85R6478 BEE-D
By: Lucio III H.B. No. 2733
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a towing company or booting company to
remove and store or boot an unauthorized vehicle in a parking
facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 2308.255, Occupations
Code, is amended to read as follows:
Sec. 2308.255. TOWING COMPANY'S [OR BOOT OPERATOR'S]
AUTHORITY TO REMOVE AND STORE [OR BOOT] UNAUTHORIZED VEHICLE.
SECTION 2. Section 2308.255, Occupations Code, is amended
by amending Subsection (d) and adding Subsections (e) and (f) to
read as follows:
(d) A towing company may not remove and store a vehicle
under Subsection (a) unless [and a boot operator may boot a vehicle
under Section 2308.257 only if] the parking facility owner or a
person authorized by the parking facility owner under Subsection
(e) [:
[(1)] requests that the towing company remove and
store [or that the boot operator boot] the specific vehicle[; or
[(2) has a standing written agreement with the towing
company or boot operator to enforce parking restrictions in the
parking facility].
(e) A parking facility owner may authorize a person to
request that a towing company remove and store a specific vehicle
under Subsection (d) if:
(1) the person is authorized by the parking facility
owner to park a vehicle in a specific space in the parking facility;
and
(2) the vehicle the person is requesting to be towed is
obstructing or occupying the space in which the person is
authorized to park.
(f) A request under Subsection (d) that is made by a person
authorized by a parking facility owner under Subsection (e) is
considered to be made by the parking facility owner.
SECTION 3. Section 2308.257, Occupations Code, is amended
by adding Subsection (f) to read as follows:
(f) A booting company may not boot a vehicle under this
section unless the parking facility owner requests that the company
boot the specific vehicle.
SECTION 4. The changes in law made by this Act to Sections
2308.255 and 2308.257, Occupations Code, do not apply to the towing
or booting of a vehicle pursuant to a standing written agreement
between a towing company or booting company and a parking facility
owner entered into before the effective date of this Act. The
towing or booting of a vehicle pursuant to a standing written
agreement entered into before the effective date of this Act is
governed by the law as it existed immediately before the effective
date of this Act, and that law is continued in effect for that
purpose.
SECTION 5. This Act takes effect September 1, 2017.