By: Taylor of Galveston S.B. No. 2115
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of motor vehicle towing and booting.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2308.0575, Occupations Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) In adopting rules under Subsection (a), the
commission may not establish a fee for a private property tow that
is greater than the national average fee for a private property tow.
SECTION 2. 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 the national average fee for the removal of a boot.
SECTION 3. Section 2308.254, Occupations Code, is amended
to read as follows:
Sec. 2308.254. LIMITATION ON PARKING FACILITY OWNER'S
AUTHORITY TO REMOVE OR BOOT UNAUTHORIZED VEHICLE. (a) Except as
provided by Subsection (b), a [A] parking facility owner may not
have an unauthorized vehicle removed from the facility or booted
unless:
(1) the vehicle has been parked, stored, or located on
the parking facility continuously for thirty minutes or longer; and
(2) the removal or booting is performed [except]:
(A) [(1)] as provided by this chapter or a
municipal ordinance that complies with Section 2308.208; or
(B) [(2)] under the direction of a peace officer
or the owner or operator of the vehicle.
(b) A parking facility owner may have an unauthorized
vehicle that has been parked, stored, or located on the parking
facility continuously for less than one hour removed from the
facility as provided in Subsection (a) if the vehicle:
(1) is in or obstructs a fire lane marked according to
Section 2308.25l(c); or
(2) does not display the special license plates issued
under Section 504.201, Transportation Code, or the disabled parking
placard issued under Chapter 681, Transportation Code, for a
vehicle transporting a disabled person and is in a parking space
that is designated for the exclusive use of a vehicle transporting a
disabled person.
SECTION 4. Section 2308.255(d), Occupations Code, is
amended to read as follows:
(d) A towing company may not remove and store a vehicle
under Subsection (a) and a boot operator may not boot a vehicle
under Section 2308.257 unless:
(1) [only if] the parking facility owner:
(A) [(1)] requests that the towing company remove
and store or that the boot operator boot the specific vehicle; and
[or]
(B) is physically present on [(2) has a standing
written agreement with the towing company or boot operator to
enforce parking restrictions in] the parking facility at the time
the vehicle is towed or booted; and
(2) the towing operator or boot operator takes at
least one photograph that:
(A) shows the location of the vehicle on the
parking facility; and
(B) includes an accurate time stamp.
SECTION 5. Section 2308.257(a), Occupations Code, is
amended to read as follows:
(a) Subject to Sections 2308.254 and 2308.255, 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 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.
SECTION 6. Subchapter I, Chapter 2308, Occupations Code, is
amended by adding Section 2308.408 to read as follows:
Sec. 2308.408. PROHIBITED TOWING COMPANY AND BOOTING COMPANY
ACTIVITY. A towing company or booting company may not directly or
indirectly compensate a person who is not licensed under this
chapter to perform towing or booting operations to:
(1) monitor a parking facility for unauthorized
vehicles; or
(2) notify the towing company or booting company of
unauthorized vehicles left on a parking facility.
SECTION 7. The changes in law made by this Act to Section
2308.255, Occupations Code, do not apply to the towing or booting of
a vehicle under 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 under 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 8. This Act takes effect September 1, 2017.