85R20200 BEE-D
By: Villalba, Capriglione, Anchia, Alvarado H.B. No. 925
Substitute the following for H.B. No. 925:
By: Alvarado C.S.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 2308.002(1-a), Occupations Code, is
amended to read as follows:
(1-a) "Boot" means a [lockable road wheel clamp or
similar vehicle immobilization] device that, when installed and
locked on any part of a parked vehicle, is designed to:
(A) immobilize the [a parked] vehicle and prevent
its movement; or
(B) otherwise prevent the lawful operation of the
vehicle [until the device is unlocked or removed].
SECTION 2. Section 2308.0575, Occupations Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) The commission by rule shall establish the maximum
amount that may be charged for a boot removal fee.
SECTION 3. Subchapter E, Chapter 2308, Occupations Code, is
amended by adding Section 2308.2066 to read as follows:
Sec. 2308.2066. FEES FOR BOOT REMOVAL. (a) A license or
permit holder may not charge a boot removal fee that is greater
than:
(1) the maximum amount that may be charged for a boot
removal fee established under Section 2308.0575; or
(2) a boot removal fee authorized by a political
subdivision.
(b) A booting company responsible for the installation of
more than one boot on a vehicle may not charge a total amount for the
removal of the boots that is greater than the amount of the fee for
the removal of a single boot.
SECTION 4. Section 2308.2085(b), Occupations Code, is
amended to read as follows:
(b) A municipality may regulate the fees that may be charged
in connection with the booting of a vehicle, including associated
parking fees, if the fee for boot removal does not exceed the
maximum amount that may be charged for a boot removal fee
established under Section 2308.0575.
SECTION 5. Sections 2308.257(a) and (b), Occupations Code,
are amended 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 30 minutes 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.
SECTION 6. 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 7. 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 8. 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 9. The Texas Commission of Licensing and Regulation
shall adopt rules to implement Section 2308.0575, Occupations Code,
as amended by this Act, not later than January 1, 2018.
SECTION 10. (a) Except as provided by Subsection (b) of
this section, this Act takes effect September 1, 2017.
(b) Section 2308.2066, Occupations Code, as added by this
Act, takes effect January 1, 2018.