Texas 2009 - 81st Regular

Texas Senate Bill SB2153 Compare Versions

The same version is selected twice. Please select two different versions to compare.
OldNewDifferences
11 S.B. No. 2153
22
33
44 AN ACT
55 relating to the booting of vehicles by private entities in parking
66 facilities; providing penalties.
77 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
88 SECTION 1. The heading to Chapter 2308, Occupations Code,
99 is amended to read as follows:
1010 CHAPTER 2308. VEHICLE TOWING AND BOOTING
1111 SECTION 2. Section 2308.001, Occupations Code, is amended
1212 to read as follows:
1313 Sec. 2308.001. SHORT TITLE. This chapter may be cited as
1414 the Texas Towing and Booting Act.
1515 SECTION 3. Section 2308.002, Occupations Code, is amended
1616 by amending Subdivision (1) and adding Subdivisions (1-a), (1-b),
1717 and (1-c) to read as follows:
1818 (1) "Advisory board" means the Towing, [and] Storage,
1919 and Booting Advisory Board.
2020 (1-a) "Boot" means a lockable road wheel clamp or
2121 similar vehicle immobilization device that is designed to
2222 immobilize a parked vehicle and prevent its movement until the
2323 device is unlocked or removed.
2424 (1-b) "Booting company" means a person that controls,
2525 installs, or directs the installation and removal of one or more
2626 boots.
2727 (1-c) "Boot operator" means an individual who installs
2828 or removes a boot on or from a vehicle.
2929 SECTION 4. Subchapter A, Chapter 2308, Occupations Code, is
3030 amended by adding Section 2308.004 to read as follows:
3131 Sec. 2308.004. EXEMPTION. (a) This chapter does not apply
3232 to a person who, while exercising a statutory or contractual lien
3333 right with regard to a vehicle:
3434 (1) installs or removes a boot; or
3535 (2) controls, installs, or directs the installation
3636 and removal of one or more boots.
3737 (b) This chapter does not apply to a commercial office
3838 building owner or manager who installs or removes a boot in the
3939 building's parking facility.
4040 SECTION 5. The heading to Section 2308.051, Occupations
4141 Code, is amended to read as follows:
4242 Sec. 2308.051. TOWING, [AND] STORAGE, AND BOOTING ADVISORY
4343 BOARD.
4444 SECTION 6. Subsection (a), Section 2308.051, Occupations
4545 Code, is amended to read as follows:
4646 (a) The advisory board consists of the following members
4747 appointed by the presiding officer of the commission with the
4848 approval of the commission:
4949 (1) one representative of a towing company operating
5050 in a county with a population of less than one million;
5151 (2) one representative of a towing company operating
5252 in a county with a population of one million or more;
5353 (3) one owner of a vehicle storage facility located in
5454 a county with a population of less than one million;
5555 (4) one owner of a vehicle storage facility located in
5656 a county with a population of one million or more;
5757 (5) one parking facility owner;
5858 (6) one law enforcement officer from a county with a
5959 population of less than one million;
6060 (7) one law enforcement officer from a county with a
6161 population of one million or more; [and]
6262 (8) one representative of property and casualty
6363 insurers who write automobile insurance in this state; and
6464 (9) one representative of a booting company.
6565 SECTION 7. Subsection (a), Section 2308.057, Occupations
6666 Code, is amended to read as follows:
6767 (a) The commission shall adopt rules for permitting tow
6868 trucks and licensing towing operators, [and] towing companies,
6969 booting companies, and boot operators.
7070 SECTION 8. Section 2308.151, Occupations Code, is amended
7171 to read as follows:
7272 Sec. 2308.151. LICENSE REQUIRED. Unless the person holds
7373 an appropriate license under this subchapter, a person may not:
7474 (1) perform towing operations; [or]
7575 (2) operate a towing company;
7676 (3) perform booting operations; or
7777 (4) operate a booting company.
7878 SECTION 9. Subchapter D, Chapter 2308, Occupations Code, is
7979 amended by adding Sections 2308.1555 and 2308.1556 to read as
8080 follows:
8181 Sec. 2308.1555. BOOT OPERATOR'S LICENSE. (a) A boot
8282 operator's license is required to install or remove a boot from a
8383 vehicle.
8484 (b) An applicant for a boot operator's license must be at
8585 least 18 years of age.
8686 Sec. 2308.1556. BOOTING COMPANY LICENSE. (a) A booting
8787 company license is required for a person to operate a booting
8888 company.
8989 (b) To be eligible for a booting company license, an
9090 applicant must submit evidence that the applicant is covered by:
9191 (1) a general liability insurance policy on a broad
9292 form with:
9393 (A) a combined single limit for bodily injury and
9494 property damage for each occurrence of at least $500,000; and
9595 (B) an aggregate limit for all occurrences for
9696 each policy year of at least $500,000; and
9797 (2) an automobile liability insurance policy covering
9898 the applicant and the applicant's employees for vehicles owned,
9999 hired, or otherwise used in the applicant's business, with a
100100 combined single limit for each occurrence of at least $500,000.
101101 SECTION 10. The heading to Subchapter E, Chapter 2308,
102102 Occupations Code, is amended to read as follows:
103103 SUBCHAPTER E. LOCAL REGULATION OF TOWING AND BOOTING
104104 SECTION 11. Subchapter E, Chapter 2308, Occupations Code,
105105 is amended by adding Section 2308.2085 to read as follows:
106106 Sec. 2308.2085. MUNICIPAL ORDINANCE REGULATING BOOTING
107107 COMPANIES AND OPERATORS. (a) A municipality may adopt an
108108 ordinance that is identical to the booting provisions in this
109109 chapter or that imposes additional requirements that exceed the
110110 minimum standards of the booting provisions in this chapter but may
111111 not adopt an ordinance that conflicts with the booting provisions
112112 in this chapter.
113113 (b) A municipality may regulate the fees that may be charged
114114 in connection with the booting of a vehicle, including associated
115115 parking fees.
116116 (c) A municipality may require booting companies to obtain a
117117 permit to operate in the municipality.
118118 SECTION 12. Subchapter F, Chapter 2308, Occupations Code,
119119 is amended by adding Section 2308.257 to read as follows:
120120 Sec. 2308.257. BOOTING OF UNAUTHORIZED VEHICLE. (a) A
121121 parking facility owner may, without the consent of the owner or
122122 operator of an unauthorized vehicle, cause a boot to be installed on
123123 the vehicle in the parking facility if signs that comply with
124124 Subchapter G prohibiting unauthorized vehicles are located on the
125125 parking facility at the time of the booting and for the preceding 24
126126 hours and remain installed at the time of the booting.
127127 (b) A boot operator that installs a boot on a vehicle must
128128 affix a conspicuous notice to the vehicle's front windshield or
129129 driver's side window stating:
130130 (1) that the vehicle has been booted and damage may
131131 occur if the vehicle is moved;
132132 (2) the date and time the boot was installed;
133133 (3) the name, address, and telephone number of the
134134 booting company;
135135 (4) a telephone number that is answered 24 hours a day
136136 to enable the owner or operator of the vehicle to arrange for
137137 removal of the boot;
138138 (5) the amount of the fee for removal of the boot and
139139 any associated parking fees; and
140140 (6) notice of the right of a vehicle owner or vehicle
141141 operator to a hearing under Subchapter J.
142142 (c) On removal of a boot, the boot operator shall provide a
143143 receipt to the vehicle owner or operator stating:
144144 (1) the name of the person who removed the boot;
145145 (2) the date and time the boot was removed;
146146 (3) the name of the person to whom the vehicle was
147147 released;
148148 (4) the amount of fees paid for removal of the boot and
149149 any associated parking fees; and
150150 (5) the right of the vehicle owner or operator to a
151151 hearing under Subchapter J.
152152 (d) The booting company shall maintain a copy of the receipt
153153 at its place of business for a period of three years. A peace
154154 officer has the right, on request, to inspect and copy the records
155155 to determine compliance with the requirements of this section.
156156 (e) A booting company shall accept payment by an electronic
157157 check, debit card, or credit card for any fee or charge associated
158158 with the removal of a boot. A booting company may not collect a fee
159159 for any charge associated with the removal of a boot from a person
160160 who offers to pay the charge with an electronic check, debit card,
161161 or credit card form of payment that the booting company is not
162162 equipped to accept.
163163 SECTION 13. Section 2308.301, Occupations Code, is amended
164164 to read as follows:
165165 Sec. 2308.301. GENERAL REQUIREMENTS FOR SIGN PROHIBITING
166166 UNAUTHORIZED VEHICLES. (a) Except as provided by Subsection
167167 (a)(2)(B) and Section 2308.304 or 2308.305, an unauthorized vehicle
168168 may not be towed under Section 2308.252(a)(1) or booted under
169169 Section 2308.257 unless a sign prohibiting unauthorized vehicles on
170170 a parking facility is:
171171 (1) facing and conspicuously visible to the driver of
172172 a vehicle that enters the facility;
173173 (2) located:
174174 (A) on the right or left side of each driveway or
175175 curb-cut through which a vehicle can enter the facility, including
176176 an entry from an alley abutting the facility; or
177177 (B) at intervals along the entrance so that no
178178 entrance is farther than 25 feet from a sign if:
179179 (i) curbs, access barriers, landscaping, or
180180 driveways do not establish definite vehicle entrances onto a
181181 parking facility from a public roadway other than an alley; and
182182 (ii) the width of an entrance exceeds 35
183183 feet;
184184 (3) permanently mounted on a pole, post, permanent
185185 wall, or permanent barrier;
186186 (4) installed on the parking facility; and
187187 (5) installed so that the bottom edge of the sign is no
188188 lower than five feet and no higher than eight feet above ground
189189 level.
190190 (b) Except as provided by Section 2308.305, an unauthorized
191191 vehicle may be towed under Section 2308.252(a)(1) or booted under
192192 Section 2308.257 only if each sign prohibiting unauthorized
193193 vehicles:
194194 (1) is made of weather-resistant material;
195195 (2) is at least 18 inches wide and 24 inches tall;
196196 (3) contains the international symbol for towing
197197 vehicles;
198198 (4) contains a statement describing who may park in
199199 the parking facility and prohibiting all others;
200200 (5) bears the words "Unauthorized Vehicles Will Be
201201 Towed or Booted at Owner's or Operator's Expense";
202202 (6) contains a statement of the days and hours of
203203 towing and booting enforcement; and
204204 (7) contains a number, including the area code, of a
205205 telephone that is answered 24 hours a day to enable an owner or
206206 operator of a vehicle to locate a towed [the] vehicle or to arrange
207207 for removal of a boot from a vehicle.
208208 SECTION 14. Subsections (c) and (e), Section 2308.302,
209209 Occupations Code, are amended to read as follows:
210210 (c) The portion of the sign immediately below the
211211 international towing symbol must contain the words "Towing And
212212 Booting Enforced" [or the information provided by Section
213213 2308.301(b)(4)] in lettering at least two inches in height. The
214214 lettering on this portion of the sign must consist of white letters
215215 on a bright red background.
216216 (e) The bottommost portion of the sign must contain the
217217 telephone numbers [number] required by Section 2308.301(b), in
218218 lettering at least one inch in height and may, if the facility owner
219219 chooses or if an applicable municipal ordinance requires, include
220220 the name and address of the storage facility to which an
221221 unauthorized vehicle will be removed. The lettering on this
222222 portion of the sign must consist of white letters on a bright red
223223 background.
224224 SECTION 15. The heading to Subchapter I, Chapter 2308,
225225 Occupations Code, is amended to read as follows:
226226 SUBCHAPTER I. REGULATION OF TOWING COMPANIES, BOOTING COMPANIES,
227227 AND PARKING FACILITY OWNERS
228228 SECTION 16. Section 2308.401, Occupations Code, is amended
229229 to read as follows:
230230 Sec. 2308.401. PARKING FACILITY OWNER PROHIBITED FROM
231231 RECEIVING FINANCIAL GAIN FROM TOWING COMPANY OR BOOTING COMPANY.
232232 (a) A parking facility owner may not directly or indirectly accept
233233 anything of value from:
234234 (1) a towing company in connection with the removal of
235235 a vehicle from a parking facility; or
236236 (2) a booting company in connection with booting a
237237 vehicle in a parking facility.
238238 (b) A parking facility owner may not have a direct or
239239 indirect monetary interest in:
240240 (1) a towing company that for compensation removes
241241 unauthorized vehicles from a parking facility in which the parking
242242 facility owner has an interest; or
243243 (2) a booting company that for compensation boots
244244 vehicles in a parking facility in which the parking facility owner
245245 has an interest.
246246 SECTION 17. Section 2308.402, Occupations Code, is amended
247247 to read as follows:
248248 Sec. 2308.402. TOWING COMPANY AND BOOTING COMPANY
249249 PROHIBITED FROM FINANCIAL INVOLVEMENT WITH PARKING FACILITY OWNER.
250250 (a) A towing company or booting company may not directly or
251251 indirectly give anything of value to a parking facility owner in
252252 connection with:
253253 (1) the removal of a vehicle from a parking facility;
254254 or
255255 (2) the booting of a vehicle in a parking facility.
256256 (b) A towing company or booting company may not have a
257257 direct or indirect monetary interest in a parking facility:
258258 (1) from which the towing company for compensation
259259 removes unauthorized vehicles; or
260260 (2) in which the booting company for compensation
261261 installs boots on unauthorized vehicles.
262262 SECTION 18. The heading to Section 2308.404, Occupations
263263 Code, is amended to read as follows:
264264 Sec. 2308.404. CIVIL LIABILITY OF TOWING COMPANY, BOOTING
265265 COMPANY, OR PARKING FACILITY OWNER FOR VIOLATION OF CHAPTER.
266266 SECTION 19. Subsections (a), (b), and (c), Section
267267 2308.404, Occupations Code, are amended to read as follows:
268268 (a) A towing company, booting company, or parking facility
269269 owner who violates this chapter is liable to the owner or operator
270270 of the vehicle that is the subject of the violation for:
271271 (1) damages arising from the removal, [or] storage, or
272272 booting of the vehicle; and
273273 (2) towing, [or] storage, or booting fees assessed in
274274 connection with the vehicle's removal, [or] storage, or booting.
275275 (b) A vehicle's owner or operator is not required to prove
276276 negligence of a parking facility owner, [or] towing company, or
277277 booting company to recover under Subsection (a).
278278 (c) A towing company, booting company, or parking facility
279279 owner who intentionally, knowingly, or recklessly violates this
280280 chapter is liable to the owner or operator of the vehicle that is
281281 the subject of the violation for $300 plus three times the amount of
282282 fees assessed in the vehicle's removal, towing, [or] storage, or
283283 booting.
284284 SECTION 20. The heading to Subchapter J, Chapter 2308,
285285 Occupations Code, is amended to read as follows:
286286 SUBCHAPTER J. RIGHTS OF OWNERS AND OPERATORS OF STORED OR BOOTED
287287 VEHICLES
288288 SECTION 21. The heading to Section 2308.451, Occupations
289289 Code, is amended to read as follows:
290290 Sec. 2308.451. PAYMENT OF COST OF REMOVAL, [AND] STORAGE,
291291 AND BOOTING OF VEHICLE.
292292 SECTION 22. Section 2308.451, Occupations Code, is amended
293293 by adding Subsections (c) and (d) to read as follows:
294294 (c) If in a hearing held under this chapter the court finds
295295 that a person authorized, with probable cause, the booting of a
296296 vehicle in a parking facility, the person who requested the hearing
297297 shall pay the costs of the booting.
298298 (d) If in a hearing held under this chapter the court does
299299 not find that a person authorized, with probable cause, the booting
300300 of a vehicle, the person that authorized the booting shall:
301301 (1) pay the costs of the booting and any related
302302 parking fees; or
303303 (2) reimburse the owner or operator for the cost of the
304304 booting and any related parking fees paid by the owner or operator.
305305 SECTION 23. Section 2308.452, Occupations Code, is amended
306306 to read as follows:
307307 Sec. 2308.452. RIGHT OF OWNER OR OPERATOR OF VEHICLE TO
308308 HEARING. The owner or operator of a vehicle that has been removed
309309 and placed in a vehicle storage facility or booted without the
310310 consent of the owner or operator of the vehicle is entitled to a
311311 hearing on whether probable cause existed for the removal and
312312 placement or booting.
313313 SECTION 24. Section 2308.453, Occupations Code, is amended
314314 to read as follows:
315315 Sec. 2308.453. JURISDICTION. A hearing under this chapter
316316 shall be in the justice court having jurisdiction in:
317317 (1) the precinct in which the vehicle storage facility
318318 is located; or
319319 (2) for booted vehicles, the precinct in which the
320320 parking facility is located.
321321 SECTION 25. Section 2308.454, Occupations Code, is amended
322322 by adding Subsections (c) and (d) to read as follows:
323323 (c) If before a hearing held under this chapter the owner or
324324 operator of a vehicle pays the costs for removal of a boot, the
325325 booting company shall at the time of payment give the owner or
326326 operator written notice of the person's rights under this chapter.
327327 (d) The booting operator that places a notice on a booted
328328 vehicle under Section 2308.257 shall include with that notice a
329329 notice of the person's rights under this chapter.
330330 SECTION 26. Section 2308.455, Occupations Code, is amended
331331 to read as follows:
332332 Sec. 2308.455. CONTENTS OF NOTICE. The notice under
333333 Section 2308.454 must include:
334334 (1) a statement of:
335335 (A) the person's right to submit a request within
336336 14 days for a court hearing to determine whether probable cause
337337 existed to remove, or install a boot on, the vehicle;
338338 (B) the information that a request for a hearing
339339 must contain; and
340340 (C) any filing fee for the hearing;
341341 (2) the name, address, and telephone number of the
342342 towing company that removed the vehicle or the booting company that
343343 booted the vehicle;
344344 (3) the name, address, and telephone number of the
345345 vehicle storage facility in which the vehicle was placed;
346346 (4) the name, address, and telephone number of the
347347 person, property owner, or law enforcement agency that authorized
348348 the removal of the vehicle; and
349349 (5) the name, address, and telephone number of the
350350 justice court having jurisdiction in the precinct in which the
351351 vehicle storage facility is located or, for booted vehicles, the
352352 name, address, and telephone number of the justice court having
353353 jurisdiction in the precinct in which the parking facility is
354354 located.
355355 SECTION 27. Subsections (a) and (b), Section 2308.456,
356356 Occupations Code, are amended to read as follows:
357357 (a) Except as provided by Subsection (c), a person entitled
358358 to a hearing under this chapter must deliver a written request for
359359 the hearing to the court before the 14th day after the date the
360360 vehicle was removed and placed in the vehicle storage facility or
361361 booted, excluding Saturdays, Sundays, and legal holidays.
362362 (b) A request for a hearing must contain:
363363 (1) the name, address, and telephone number of the
364364 owner or operator of the vehicle;
365365 (2) the location from which the vehicle was removed or
366366 in which the vehicle was booted;
367367 (3) the date when the vehicle was removed or booted;
368368 (4) the name, address, and telephone number of the
369369 person or law enforcement agency that authorized the removal or
370370 booting;
371371 (5) the name, address, and telephone number of the
372372 vehicle storage facility in which the vehicle was placed;
373373 (6) the name, address, and telephone number of the
374374 towing company that removed the vehicle or of the booting company
375375 that installed a boot on the vehicle;
376376 (7) a copy of any receipt or notification that the
377377 owner or operator received from the towing company, the booting
378378 company, or the vehicle storage facility; and
379379 (8) if the vehicle was removed from or booted in a
380380 parking facility:
381381 (A) one or more photographs that show the
382382 location and text of any sign posted at the facility restricting
383383 parking of vehicles; or
384384 (B) a statement that no sign restricting parking
385385 was posted at the parking facility.
386386 SECTION 28. Section 2308.458, Occupations Code, is amended
387387 by amending Subsections (b), (c), and (e) and adding Subsections
388388 (b-2) and (c-1) to read as follows:
389389 (b) The court shall notify the person who requested the
390390 hearing for a towed vehicle, the person or law enforcement agency
391391 that authorized the removal of the vehicle, and the vehicle storage
392392 facility in which the vehicle was placed of the date, time, and
393393 place of the hearing in a manner provided by Rule 21a, Texas Rules
394394 of Civil Procedure. The notice of the hearing to the person or law
395395 enforcement agency that authorized the removal of the vehicle must
396396 [shall] include a copy of the request for hearing.
397397 (b-2) The court shall notify the person who requested the
398398 hearing for a booted vehicle, the parking facility in which the
399399 vehicle was booted, and the booting company of the date, time, and
400400 place of the hearing in a manner provided by Rule 21a, Texas Rules
401401 of Civil Procedure. The notice of hearing to the person that
402402 authorized the booting of the vehicle must include a copy of the
403403 request for hearing.
404404 (c) The issues in a hearing regarding a towed vehicle under
405405 this chapter are:
406406 (1) whether probable cause existed for the removal and
407407 placement of the vehicle;
408408 (2) whether a towing charge imposed or collected in
409409 connection with the removal or placement of the vehicle was greater
410410 than the amount authorized by the political subdivision under
411411 Section 2308.201 or 2308.202;
412412 (3) whether a towing charge imposed or collected in
413413 connection with the removal or placement of the vehicle was greater
414414 than the amount authorized under Section 2308.203 or 2308.204; or
415415 (4) whether a towing charge imposed or collected in
416416 connection with the removal or placement of the vehicle was greater
417417 than the amount filed with the department under Section 2308.206.
418418 (c-1) The issues in a hearing regarding a booted vehicle
419419 under this chapter are:
420420 (1) whether probable cause existed for the booting of
421421 the vehicle; and
422422 (2) whether a boot removal charge imposed or collected
423423 in connection with the removal of the boot from the vehicle was
424424 greater than the amount authorized by the political subdivision
425425 under Section 2308.2085.
426426 (e) The court may award:
427427 (1) court costs to the prevailing party;
428428 (2) the reasonable cost of photographs submitted under
429429 Section 2308.456(b)(8) to a vehicle owner or operator who is the
430430 prevailing party;
431431 (3) an amount equal to the amount that the towing
432432 charge or booting removal charge and associated parking fees
433433 exceeded fees regulated by a political subdivision or authorized by
434434 this code or by Chapter 2303; and
435435 (4) reimbursement of fees paid for vehicle towing,
436436 [and] storage, or removal of a boot.
437437 SECTION 29. Subsection (a), Section 2308.505, Occupations
438438 Code, is amended to read as follows:
439439 (a) A person commits an offense if the person:
440440 (1) violates an ordinance, resolution, order, rule, or
441441 regulation of a political subdivision adopted under Section
442442 2308.201, [or] 2308.202, or 2308.2085 for which the political
443443 subdivision does not prescribe the penalty;
444444 (2) charges or collects a fee in a political
445445 subdivision that regulates the operation of tow trucks under
446446 Section 2308.201 or 2308.202 or booting under Section 2308.2085
447447 that is not authorized or is greater than the authorized amount of
448448 the fee;
449449 (3) charges or collects a fee greater than the amount
450450 authorized under Section 2308.204;
451451 (4) charges or collects a fee in excess of the amount
452452 filed with the department under Section 2308.206;
453453 (5) violates Section 2308.205; or
454454 (6) violates a rule of the department applicable to a
455455 tow truck, [and] towing company, or booting company.
456456 SECTION 30. Section 2303.058, Occupations Code, is amended
457457 to read as follows:
458458 Sec. 2303.058. ADVISORY BOARD. The Towing, [and] Storage,
459459 and Booting Advisory Board under Chapter 2308 shall advise the
460460 commission in adopting vehicle storage rules under this chapter.
461461 SECTION 31. Promptly after this Act takes effect, the
462462 presiding officer of the Texas Commission of Licensing and
463463 Regulation shall appoint to the Towing, Storage, and Booting
464464 Advisory Board one representative of a booting company as required
465465 by Subsection (a), Section 2308.051, Occupations Code, as amended
466466 by this Act.
467467 SECTION 32. This Act takes effect September 1, 2009.
468468 ______________________________ ______________________________
469469 President of the Senate Speaker of the House
470470 I hereby certify that S.B. No. 2153 passed the Senate on
471471 April 30, 2009, by the following vote: Yeas 31, Nays 0.
472472 ______________________________
473473 Secretary of the Senate
474474 I hereby certify that S.B. No. 2153 passed the House on
475475 May 27, 2009, by the following vote: Yeas 138, Nays 10, one
476476 present not voting.
477477 ______________________________
478478 Chief Clerk of the House
479479 Approved:
480480 ______________________________
481481 Date
482482 ______________________________
483483 Governor