| 1 | 1 | | 86R11423 BEE-D |
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| 2 | 2 | | By: Lucio S.B. No. 1713 |
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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 the towing and booting of unauthorized vehicles on a |
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| 8 | 8 | | parking facility during certain hours. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 2308.255(d), Occupations Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (d) A towing company may tow and store a vehicle under |
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| 13 | 13 | | Subsection (a) only if the parking facility owner: |
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| 14 | 14 | | (1) requests that the towing company tow and store the |
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| 15 | 15 | | specific vehicle; or |
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| 16 | 16 | | (2) except as provided by Section 2308.2551, has a |
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| 17 | 17 | | standing written agreement with the towing company to enforce |
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| 18 | 18 | | parking restrictions in the parking facility. |
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| 19 | 19 | | SECTION 2. Subchapter F, Chapter 2308, Occupations Code, is |
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| 20 | 20 | | amended by adding Section 2308.2551 to read as follows: |
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| 21 | 21 | | Sec. 2308.2551. ADDITIONAL REQUIREMENTS FOR TOWING DURING |
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| 22 | 22 | | CERTAIN HOURS. (a) A towing company may tow and store a vehicle |
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| 23 | 23 | | under Section 2308.255(a) between the hours of 8 a.m. and 5 p.m. on |
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| 24 | 24 | | a weekday only if the parking facility owner requests in writing |
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| 25 | 25 | | that the towing company tow and store the specific vehicle. |
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| 26 | 26 | | (b) A written request required under Subsection (a) must: |
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| 27 | 27 | | (1) include: |
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| 28 | 28 | | (A) a statement that the vehicle is to be towed |
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| 29 | 29 | | and stored at the request of the parking facility owner; |
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| 30 | 30 | | (B) the name of the parking facility owner; and |
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| 31 | 31 | | (C) the parking facility owner's justification |
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| 32 | 32 | | for requesting the removal of the vehicle and photographs, if any, |
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| 33 | 33 | | supporting the justification; and |
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| 34 | 34 | | (2) be maintained by the towing company for at least 90 |
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| 35 | 35 | | days after the date the request was made. |
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| 36 | 36 | | SECTION 3. Subchapter F, Chapter 2308, Occupations Code, is |
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| 37 | 37 | | amended by adding Section 2308.2571 to read as follows: |
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| 38 | 38 | | Sec. 2308.2571. ADDITIONAL REQUIREMENTS FOR BOOTING DURING |
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| 39 | 39 | | CERTAIN HOURS. (a) A boot operator may install a boot on a vehicle |
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| 40 | 40 | | located on a parking facility between the hours of 8 a.m. and 5 p.m. |
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| 41 | 41 | | on a weekday only if the parking facility owner requests in writing |
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| 42 | 42 | | that the boot operator install a boot on the vehicle. |
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| 43 | 43 | | (b) A written request required under Subsection (a) must: |
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| 44 | 44 | | (1) include: |
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| 45 | 45 | | (A) a statement that a boot is to be installed on |
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| 46 | 46 | | the vehicle at the request of the parking facility owner; |
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| 47 | 47 | | (B) the name of the parking facility owner; and |
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| 48 | 48 | | (C) the parking facility owner's justification |
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| 49 | 49 | | for requesting the installation of the boot on the vehicle and |
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| 50 | 50 | | photographs, if any, supporting the justification; and |
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| 51 | 51 | | (2) be maintained by the booting company for at least |
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| 52 | 52 | | 90 days after the date the request was made. |
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| 53 | 53 | | SECTION 4. The changes in law made by this Act apply only to |
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| 54 | 54 | | the towing or booting of a vehicle initiated on or after the |
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| 55 | 55 | | effective date of this Act. The towing or booting of a vehicle |
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| 56 | 56 | | initiated before the effective date of this Act is governed by the |
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| 57 | 57 | | law in effect at the time the towing or booting was initiated, and |
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| 58 | 58 | | the former law is continued in effect for that purpose. |
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| 59 | 59 | | SECTION 5. This Act takes effect September 1, 2019. |
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