Texas 2021 - 87th Regular

Texas House Bill HB3982 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R11004 BEE-D
2	2	By: Neave H.B. No. 3982
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of motor vehicle towing and booting.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 2308.253(d), Occupations Code, is
10	10	amended to read as follows:
11	11	(d) A [Except as provided by a contract described by
12	12	Subsection (e), a] parking facility owner may not have a vehicle
13	13	towed from the parking facility merely because the vehicle does not
14	14	display an unexpired license plate or registration insignia issued
15	15	for the vehicle under Chapter 502, Transportation Code, or the
16	16	vehicle registration law of another state or country.
17	17	SECTION 2. Section 2308.301(b), Occupations Code, is
18	18	amended to read as follows:
19	19	(b) Except as provided by Section 2308.305, an unauthorized
20	20	vehicle may be towed under Section 2308.252(a)(1) or booted under
21	21	Section 2308.257 only if each sign prohibiting unauthorized
22	22	vehicles:
23	23	(1) is made of weather-resistant material;
24	24	(2) is at least 18 inches wide and 24 inches tall;
25	25	(3) contains the international symbol for towing
26	26	vehicles;
27	27	(4) contains a statement describing who may park in
28	28	the parking facility and prohibiting all others;
29	29	(5) bears the words, as applicable:
30	30	(A) "Unauthorized Vehicles Will Be Towed or
31	31	Booted at Owner's or Operator's Expense";
32	32	(B) "Unauthorized Vehicles Will Be Towed at
33	33	Owner's or Operator's Expense"; or
34	34	(C) "Unauthorized Vehicles Will Be Booted at
35	35	Owner's or Operator's Expense";
36	36	(6) contains a statement of the days and hours of
37	37	towing and booting enforcement; [and]
38	38	(7) contains a number, including the area code, of a
39	39	telephone that is answered 24 hours a day to enable an owner or
40	40	operator of a vehicle to locate a towed vehicle or to arrange for
41	41	removal of a boot from a vehicle; and
42	42	(8) contains a statement describing a person's right
43	43	to request a court hearing to determine whether probable cause
44	44	existed to remove, or install a boot on, a vehicle.
45	45	SECTION 3. Section 2308.302, Occupations Code, is amended
46	46	by amending Subsection (d) and adding Subsection (f) to read as
47	47	follows:
48	48	(d) Except as provided by Subsections [Subsection] (e) and
49	49	(f), the next lower portion of the sign must contain the remaining
50	50	information required by Section 2308.301(b) displayed in bright red
51	51	letters at least one inch in height on a white background.
52	52	(f) A sign that otherwise meets the requirements of this
53	53	subchapter meets the requirements of Section 2308.301(b)(8) if a
54	54	separate sign installed directly above or below the sign contains
55	55	the statement describing a person's right to request a hearing
56	56	required by Section 2308.301(b)(8).
57	57	SECTION 4. Section 2308.404, Occupations Code, is amended
58	58	by amending Subsection (c) and adding Subsection (d) to read as
59	59	follows:
60	60	(c) A towing company, booting company, or parking facility
61	61	owner who intentionally, knowingly, or recklessly violates this
62	62	chapter is liable to the owner or operator of the vehicle that is
63	63	the subject of the violation for:
64	64	(1) an amount equal to $1,000 plus three times the
65	65	amount of fees assessed in the vehicle's removal, towing, storage,
66	66	or booting;
67	67	(2) the reasonable costs of photographs and other
68	68	documentation related to the towing or booting submitted to the
69	69	court by the vehicle owner or operator; and
70	70	(3) court costs and reasonable attorney's fees.
71	71	(d) A vehicle owner or operator may bring a civil action
72	72	pursuant to this section regardless of whether the owner or
73	73	operator requests a hearing under Subchapter J.
74	74	SECTION 5. Subchapter I, Chapter 2308, Occupations Code, is
75	75	amended by adding Section 2308.408 to read as follows:
76	76	Sec. 2308.408. PREDATORY TOWING AND BOOTING PROHIBITED.
77	77	(a) In this section, "predatory towing" or "predatory booting"
78	78	means the towing or booting, as applicable, of a vehicle that:
79	79	(1) involves an authorized or unauthorized vehicle
80	80	that has been left unattended on a parking facility for 30 minutes
81	81	or less;
82	82	(2) is made from or on, as applicable, a parking
83	83	facility on which reserved or unreserved parking spaces remain
84	84	available; and
85	85	(3) is a result of the monitoring of a parking facility
86	86	by a towing company or operator or booting company or operator.
87	87	(b) A towing company or operator or booting company or
88	88	operator may not engage in predatory towing or booting.
89	89	(c) An agreement between a parking facility owner and a
90	90	towing company or operator or booting company or operator,
91	91	including a standard written agreement required under Section
92	92	2308.255(d), may not include a provision authorizing predatory
93	93	towing or booting.
94	94	(d) The commission by rule shall establish standards
95	95	regarding the monitoring of a parking facility as described by
96	96	Subsection (a)(3).
97	97	SECTION 6. Section 2308.455, Occupations Code, is amended
98	98	to read as follows:
99	99	Sec. 2308.455. CONTENTS OF NOTICE. The notice under
100	100	Section 2308.454 must include:
101	101	(1) a statement of:
102	102	(A) the person's right to submit a request within
103	103	60 [14] days for a court hearing to determine whether probable cause
104	104	existed to remove, or install a boot on, the vehicle;
105	105	(B) the information that a request for a hearing
106	106	must contain;
107	107	(C) any filing fee for the hearing; and
108	108	(D) the person's right to request a hearing in
109	109	any justice court in:
110	110	(i) the county from which the vehicle was
111	111	towed; or
112	112	(ii) for booted vehicles, the county in
113	113	which the parking facility is located;
114	114	(2) the name, address, and telephone number of the
115	115	towing company that removed the vehicle or the booting company that
116	116	booted the vehicle;
117	117	(3) the name, address, telephone number, and county of
118	118	the vehicle storage facility in which the vehicle was placed;
119	119	(4) the name, street address including city, state,
120	120	and zip code, and telephone number of the person, parking facility
121	121	owner, or law enforcement agency that authorized the removal of the
122	122	vehicle; and
123	123	(5) the name, address, and telephone number of each
124	124	justice court in the county from which the vehicle was towed or, for
125	125	booted vehicles, the county in which the parking facility is
126	126	located, or the address of an Internet website maintained by the
127	127	Office of Court Administration of the Texas Judicial System that
128	128	contains the name, address, and telephone number of each justice
129	129	court in that county.
130	130	SECTION 7. Sections 2308.456(a), (c), and (c-1),
131	131	Occupations Code, are amended to read as follows:
132	132	(a) Except as provided by Subsections (c) and (c-1), a
133	133	person entitled to a hearing under this chapter must deliver a
134	134	written request for the hearing to the court before the 60th [14th]
135	135	day after the date the vehicle was removed and placed in the vehicle
136	136	storage facility or booted, excluding Saturdays, Sundays, and legal
137	137	holidays.
138	138	(c) If notice was not given under Section 2308.454, the
139	139	60-day [14-day] deadline for requesting a hearing under Subsection
140	140	(a) does not apply, and the owner or operator of the vehicle may
141	141	deliver a written request for a hearing at any time.
142	142	(c-1) The 60-day [14-day] period for requesting a hearing
143	143	under Subsection (a) does not begin until the date on which the
144	144	towing company or vehicle storage facility provides to the vehicle
145	145	owner or operator the information necessary for the vehicle owner
146	146	or operator to complete the material for the request for hearing
147	147	required under Subsections (b)(2) through (6).
148	148	SECTION 8. Section 2308.458, Occupations Code, is amended
149	149	by amending Subsections (c) and (c-1) to read as follows:
150	150	(c) The issues in a hearing regarding a towed vehicle under
151	151	this chapter are:
152	152	(1) whether probable cause existed for the removal and
153	153	placement of the vehicle;
154	154	(2) whether a towing charge imposed or collected in
155	155	connection with the removal or placement of the vehicle was greater
156	156	than the amount authorized by the political subdivision under
157	157	Section 2308.201 or 2308.202;
158	158	(3) whether a towing charge imposed or collected in
159	159	connection with the removal or placement of the vehicle was greater
160	160	than the amount authorized under Section 2308.203; [or]
161	161	(4) whether a towing charge imposed or collected in
162	162	connection with the removal or placement of the vehicle was greater
163	163	than the amount authorized under Section 2308.0575;
164	164	(5) whether a towing company or operator engaged in
165	165	predatory towing, as defined by Section 2308.408(a); and
166	166	(6) whether a parking facility operator entered into
167	167	an agreement with a towing company or operator authorizing
168	168	predatory towing in violation of Section 2308.408(c).
169	169	(c-1) The issues in a hearing regarding a booted vehicle
170	170	under this chapter are:
171	171	(1) whether probable cause existed for the booting of
172	172	the vehicle; [and]
173	173	(2) whether a boot removal charge imposed or collected
174	174	in connection with the removal of the boot from the vehicle was
175	175	greater than the amount authorized by the political subdivision
176	176	under Section 2308.2085;
177	177	(3) whether a booting company or operator engaged in
178	178	predatory booting, as defined by Section 2308.408(a); and
179	179	(4) whether a parking facility operator entered into
180	180	an agreement with a booting company or operator authorizing
181	181	predatory booting in violation of Section 2308.408(c).
182	182	SECTION 9. Section 2308.253(e), Occupations Code, is
183	183	repealed.
184	184	SECTION 10. Not later than December 1, 2021, the Texas
185	185	Department of Licensing and Regulation shall adopt rules as
186	186	necessary to implement Section 2308.408, Occupations Code, as added
187	187	by this Act.
188	188	SECTION 11. The changes in law made by this Act apply only
189	189	to the towing or booting of a vehicle initiated on or after January
190	190	1, 2022. The towing or booting of a vehicle initiated before
191	191	January 1, 2022, is governed by the law in effect at the time the
192	192	towing or booting was initiated, and the former law is continued in
193	193	effect for that purpose.
194	194	SECTION 12. (a) Except as provided by Subsection (b) of
195	195	this section, this Act takes effect January 1, 2022.
196	196	(b) Section 10 of this Act takes effect September 1, 2021.