85R6039 BEE-D
By: Villalba H.B. No. 925
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of the booting of vehicles; imposing an
administrative penalty; changing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2308.2085, Occupations Code, is amended
by amending Subsection (b) and adding Subsection (d) to read as
follows:
(b) Subject to Subsection (d), a [A] municipality may
regulate the fees that may be charged in connection with the booting
of a vehicle, including associated parking fees.
(d) The fee that may be charged for the removal of a boot may
not exceed $100.
SECTION 2. Section 2308.257, Occupations Code, is amended
by amending Subsections (a) and (b) and adding Subsection (b-1) to
read as follows:
(a) A parking facility owner may, without the consent of the
owner or operator of an unauthorized vehicle, cause a boot to be
installed on the vehicle in the parking facility if:
(1) the vehicle has been parked, stored, or located on
the parking facility continuously for one hour or longer; and
(2) signs that comply with Subchapter G prohibiting
unauthorized vehicles are located on the parking facility at the
time of the booting and for the preceding 24 hours and remain
installed at the time of the booting.
(b) A boot operator that installs a boot on a vehicle must
affix a conspicuous notice to the vehicle's front windshield or
driver's side window stating:
(1) that the vehicle has been booted and damage may
occur if the vehicle is moved;
(2) the date and time the boot was installed;
(3) the name, address, and telephone number of the
booting company;
(4) a telephone number that is answered 24 hours a day
to enable the owner or operator of the vehicle to arrange for
removal of the boot;
(5) the amount of the fee for removal of the boot and
any associated parking fees; [and]
(6) notice of the right of a vehicle owner or vehicle
operator to a hearing under Subchapter J; and
(7) in the manner prescribed by the department, notice
of the procedure to file a complaint with the department for
violation of this chapter by a boot operator.
(b-1) No more than one boot may be installed on a vehicle at
any time.
SECTION 3. Subchapter F, Chapter 2308, Occupations Code, is
amended by adding Section 2308.258 to read as follows:
Sec. 2308.258. BOOT REMOVAL. (a) A booting company
responsible for the installation of a boot on a vehicle shall remove
the boot not later than one hour after the time the owner or
operator of the vehicle contacts the company to request removal of
the boot.
(b) A booting company shall waive the amount of the fee for
removal of a boot, excluding any associated parking fees, if the
company fails to have the boot removed within the time prescribed by
Subsection (a).
SECTION 4. Section 2308.501, Occupations Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) The commission shall impose an administrative penalty
on a booting company under Subchapter F, Chapter 51, if the company
violates Section 2308.258.
SECTION 5. Subchapter K, Chapter 2308, Occupations Code, is
amended by adding Section 2308.5031 to read as follows:
Sec. 2308.5031. MANDATORY REVOCATION OF BOOTING COMPANY
LICENSE. The commission shall revoke the license of a booting
company under Subchapter G, Chapter 51, if the company violates
Section 2308.258 more than twice in a five-year period.
SECTION 6. This Act takes effect September 1, 2017.