1 | 1 | | S.B. No. 2153 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to the booting of vehicles by private entities in parking |
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6 | 6 | | facilities; providing penalties. |
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7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 8 | | SECTION 1. The heading to Chapter 2308, Occupations Code, |
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9 | 9 | | is amended to read as follows: |
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10 | 10 | | CHAPTER 2308. VEHICLE TOWING AND BOOTING |
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11 | 11 | | SECTION 2. Section 2308.001, Occupations Code, is amended |
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12 | 12 | | to read as follows: |
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13 | 13 | | Sec. 2308.001. SHORT TITLE. This chapter may be cited as |
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14 | 14 | | the Texas Towing and Booting Act. |
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15 | 15 | | SECTION 3. Section 2308.002, Occupations Code, is amended |
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16 | 16 | | by amending Subdivision (1) and adding Subdivisions (1-a), (1-b), |
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17 | 17 | | and (1-c) to read as follows: |
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18 | 18 | | (1) "Advisory board" means the Towing, [and] Storage, |
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19 | 19 | | and Booting Advisory Board. |
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20 | 20 | | (1-a) "Boot" means a lockable road wheel clamp or |
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21 | 21 | | similar vehicle immobilization device that is designed to |
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22 | 22 | | immobilize a parked vehicle and prevent its movement until the |
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23 | 23 | | device is unlocked or removed. |
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24 | 24 | | (1-b) "Booting company" means a person that controls, |
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25 | 25 | | installs, or directs the installation and removal of one or more |
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26 | 26 | | boots. |
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27 | 27 | | (1-c) "Boot operator" means an individual who installs |
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28 | 28 | | or removes a boot on or from a vehicle. |
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29 | 29 | | SECTION 4. Subchapter A, Chapter 2308, Occupations Code, is |
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30 | 30 | | amended by adding Section 2308.004 to read as follows: |
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31 | 31 | | Sec. 2308.004. EXEMPTION. (a) This chapter does not apply |
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32 | 32 | | to a person who, while exercising a statutory or contractual lien |
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33 | 33 | | right with regard to a vehicle: |
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34 | 34 | | (1) installs or removes a boot; or |
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35 | 35 | | (2) controls, installs, or directs the installation |
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36 | 36 | | and removal of one or more boots. |
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37 | 37 | | (b) This chapter does not apply to a commercial office |
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38 | 38 | | building owner or manager who installs or removes a boot in the |
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39 | 39 | | building's parking facility. |
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40 | 40 | | SECTION 5. The heading to Section 2308.051, Occupations |
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41 | 41 | | Code, is amended to read as follows: |
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42 | 42 | | Sec. 2308.051. TOWING, [AND] STORAGE, AND BOOTING ADVISORY |
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43 | 43 | | BOARD. |
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44 | 44 | | SECTION 6. Subsection (a), Section 2308.051, Occupations |
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45 | 45 | | Code, is amended to read as follows: |
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46 | 46 | | (a) The advisory board consists of the following members |
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47 | 47 | | appointed by the presiding officer of the commission with the |
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48 | 48 | | approval of the commission: |
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49 | 49 | | (1) one representative of a towing company operating |
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50 | 50 | | in a county with a population of less than one million; |
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51 | 51 | | (2) one representative of a towing company operating |
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52 | 52 | | in a county with a population of one million or more; |
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53 | 53 | | (3) one owner of a vehicle storage facility located in |
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54 | 54 | | a county with a population of less than one million; |
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55 | 55 | | (4) one owner of a vehicle storage facility located in |
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56 | 56 | | a county with a population of one million or more; |
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57 | 57 | | (5) one parking facility owner; |
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58 | 58 | | (6) one law enforcement officer from a county with a |
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59 | 59 | | population of less than one million; |
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60 | 60 | | (7) one law enforcement officer from a county with a |
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61 | 61 | | population of one million or more; [and] |
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62 | 62 | | (8) one representative of property and casualty |
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63 | 63 | | insurers who write automobile insurance in this state; and |
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64 | 64 | | (9) one representative of a booting company. |
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65 | 65 | | SECTION 7. Subsection (a), Section 2308.057, Occupations |
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66 | 66 | | Code, is amended to read as follows: |
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67 | 67 | | (a) The commission shall adopt rules for permitting tow |
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68 | 68 | | trucks and licensing towing operators, [and] towing companies, |
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69 | 69 | | booting companies, and boot operators. |
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70 | 70 | | SECTION 8. Section 2308.151, Occupations Code, is amended |
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71 | 71 | | to read as follows: |
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72 | 72 | | Sec. 2308.151. LICENSE REQUIRED. Unless the person holds |
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73 | 73 | | an appropriate license under this subchapter, a person may not: |
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74 | 74 | | (1) perform towing operations; [or] |
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75 | 75 | | (2) operate a towing company; |
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76 | 76 | | (3) perform booting operations; or |
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77 | 77 | | (4) operate a booting company. |
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78 | 78 | | SECTION 9. Subchapter D, Chapter 2308, Occupations Code, is |
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79 | 79 | | amended by adding Sections 2308.1555 and 2308.1556 to read as |
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80 | 80 | | follows: |
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81 | 81 | | Sec. 2308.1555. BOOT OPERATOR'S LICENSE. (a) A boot |
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82 | 82 | | operator's license is required to install or remove a boot from a |
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83 | 83 | | vehicle. |
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84 | 84 | | (b) An applicant for a boot operator's license must be at |
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85 | 85 | | least 18 years of age. |
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86 | 86 | | Sec. 2308.1556. BOOTING COMPANY LICENSE. (a) A booting |
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87 | 87 | | company license is required for a person to operate a booting |
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88 | 88 | | company. |
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89 | 89 | | (b) To be eligible for a booting company license, an |
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90 | 90 | | applicant must submit evidence that the applicant is covered by: |
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91 | 91 | | (1) a general liability insurance policy on a broad |
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92 | 92 | | form with: |
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93 | 93 | | (A) a combined single limit for bodily injury and |
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94 | 94 | | property damage for each occurrence of at least $500,000; and |
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95 | 95 | | (B) an aggregate limit for all occurrences for |
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96 | 96 | | each policy year of at least $500,000; and |
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97 | 97 | | (2) an automobile liability insurance policy covering |
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98 | 98 | | the applicant and the applicant's employees for vehicles owned, |
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99 | 99 | | hired, or otherwise used in the applicant's business, with a |
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100 | 100 | | combined single limit for each occurrence of at least $500,000. |
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101 | 101 | | SECTION 10. The heading to Subchapter E, Chapter 2308, |
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102 | 102 | | Occupations Code, is amended to read as follows: |
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103 | 103 | | SUBCHAPTER E. LOCAL REGULATION OF TOWING AND BOOTING |
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104 | 104 | | SECTION 11. Subchapter E, Chapter 2308, Occupations Code, |
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105 | 105 | | is amended by adding Section 2308.2085 to read as follows: |
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106 | 106 | | Sec. 2308.2085. MUNICIPAL ORDINANCE REGULATING BOOTING |
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107 | 107 | | COMPANIES AND OPERATORS. (a) A municipality may adopt an |
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108 | 108 | | ordinance that is identical to the booting provisions in this |
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109 | 109 | | chapter or that imposes additional requirements that exceed the |
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110 | 110 | | minimum standards of the booting provisions in this chapter but may |
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111 | 111 | | not adopt an ordinance that conflicts with the booting provisions |
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112 | 112 | | in this chapter. |
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113 | 113 | | (b) A municipality may regulate the fees that may be charged |
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114 | 114 | | in connection with the booting of a vehicle, including associated |
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115 | 115 | | parking fees. |
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116 | 116 | | (c) A municipality may require booting companies to obtain a |
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117 | 117 | | permit to operate in the municipality. |
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118 | 118 | | SECTION 12. Subchapter F, Chapter 2308, Occupations Code, |
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119 | 119 | | is amended by adding Section 2308.257 to read as follows: |
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120 | 120 | | Sec. 2308.257. BOOTING OF UNAUTHORIZED VEHICLE. (a) A |
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121 | 121 | | parking facility owner may, without the consent of the owner or |
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122 | 122 | | operator of an unauthorized vehicle, cause a boot to be installed on |
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123 | 123 | | the vehicle in the parking facility if signs that comply with |
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124 | 124 | | Subchapter G prohibiting unauthorized vehicles are located on the |
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125 | 125 | | parking facility at the time of the booting and for the preceding 24 |
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126 | 126 | | hours and remain installed at the time of the booting. |
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127 | 127 | | (b) A boot operator that installs a boot on a vehicle must |
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128 | 128 | | affix a conspicuous notice to the vehicle's front windshield or |
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129 | 129 | | driver's side window stating: |
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130 | 130 | | (1) that the vehicle has been booted and damage may |
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131 | 131 | | occur if the vehicle is moved; |
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132 | 132 | | (2) the date and time the boot was installed; |
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133 | 133 | | (3) the name, address, and telephone number of the |
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134 | 134 | | booting company; |
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135 | 135 | | (4) a telephone number that is answered 24 hours a day |
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136 | 136 | | to enable the owner or operator of the vehicle to arrange for |
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137 | 137 | | removal of the boot; |
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138 | 138 | | (5) the amount of the fee for removal of the boot and |
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139 | 139 | | any associated parking fees; and |
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140 | 140 | | (6) notice of the right of a vehicle owner or vehicle |
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141 | 141 | | operator to a hearing under Subchapter J. |
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142 | 142 | | (c) On removal of a boot, the boot operator shall provide a |
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143 | 143 | | receipt to the vehicle owner or operator stating: |
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144 | 144 | | (1) the name of the person who removed the boot; |
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145 | 145 | | (2) the date and time the boot was removed; |
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146 | 146 | | (3) the name of the person to whom the vehicle was |
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147 | 147 | | released; |
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148 | 148 | | (4) the amount of fees paid for removal of the boot and |
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149 | 149 | | any associated parking fees; and |
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150 | 150 | | (5) the right of the vehicle owner or operator to a |
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151 | 151 | | hearing under Subchapter J. |
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152 | 152 | | (d) The booting company shall maintain a copy of the receipt |
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153 | 153 | | at its place of business for a period of three years. A peace |
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154 | 154 | | officer has the right, on request, to inspect and copy the records |
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155 | 155 | | to determine compliance with the requirements of this section. |
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156 | 156 | | (e) A booting company shall accept payment by an electronic |
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157 | 157 | | check, debit card, or credit card for any fee or charge associated |
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158 | 158 | | with the removal of a boot. A booting company may not collect a fee |
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159 | 159 | | for any charge associated with the removal of a boot from a person |
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160 | 160 | | who offers to pay the charge with an electronic check, debit card, |
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161 | 161 | | or credit card form of payment that the booting company is not |
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162 | 162 | | equipped to accept. |
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163 | 163 | | SECTION 13. Section 2308.301, Occupations Code, is amended |
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164 | 164 | | to read as follows: |
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165 | 165 | | Sec. 2308.301. GENERAL REQUIREMENTS FOR SIGN PROHIBITING |
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166 | 166 | | UNAUTHORIZED VEHICLES. (a) Except as provided by Subsection |
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167 | 167 | | (a)(2)(B) and Section 2308.304 or 2308.305, an unauthorized vehicle |
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168 | 168 | | may not be towed under Section 2308.252(a)(1) or booted under |
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169 | 169 | | Section 2308.257 unless a sign prohibiting unauthorized vehicles on |
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170 | 170 | | a parking facility is: |
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171 | 171 | | (1) facing and conspicuously visible to the driver of |
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172 | 172 | | a vehicle that enters the facility; |
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173 | 173 | | (2) located: |
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174 | 174 | | (A) on the right or left side of each driveway or |
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175 | 175 | | curb-cut through which a vehicle can enter the facility, including |
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176 | 176 | | an entry from an alley abutting the facility; or |
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177 | 177 | | (B) at intervals along the entrance so that no |
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178 | 178 | | entrance is farther than 25 feet from a sign if: |
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179 | 179 | | (i) curbs, access barriers, landscaping, or |
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180 | 180 | | driveways do not establish definite vehicle entrances onto a |
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181 | 181 | | parking facility from a public roadway other than an alley; and |
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182 | 182 | | (ii) the width of an entrance exceeds 35 |
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183 | 183 | | feet; |
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184 | 184 | | (3) permanently mounted on a pole, post, permanent |
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185 | 185 | | wall, or permanent barrier; |
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186 | 186 | | (4) installed on the parking facility; and |
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187 | 187 | | (5) installed so that the bottom edge of the sign is no |
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188 | 188 | | lower than five feet and no higher than eight feet above ground |
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189 | 189 | | level. |
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190 | 190 | | (b) Except as provided by Section 2308.305, an unauthorized |
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191 | 191 | | vehicle may be towed under Section 2308.252(a)(1) or booted under |
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192 | 192 | | Section 2308.257 only if each sign prohibiting unauthorized |
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193 | 193 | | vehicles: |
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194 | 194 | | (1) is made of weather-resistant material; |
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195 | 195 | | (2) is at least 18 inches wide and 24 inches tall; |
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196 | 196 | | (3) contains the international symbol for towing |
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197 | 197 | | vehicles; |
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198 | 198 | | (4) contains a statement describing who may park in |
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199 | 199 | | the parking facility and prohibiting all others; |
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200 | 200 | | (5) bears the words "Unauthorized Vehicles Will Be |
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201 | 201 | | Towed or Booted at Owner's or Operator's Expense"; |
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202 | 202 | | (6) contains a statement of the days and hours of |
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203 | 203 | | towing and booting enforcement; and |
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204 | 204 | | (7) contains a number, including the area code, of a |
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205 | 205 | | telephone that is answered 24 hours a day to enable an owner or |
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206 | 206 | | operator of a vehicle to locate a towed [the] vehicle or to arrange |
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207 | 207 | | for removal of a boot from a vehicle. |
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208 | 208 | | SECTION 14. Subsections (c) and (e), Section 2308.302, |
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209 | 209 | | Occupations Code, are amended to read as follows: |
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210 | 210 | | (c) The portion of the sign immediately below the |
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211 | 211 | | international towing symbol must contain the words "Towing And |
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212 | 212 | | Booting Enforced" [or the information provided by Section |
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213 | 213 | | 2308.301(b)(4)] in lettering at least two inches in height. The |
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214 | 214 | | lettering on this portion of the sign must consist of white letters |
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215 | 215 | | on a bright red background. |
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216 | 216 | | (e) The bottommost portion of the sign must contain the |
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217 | 217 | | telephone numbers [number] required by Section 2308.301(b), in |
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218 | 218 | | lettering at least one inch in height and may, if the facility owner |
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219 | 219 | | chooses or if an applicable municipal ordinance requires, include |
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220 | 220 | | the name and address of the storage facility to which an |
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221 | 221 | | unauthorized vehicle will be removed. The lettering on this |
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222 | 222 | | portion of the sign must consist of white letters on a bright red |
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223 | 223 | | background. |
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224 | 224 | | SECTION 15. The heading to Subchapter I, Chapter 2308, |
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225 | 225 | | Occupations Code, is amended to read as follows: |
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226 | 226 | | SUBCHAPTER I. REGULATION OF TOWING COMPANIES, BOOTING COMPANIES, |
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227 | 227 | | AND PARKING FACILITY OWNERS |
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228 | 228 | | SECTION 16. Section 2308.401, Occupations Code, is amended |
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229 | 229 | | to read as follows: |
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230 | 230 | | Sec. 2308.401. PARKING FACILITY OWNER PROHIBITED FROM |
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231 | 231 | | RECEIVING FINANCIAL GAIN FROM TOWING COMPANY OR BOOTING COMPANY. |
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232 | 232 | | (a) A parking facility owner may not directly or indirectly accept |
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233 | 233 | | anything of value from: |
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234 | 234 | | (1) a towing company in connection with the removal of |
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235 | 235 | | a vehicle from a parking facility; or |
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236 | 236 | | (2) a booting company in connection with booting a |
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237 | 237 | | vehicle in a parking facility. |
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238 | 238 | | (b) A parking facility owner may not have a direct or |
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239 | 239 | | indirect monetary interest in: |
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240 | 240 | | (1) a towing company that for compensation removes |
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241 | 241 | | unauthorized vehicles from a parking facility in which the parking |
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242 | 242 | | facility owner has an interest; or |
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243 | 243 | | (2) a booting company that for compensation boots |
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244 | 244 | | vehicles in a parking facility in which the parking facility owner |
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245 | 245 | | has an interest. |
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246 | 246 | | SECTION 17. Section 2308.402, Occupations Code, is amended |
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247 | 247 | | to read as follows: |
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248 | 248 | | Sec. 2308.402. TOWING COMPANY AND BOOTING COMPANY |
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249 | 249 | | PROHIBITED FROM FINANCIAL INVOLVEMENT WITH PARKING FACILITY OWNER. |
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250 | 250 | | (a) A towing company or booting company may not directly or |
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251 | 251 | | indirectly give anything of value to a parking facility owner in |
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252 | 252 | | connection with: |
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253 | 253 | | (1) the removal of a vehicle from a parking facility; |
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254 | 254 | | or |
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255 | 255 | | (2) the booting of a vehicle in a parking facility. |
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256 | 256 | | (b) A towing company or booting company may not have a |
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257 | 257 | | direct or indirect monetary interest in a parking facility: |
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258 | 258 | | (1) from which the towing company for compensation |
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259 | 259 | | removes unauthorized vehicles; or |
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260 | 260 | | (2) in which the booting company for compensation |
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261 | 261 | | installs boots on unauthorized vehicles. |
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262 | 262 | | SECTION 18. The heading to Section 2308.404, Occupations |
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263 | 263 | | Code, is amended to read as follows: |
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264 | 264 | | Sec. 2308.404. CIVIL LIABILITY OF TOWING COMPANY, BOOTING |
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265 | 265 | | COMPANY, OR PARKING FACILITY OWNER FOR VIOLATION OF CHAPTER. |
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266 | 266 | | SECTION 19. Subsections (a), (b), and (c), Section |
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267 | 267 | | 2308.404, Occupations Code, are amended to read as follows: |
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268 | 268 | | (a) A towing company, booting company, or parking facility |
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269 | 269 | | owner who violates this chapter is liable to the owner or operator |
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270 | 270 | | of the vehicle that is the subject of the violation for: |
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271 | 271 | | (1) damages arising from the removal, [or] storage, or |
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272 | 272 | | booting of the vehicle; and |
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273 | 273 | | (2) towing, [or] storage, or booting fees assessed in |
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274 | 274 | | connection with the vehicle's removal, [or] storage, or booting. |
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275 | 275 | | (b) A vehicle's owner or operator is not required to prove |
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276 | 276 | | negligence of a parking facility owner, [or] towing company, or |
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277 | 277 | | booting company to recover under Subsection (a). |
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278 | 278 | | (c) A towing company, booting company, or parking facility |
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279 | 279 | | owner who intentionally, knowingly, or recklessly violates this |
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280 | 280 | | chapter is liable to the owner or operator of the vehicle that is |
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281 | 281 | | the subject of the violation for $300 plus three times the amount of |
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282 | 282 | | fees assessed in the vehicle's removal, towing, [or] storage, or |
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283 | 283 | | booting. |
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284 | 284 | | SECTION 20. The heading to Subchapter J, Chapter 2308, |
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285 | 285 | | Occupations Code, is amended to read as follows: |
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286 | 286 | | SUBCHAPTER J. RIGHTS OF OWNERS AND OPERATORS OF STORED OR BOOTED |
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287 | 287 | | VEHICLES |
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288 | 288 | | SECTION 21. The heading to Section 2308.451, Occupations |
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289 | 289 | | Code, is amended to read as follows: |
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290 | 290 | | Sec. 2308.451. PAYMENT OF COST OF REMOVAL, [AND] STORAGE, |
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291 | 291 | | AND BOOTING OF VEHICLE. |
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292 | 292 | | SECTION 22. Section 2308.451, Occupations Code, is amended |
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293 | 293 | | by adding Subsections (c) and (d) to read as follows: |
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294 | 294 | | (c) If in a hearing held under this chapter the court finds |
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295 | 295 | | that a person authorized, with probable cause, the booting of a |
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296 | 296 | | vehicle in a parking facility, the person who requested the hearing |
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297 | 297 | | shall pay the costs of the booting. |
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298 | 298 | | (d) If in a hearing held under this chapter the court does |
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299 | 299 | | not find that a person authorized, with probable cause, the booting |
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300 | 300 | | of a vehicle, the person that authorized the booting shall: |
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301 | 301 | | (1) pay the costs of the booting and any related |
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302 | 302 | | parking fees; or |
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303 | 303 | | (2) reimburse the owner or operator for the cost of the |
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304 | 304 | | booting and any related parking fees paid by the owner or operator. |
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305 | 305 | | SECTION 23. Section 2308.452, Occupations Code, is amended |
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306 | 306 | | to read as follows: |
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307 | 307 | | Sec. 2308.452. RIGHT OF OWNER OR OPERATOR OF VEHICLE TO |
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308 | 308 | | HEARING. The owner or operator of a vehicle that has been removed |
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309 | 309 | | and placed in a vehicle storage facility or booted without the |
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310 | 310 | | consent of the owner or operator of the vehicle is entitled to a |
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311 | 311 | | hearing on whether probable cause existed for the removal and |
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312 | 312 | | placement or booting. |
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313 | 313 | | SECTION 24. Section 2308.453, Occupations Code, is amended |
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314 | 314 | | to read as follows: |
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315 | 315 | | Sec. 2308.453. JURISDICTION. A hearing under this chapter |
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316 | 316 | | shall be in the justice court having jurisdiction in: |
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317 | 317 | | (1) the precinct in which the vehicle storage facility |
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318 | 318 | | is located; or |
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319 | 319 | | (2) for booted vehicles, the precinct in which the |
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320 | 320 | | parking facility is located. |
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321 | 321 | | SECTION 25. Section 2308.454, Occupations Code, is amended |
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322 | 322 | | by adding Subsections (c) and (d) to read as follows: |
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323 | 323 | | (c) If before a hearing held under this chapter the owner or |
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324 | 324 | | operator of a vehicle pays the costs for removal of a boot, the |
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325 | 325 | | booting company shall at the time of payment give the owner or |
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326 | 326 | | operator written notice of the person's rights under this chapter. |
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327 | 327 | | (d) The booting operator that places a notice on a booted |
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328 | 328 | | vehicle under Section 2308.257 shall include with that notice a |
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329 | 329 | | notice of the person's rights under this chapter. |
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330 | 330 | | SECTION 26. Section 2308.455, Occupations Code, is amended |
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331 | 331 | | to read as follows: |
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332 | 332 | | Sec. 2308.455. CONTENTS OF NOTICE. The notice under |
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333 | 333 | | Section 2308.454 must include: |
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334 | 334 | | (1) a statement of: |
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335 | 335 | | (A) the person's right to submit a request within |
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336 | 336 | | 14 days for a court hearing to determine whether probable cause |
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337 | 337 | | existed to remove, or install a boot on, the vehicle; |
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338 | 338 | | (B) the information that a request for a hearing |
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339 | 339 | | must contain; and |
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340 | 340 | | (C) any filing fee for the hearing; |
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341 | 341 | | (2) the name, address, and telephone number of the |
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342 | 342 | | towing company that removed the vehicle or the booting company that |
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343 | 343 | | booted the vehicle; |
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344 | 344 | | (3) the name, address, and telephone number of the |
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345 | 345 | | vehicle storage facility in which the vehicle was placed; |
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346 | 346 | | (4) the name, address, and telephone number of the |
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347 | 347 | | person, property owner, or law enforcement agency that authorized |
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348 | 348 | | the removal of the vehicle; and |
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349 | 349 | | (5) the name, address, and telephone number of the |
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350 | 350 | | justice court having jurisdiction in the precinct in which the |
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351 | 351 | | vehicle storage facility is located or, for booted vehicles, the |
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352 | 352 | | name, address, and telephone number of the justice court having |
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353 | 353 | | jurisdiction in the precinct in which the parking facility is |
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354 | 354 | | located. |
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355 | 355 | | SECTION 27. Subsections (a) and (b), Section 2308.456, |
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356 | 356 | | Occupations Code, are amended to read as follows: |
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357 | 357 | | (a) Except as provided by Subsection (c), a person entitled |
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358 | 358 | | to a hearing under this chapter must deliver a written request for |
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359 | 359 | | the hearing to the court before the 14th day after the date the |
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360 | 360 | | vehicle was removed and placed in the vehicle storage facility or |
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361 | 361 | | booted, excluding Saturdays, Sundays, and legal holidays. |
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362 | 362 | | (b) A request for a hearing must contain: |
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363 | 363 | | (1) the name, address, and telephone number of the |
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364 | 364 | | owner or operator of the vehicle; |
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365 | 365 | | (2) the location from which the vehicle was removed or |
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366 | 366 | | in which the vehicle was booted; |
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367 | 367 | | (3) the date when the vehicle was removed or booted; |
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368 | 368 | | (4) the name, address, and telephone number of the |
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369 | 369 | | person or law enforcement agency that authorized the removal or |
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370 | 370 | | booting; |
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371 | 371 | | (5) the name, address, and telephone number of the |
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372 | 372 | | vehicle storage facility in which the vehicle was placed; |
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373 | 373 | | (6) the name, address, and telephone number of the |
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374 | 374 | | towing company that removed the vehicle or of the booting company |
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375 | 375 | | that installed a boot on the vehicle; |
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376 | 376 | | (7) a copy of any receipt or notification that the |
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377 | 377 | | owner or operator received from the towing company, the booting |
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378 | 378 | | company, or the vehicle storage facility; and |
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379 | 379 | | (8) if the vehicle was removed from or booted in a |
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380 | 380 | | parking facility: |
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381 | 381 | | (A) one or more photographs that show the |
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382 | 382 | | location and text of any sign posted at the facility restricting |
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383 | 383 | | parking of vehicles; or |
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384 | 384 | | (B) a statement that no sign restricting parking |
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385 | 385 | | was posted at the parking facility. |
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386 | 386 | | SECTION 28. Section 2308.458, Occupations Code, is amended |
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387 | 387 | | by amending Subsections (b), (c), and (e) and adding Subsections |
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388 | 388 | | (b-2) and (c-1) to read as follows: |
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389 | 389 | | (b) The court shall notify the person who requested the |
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390 | 390 | | hearing for a towed vehicle, the person or law enforcement agency |
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391 | 391 | | that authorized the removal of the vehicle, and the vehicle storage |
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392 | 392 | | facility in which the vehicle was placed of the date, time, and |
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393 | 393 | | place of the hearing in a manner provided by Rule 21a, Texas Rules |
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394 | 394 | | of Civil Procedure. The notice of the hearing to the person or law |
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395 | 395 | | enforcement agency that authorized the removal of the vehicle must |
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396 | 396 | | [shall] include a copy of the request for hearing. |
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397 | 397 | | (b-2) The court shall notify the person who requested the |
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398 | 398 | | hearing for a booted vehicle, the parking facility in which the |
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399 | 399 | | vehicle was booted, and the booting company of the date, time, and |
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400 | 400 | | place of the hearing in a manner provided by Rule 21a, Texas Rules |
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401 | 401 | | of Civil Procedure. The notice of hearing to the person that |
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402 | 402 | | authorized the booting of the vehicle must include a copy of the |
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403 | 403 | | request for hearing. |
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404 | 404 | | (c) The issues in a hearing regarding a towed vehicle under |
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405 | 405 | | this chapter are: |
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406 | 406 | | (1) whether probable cause existed for the removal and |
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407 | 407 | | placement of the vehicle; |
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408 | 408 | | (2) whether a towing charge imposed or collected in |
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409 | 409 | | connection with the removal or placement of the vehicle was greater |
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410 | 410 | | than the amount authorized by the political subdivision under |
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411 | 411 | | Section 2308.201 or 2308.202; |
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412 | 412 | | (3) whether a towing charge imposed or collected in |
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413 | 413 | | connection with the removal or placement of the vehicle was greater |
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414 | 414 | | than the amount authorized under Section 2308.203 or 2308.204; or |
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415 | 415 | | (4) whether a towing charge imposed or collected in |
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416 | 416 | | connection with the removal or placement of the vehicle was greater |
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417 | 417 | | than the amount filed with the department under Section 2308.206. |
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418 | 418 | | (c-1) The issues in a hearing regarding a booted vehicle |
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419 | 419 | | under this chapter are: |
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420 | 420 | | (1) whether probable cause existed for the booting of |
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421 | 421 | | the vehicle; and |
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422 | 422 | | (2) whether a boot removal charge imposed or collected |
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423 | 423 | | in connection with the removal of the boot from the vehicle was |
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424 | 424 | | greater than the amount authorized by the political subdivision |
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425 | 425 | | under Section 2308.2085. |
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426 | 426 | | (e) The court may award: |
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427 | 427 | | (1) court costs to the prevailing party; |
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428 | 428 | | (2) the reasonable cost of photographs submitted under |
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429 | 429 | | Section 2308.456(b)(8) to a vehicle owner or operator who is the |
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430 | 430 | | prevailing party; |
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431 | 431 | | (3) an amount equal to the amount that the towing |
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432 | 432 | | charge or booting removal charge and associated parking fees |
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433 | 433 | | exceeded fees regulated by a political subdivision or authorized by |
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434 | 434 | | this code or by Chapter 2303; and |
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435 | 435 | | (4) reimbursement of fees paid for vehicle towing, |
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436 | 436 | | [and] storage, or removal of a boot. |
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437 | 437 | | SECTION 29. Subsection (a), Section 2308.505, Occupations |
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438 | 438 | | Code, is amended to read as follows: |
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439 | 439 | | (a) A person commits an offense if the person: |
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440 | 440 | | (1) violates an ordinance, resolution, order, rule, or |
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441 | 441 | | regulation of a political subdivision adopted under Section |
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442 | 442 | | 2308.201, [or] 2308.202, or 2308.2085 for which the political |
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443 | 443 | | subdivision does not prescribe the penalty; |
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444 | 444 | | (2) charges or collects a fee in a political |
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445 | 445 | | subdivision that regulates the operation of tow trucks under |
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446 | 446 | | Section 2308.201 or 2308.202 or booting under Section 2308.2085 |
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447 | 447 | | that is not authorized or is greater than the authorized amount of |
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448 | 448 | | the fee; |
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449 | 449 | | (3) charges or collects a fee greater than the amount |
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450 | 450 | | authorized under Section 2308.204; |
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451 | 451 | | (4) charges or collects a fee in excess of the amount |
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452 | 452 | | filed with the department under Section 2308.206; |
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453 | 453 | | (5) violates Section 2308.205; or |
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454 | 454 | | (6) violates a rule of the department applicable to a |
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455 | 455 | | tow truck, [and] towing company, or booting company. |
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456 | 456 | | SECTION 30. Section 2303.058, Occupations Code, is amended |
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457 | 457 | | to read as follows: |
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458 | 458 | | Sec. 2303.058. ADVISORY BOARD. The Towing, [and] Storage, |
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459 | 459 | | and Booting Advisory Board under Chapter 2308 shall advise the |
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460 | 460 | | commission in adopting vehicle storage rules under this chapter. |
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461 | 461 | | SECTION 31. Promptly after this Act takes effect, the |
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462 | 462 | | presiding officer of the Texas Commission of Licensing and |
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463 | 463 | | Regulation shall appoint to the Towing, Storage, and Booting |
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464 | 464 | | Advisory Board one representative of a booting company as required |
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465 | 465 | | by Subsection (a), Section 2308.051, Occupations Code, as amended |
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466 | 466 | | by this Act. |
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467 | 467 | | SECTION 32. This Act takes effect September 1, 2009. |
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468 | 468 | | ______________________________ ______________________________ |
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469 | 469 | | President of the Senate Speaker of the House |
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470 | 470 | | I hereby certify that S.B. No. 2153 passed the Senate on |
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471 | 471 | | April 30, 2009, by the following vote: Yeas 31, Nays 0. |
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472 | 472 | | ______________________________ |
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473 | 473 | | Secretary of the Senate |
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474 | 474 | | I hereby certify that S.B. No. 2153 passed the House on |
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475 | 475 | | May 27, 2009, by the following vote: Yeas 138, Nays 10, one |
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476 | 476 | | present not voting. |
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477 | 477 | | ______________________________ |
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478 | 478 | | Chief Clerk of the House |
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479 | 479 | | Approved: |
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480 | 480 | | ______________________________ |
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481 | 481 | | Date |
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482 | 482 | | ______________________________ |
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483 | 483 | | Governor |
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