| 1 | 1 | | 85S12004 BEE-D |
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| 2 | 2 | | By: Villalba H.B. No. 385 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to motor vehicle booting. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 2308.002(1-a), Occupations Code, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (1-a) "Boot" means a [lockable road wheel clamp or |
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| 12 | 12 | | similar vehicle immobilization] device that, when installed and |
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| 13 | 13 | | locked on any part of a parked vehicle, is designed to: |
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| 14 | 14 | | (A) immobilize the [a parked] vehicle and prevent |
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| 15 | 15 | | its movement; or |
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| 16 | 16 | | (B) otherwise prevent the lawful operation of the |
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| 17 | 17 | | vehicle [until the device is unlocked or removed]. |
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| 18 | 18 | | SECTION 2. Section 2308.2085(b), Occupations Code, as |
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| 19 | 19 | | amended by S.B. No. 1501 and S.B. No. 2065, Acts of the 85th |
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| 20 | 20 | | Legislature, Regular Session, 2017, is reenacted and amended to |
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| 21 | 21 | | read as follows: |
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| 22 | 22 | | (b) Regulations adopted under this section must: |
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| 23 | 23 | | (1) establish the maximum amount that may be charged |
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| 24 | 24 | | for a boot removal fee; |
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| 25 | 25 | | (2) incorporate the requirements of Sections 2308.257 |
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| 26 | 26 | | and 2308.258; |
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| 27 | 27 | | (3) [(2)] include procedures for vehicle owners and |
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| 28 | 28 | | operators to file a complaint with the local authority regarding a |
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| 29 | 29 | | booting company or operator; and |
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| 30 | 30 | | (4) [(3)] provide for: |
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| 31 | 31 | | (A) the imposition of a penalty on a booting |
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| 32 | 32 | | company or operator for a violation of Section 2308.258; and |
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| 33 | 33 | | (B) the revocation of the license, permit, or |
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| 34 | 34 | | other authorization of a booting company if the company violates |
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| 35 | 35 | | Section 2308.258 more than twice in a five-year period. |
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| 36 | 36 | | SECTION 3. Section 2308.258, Occupations Code, as added by |
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| 37 | 37 | | S.B. No. 1501 and S.B. No. 2065, Acts of the 85th Legislature, |
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| 38 | 38 | | Regular Session, 2017, is reenacted and amended to read as follows: |
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| 39 | 39 | | Sec. 2308.258. BOOT INSTALLATION AND REMOVAL. (a) A boot |
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| 40 | 40 | | operator may install a boot on an unauthorized vehicle in a parking |
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| 41 | 41 | | facility without the consent of the vehicle owner or operator only |
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| 42 | 42 | | if the vehicle has been parked, stored, or located on the parking |
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| 43 | 43 | | facility continuously for 30 minutes or longer. |
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| 44 | 44 | | (b) A booting company responsible for the installation of a |
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| 45 | 45 | | boot on a vehicle shall remove the boot not later than one hour |
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| 46 | 46 | | after the time the owner or operator of the vehicle contacts the |
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| 47 | 47 | | company to request removal of the boot. |
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| 48 | 48 | | (c) [(b)] A booting company shall waive the amount of the |
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| 49 | 49 | | fee for removal of a boot, excluding any associated parking fees, |
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| 50 | 50 | | if: |
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| 51 | 51 | | (1) the boot operator installs a boot in violation of |
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| 52 | 52 | | Subsection (a); or |
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| 53 | 53 | | (2) the company fails to have the boot removed within |
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| 54 | 54 | | the time prescribed by Subsection (b) [(a)]. |
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| 55 | 55 | | (d) [(c)] A booting company may not: |
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| 56 | 56 | | (1) charge a boot removal fee that is greater than the |
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| 57 | 57 | | maximum amount established by a local authority; or |
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| 58 | 58 | | (2) if the booting company is responsible for the |
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| 59 | 59 | | installation of more than one boot on a vehicle, [may not] charge a |
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| 60 | 60 | | total amount for the removal of the boots that is greater than the |
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| 61 | 61 | | amount of the fee for the removal of a single boot. |
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| 62 | 62 | | SECTION 4. This Act takes effect immediately if it receives |
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| 63 | 63 | | a vote of two-thirds of all the members elected to each house, as |
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| 64 | 64 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 65 | 65 | | Act does not receive the vote necessary for immediate effect, this |
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| 66 | 66 | | Act takes effect December 1, 2017. |
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