Texas 2017 - 85th Regular

Texas House Bill HB925 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R20200 BEE-D
2	2	By: Villalba, Capriglione, Anchia, Alvarado H.B. No. 925
3	3	Substitute the following for H.B. No. 925:
4	4	By: Alvarado C.S.H.B. No. 925
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation of the booting of vehicles; imposing an
10	10	administrative penalty; changing a fee.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 2308.002(1-a), Occupations Code, is
13	13	amended to read as follows:
14	14	(1-a) "Boot" means a [lockable road wheel clamp or
15	15	similar vehicle immobilization] device that, when installed and
16	16	locked on any part of a parked vehicle, is designed to:
17	17	(A) immobilize the [a parked] vehicle and prevent
18	18	its movement; or
19	19	(B) otherwise prevent the lawful operation of the
20	20	vehicle [until the device is unlocked or removed].
21	21	SECTION 2. Section 2308.0575, Occupations Code, is amended
22	22	by adding Subsection (a-1) to read as follows:
23	23	(a-1) The commission by rule shall establish the maximum
24	24	amount that may be charged for a boot removal fee.
25	25	SECTION 3. Subchapter E, Chapter 2308, Occupations Code, is
26	26	amended by adding Section 2308.2066 to read as follows:
27	27	Sec. 2308.2066. FEES FOR BOOT REMOVAL. (a) A license or
28	28	permit holder may not charge a boot removal fee that is greater
29	29	than:
30	30	(1) the maximum amount that may be charged for a boot
31	31	removal fee established under Section 2308.0575; or
32	32	(2) a boot removal fee authorized by a political
33	33	subdivision.
34	34	(b) A booting company responsible for the installation of
35	35	more than one boot on a vehicle may not charge a total amount for the
36	36	removal of the boots that is greater than the amount of the fee for
37	37	the removal of a single boot.
38	38	SECTION 4. Section 2308.2085(b), Occupations Code, is
39	39	amended to read as follows:
40	40	(b) A municipality may regulate the fees that may be charged
41	41	in connection with the booting of a vehicle, including associated
42	42	parking fees, if the fee for boot removal does not exceed the
43	43	maximum amount that may be charged for a boot removal fee
44	44	established under Section 2308.0575.
45	45	SECTION 5. Sections 2308.257(a) and (b), Occupations Code,
46	46	are amended to read as follows:
47	47	(a) A parking facility owner may, without the consent of the
48	48	owner or operator of an unauthorized vehicle, cause a boot to be
49	49	installed on the vehicle in the parking facility if:
50	50	(1) the vehicle has been parked, stored, or located on
51	51	the parking facility continuously for 30 minutes or longer; and
52	52	(2) signs that comply with Subchapter G prohibiting
53	53	unauthorized vehicles are located on the parking facility at the
54	54	time of the booting and for the preceding 24 hours and remain
55	55	installed at the time of the booting.
56	56	(b) A boot operator that installs a boot on a vehicle must
57	57	affix a conspicuous notice to the vehicle's front windshield or
58	58	driver's side window stating:
59	59	(1) that the vehicle has been booted and damage may
60	60	occur if the vehicle is moved;
61	61	(2) the date and time the boot was installed;
62	62	(3) the name, address, and telephone number of the
63	63	booting company;
64	64	(4) a telephone number that is answered 24 hours a day
65	65	to enable the owner or operator of the vehicle to arrange for
66	66	removal of the boot;
67	67	(5) the amount of the fee for removal of the boot and
68	68	any associated parking fees; [and]
69	69	(6) notice of the right of a vehicle owner or vehicle
70	70	operator to a hearing under Subchapter J; and
71	71	(7) in the manner prescribed by the department, notice
72	72	of the procedure to file a complaint with the department for
73	73	violation of this chapter by a boot operator.
74	74	SECTION 6. Subchapter F, Chapter 2308, Occupations Code, is
75	75	amended by adding Section 2308.258 to read as follows:
76	76	Sec. 2308.258. BOOT REMOVAL. (a) A booting company
77	77	responsible for the installation of a boot on a vehicle shall remove
78	78	the boot not later than one hour after the time the owner or
79	79	operator of the vehicle contacts the company to request removal of
80	80	the boot.
81	81	(b) A booting company shall waive the amount of the fee for
82	82	removal of a boot, excluding any associated parking fees, if the
83	83	company fails to have the boot removed within the time prescribed by
84	84	Subsection (a).
85	85	SECTION 7. Section 2308.501, Occupations Code, is amended
86	86	by adding Subsection (a-1) to read as follows:
87	87	(a-1) The commission shall impose an administrative penalty
88	88	on a booting company under Subchapter F, Chapter 51, if the company
89	89	violates Section 2308.258.
90	90	SECTION 8. Subchapter K, Chapter 2308, Occupations Code, is
91	91	amended by adding Section 2308.5031 to read as follows:
92	92	Sec. 2308.5031. MANDATORY REVOCATION OF BOOTING COMPANY
93	93	LICENSE. The commission shall revoke the license of a booting
94	94	company under Subchapter G, Chapter 51, if the company violates
95	95	Section 2308.258 more than twice in a five-year period.
96	96	SECTION 9. The Texas Commission of Licensing and Regulation
97	97	shall adopt rules to implement Section 2308.0575, Occupations Code,
98	98	as amended by this Act, not later than January 1, 2018.
99	99	SECTION 10. (a) Except as provided by Subsection (b) of
100	100	this section, this Act takes effect September 1, 2017.
101	101	(b) Section 2308.2066, Occupations Code, as added by this
102	102	Act, takes effect January 1, 2018.