88R13725 KBB-D
By: Morales of Maverick H.B. No. 3963
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement of parking rules or policies for a
multiunit complex by a third-party parking enforcement vendor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 92, Property Code, is
amended by adding Section 92.0133 to read as follows:
Sec. 92.0133. THIRD-PARTY PARKING ENFORCEMENT PROHIBITED.
(a) In this section:
(1) "Multiunit complex" has the meaning assigned by
Section 92.151.
(2) "Third-party parking enforcement vendor":
(A) means a person who, for compensation:
(i) issues a purported citation demanding
payment of a fee by the operator of a vehicle parked in a parking
area for an alleged violation of the parking rules or policies
governing the parking area; and
(ii) enforces or attempts to enforce the
purported citation privately, including through referring an
alleged delinquency in paying the purported citation to a
collections agency for initiation of civil litigation; and
(B) does not include a booting company or towing
company operating in accordance with Chapter 2308, Occupations
Code, and applicable local regulations.
(b) A landlord may not contract with a third-party parking
enforcement vendor to enforce parking rules or policies in the
parking area of a multiunit complex.
SECTION 2. Section 92.0133, Property Code, as added by this
Act, applies only to a contract entered into on or after the
effective date of this Act. A contract entered into before the
effective date of this Act is governed by the law in effect on the
date the contract was entered into, and the former law is continued
in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2023.