| 1 | 1 | | 85R6478 BEE-D |
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| 2 | 2 | | By: Lucio III H.B. No. 2733 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authority of a towing company or booting company to |
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| 8 | 8 | | remove and store or boot an unauthorized vehicle in a parking |
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| 9 | 9 | | facility. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. The heading to Section 2308.255, Occupations |
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| 12 | 12 | | Code, is amended to read as follows: |
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| 13 | 13 | | Sec. 2308.255. TOWING COMPANY'S [OR BOOT OPERATOR'S] |
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| 14 | 14 | | AUTHORITY TO REMOVE AND STORE [OR BOOT] UNAUTHORIZED VEHICLE. |
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| 15 | 15 | | SECTION 2. Section 2308.255, Occupations Code, is amended |
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| 16 | 16 | | by amending Subsection (d) and adding Subsections (e) and (f) to |
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| 17 | 17 | | read as follows: |
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| 18 | 18 | | (d) A towing company may not remove and store a vehicle |
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| 19 | 19 | | under Subsection (a) unless [and a boot operator may boot a vehicle |
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| 20 | 20 | | under Section 2308.257 only if] the parking facility owner or a |
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| 21 | 21 | | person authorized by the parking facility owner under Subsection |
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| 22 | 22 | | (e) [: |
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| 23 | 23 | | [(1)] requests that the towing company remove and |
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| 24 | 24 | | store [or that the boot operator boot] the specific vehicle[; or |
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| 25 | 25 | | [(2) has a standing written agreement with the towing |
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| 26 | 26 | | company or boot operator to enforce parking restrictions in the |
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| 27 | 27 | | parking facility]. |
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| 28 | 28 | | (e) A parking facility owner may authorize a person to |
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| 29 | 29 | | request that a towing company remove and store a specific vehicle |
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| 30 | 30 | | under Subsection (d) if: |
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| 31 | 31 | | (1) the person is authorized by the parking facility |
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| 32 | 32 | | owner to park a vehicle in a specific space in the parking facility; |
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| 33 | 33 | | and |
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| 34 | 34 | | (2) the vehicle the person is requesting to be towed is |
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| 35 | 35 | | obstructing or occupying the space in which the person is |
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| 36 | 36 | | authorized to park. |
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| 37 | 37 | | (f) A request under Subsection (d) that is made by a person |
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| 38 | 38 | | authorized by a parking facility owner under Subsection (e) is |
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| 39 | 39 | | considered to be made by the parking facility owner. |
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| 40 | 40 | | SECTION 3. Section 2308.257, Occupations Code, is amended |
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| 41 | 41 | | by adding Subsection (f) to read as follows: |
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| 42 | 42 | | (f) A booting company may not boot a vehicle under this |
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| 43 | 43 | | section unless the parking facility owner requests that the company |
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| 44 | 44 | | boot the specific vehicle. |
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| 45 | 45 | | SECTION 4. The changes in law made by this Act to Sections |
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| 46 | 46 | | 2308.255 and 2308.257, Occupations Code, do not apply to the towing |
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| 47 | 47 | | or booting of a vehicle pursuant to a standing written agreement |
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| 48 | 48 | | between a towing company or booting company and a parking facility |
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| 49 | 49 | | owner entered into before the effective date of this Act. The |
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| 50 | 50 | | towing or booting of a vehicle pursuant to a standing written |
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| 51 | 51 | | agreement entered into before the effective date of this Act is |
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| 52 | 52 | | governed by the law as it existed immediately before the effective |
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| 53 | 53 | | date of this Act, and that law is continued in effect for that |
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| 54 | 54 | | purpose. |
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| 55 | 55 | | SECTION 5. This Act takes effect September 1, 2017. |
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