsection (c), a person entitled
to a hearing under this chapter must deliver a written request for
the hearing to the court before the 14th day after the date the
vehicle was removed and placed in the vehicle storage facility or
booted, excluding Saturdays, Sundays, and legal holidays.
(b) A request for a hearing must contain:
(1) the name, address, and telephone number of the
owner or operator of the vehicle;
(2) the location from which the vehicle was removed or
in which the vehicle was booted;
(3) the date when the vehicle was removed or booted;
(4) the name, address, and telephone number of the
person or law enforcement agency that authorized the removal or
booting;
(5) the name, address, and telephone number of the
vehicle storage facility in which the vehicle was placed;
(6) the name, address, and telephone number of the
towing company that removed the vehicle or of the booting company
that installed a boot on the vehicle;
(7) a copy of any receipt or notification that the
owner or operator received from the towing company, the booting
company, or the vehicle storage facility; and
(8) if the vehicle was removed from or booted in a
parking facility:
(A) one or more photographs that show the
location and text of any sign posted at the facility restricting
parking of vehicles; or
(B) a statement that no sign restricting parking
was posted at the parking facility.
SECTION 28. Section 2308.458, Occupations Code, is amended
by amending Subsections (b), (c), and (e) and adding Subsections
(b-2) and (c-1) to read as follows:
(b) The court shall notify the person who requested the
hearing for a towed vehicle, the person or law enforcement agency
that authorized the removal of the vehicle, and the vehicle storage
facility in which the vehicle was placed of the date, time, and
place of the hearing in a manner provided by Rule 21a, Texas Rules
of Civil Procedure. The notice of the hearing to the person or law
enforcement agency that authorized the removal of the vehicle must
[shall] include a copy of the request for hearing.
(b-2) The court shall notify the person who requested the
hearing for a booted vehicle, the parking facility in which the
vehicle was booted, and the booting company of the date, time, and
place of the hearing in a manner provided by Rule 21a, Texas Rules
of Civil Procedure. The notice of hearing to the person that
authorized the booting of the vehicle must include a copy of the
request for hearing.
(c) The issues in a hearing regarding a towed vehicle under
this chapter are:
(1) whether probable cause existed for the removal and
placement of the vehicle;
(2) whether a towing charge imposed or collected in
connection with the removal or placement of the vehicle was greater
than the amount authorized by the political subdivision under
Section 2308.201 or 2308.202;
(3) whether a towing charge imposed or collected in
connection with the removal or placement of the vehicle was greater
than the amount authorized under Section 2308.203 or 2308.204; or
(4) whether a towing charge imposed or collected in
connection with the removal or placement of the vehicle was greater
than the amount filed with the department under Section 2308.206.
(c-1) The issues in a hearing regarding a booted vehicle
under this chapter are:
(1) whether probable cause existed for the booting of
the vehicle; and
(2) whether a boot removal charge imposed or collected
in connection with the removal of the boot from the vehicle was
greater than the amount authorized by the political subdivision
under Section 2308.2085.
(e) The court may award:
(1) court costs to the prevailing party;
(2) the reasonable cost of photographs submitted under
Section 2308.456(b)(8) to a vehicle owner or operator who is the
prevailing party;
(3) an amount equal to the amount that the towing
charge or booting removal charge and associated parking fees
exceeded fees regulated by a political subdivision or authorized by
this code or by Chapter 2303; and
(4) reimbursement of fees paid for vehicle towing,
[and] storage, or removal of a boot.
SECTION 29. Subsection (a), Section 2308.505, Occupations
Code, is amended to read as follows:
(a) A person commits an offense if the person:
(1) violates an ordinance, resolution, order, rule, or
regulation of a political subdivision adopted under Section
2308.201, [or] 2308.202, or 2308.2085 for which the political
subdivision does not prescribe the penalty;
(2) charges or collects a fee in a political
subdivision that regulates the operation of tow trucks under
Section 2308.201 or 2308.202 or booting under Section 2308.2085
that is not authorized or is greater than the authorized amount of
the fee;
(3) charges or collects a fee greater than the amount
authorized under Section 2308.204;
(4) charges or collects a fee in excess of the amount
filed with the department under Section 2308.206;
(5) violates Section 2308.205; or
(6) violates a rule of the department applicable to a
tow truck, [and] towing company, or booting company.
SECTION 30. Section 2303.058, Occupations Code, is amended
to read as follows:
Sec. 2303.058. ADVISORY BOARD. The Towing, [and] Storage,
and Booting Advisory Board under Chapter 2308 shall advise the
commission in adopting vehicle storage rules under this chapter.
SECTION 31. Promptly after this Act takes effect, the
presiding officer of the Texas Commission of Licensing and
Regulation shall appoint to the Towing, Storage, and Booting
Advisory Board one representative of a booting company as required
by Subsection (a), Section 2308.051, Occupations Code, as amended
by this Act.
SECTION 32. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2153 passed the Senate on
April 30, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2153 passed the House on
May 27, 2009, by the following vote: Yeas 138, Nays 10, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor