Texas 2025 - 89th Regular

Texas House Bill HB2614 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	89R15634 AND-F
1	2		By: Zwiener H.B. No. 2614
	3	+	Substitute the following for H.B. No. 2614:
	4	+	By: Phelan C.S.H.B. No. 2614
2	5
3	6
4	7
5	8
6	9		A BILL TO BE ENTITLED
7	10		AN ACT
8	11		relating to the regulation of motor vehicle booting.
9	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10		-	SECTION 1. Section 2308.002, Occupations Code, is amended
11		-	by amending Subdivision (1-a) to read as follows:
12		-	(1-a) "Boot" means a lockable road wheel clamp or any
13		-	other [similar vehicle immobilization] device that is designed to
14		-	immobilize a parked vehicle or restrict or [and] prevent its
15		-	operation [movement] until the device is unlocked or removed.
16		-	SECTION 2. Section 2308.2085, Occupations Code, is amended
17		-	by amending Subsection (b) and adding Subsections (c), (d), (e),
18		-	and (f) to read as follows:
	13	+	SECTION 1. Section 2308.2085(b), Occupations Code, is
	14	+	amended to read as follows:
19	15		(b) Regulations adopted under this section must:
20	16		(1) incorporate the requirements of Sections 2308.257
21	17		and 2308.258;
22	18		(2) include procedures for vehicle owners and
23	19		operators to file a complaint with the local authority regarding a
24	20		booting company or operator; [and]
25	21		(3) provide for the imposition of a penalty on a
26	22		booting company or operator for a violation of Section 2308.258;
27		-	(4) require a booting company to display on each
28		-	vehicle operated by a boot operator in the performance of booting
29		-	company business:
30		-	(A) the booting company's name;
31		-	(B) the booting company's telephone number; and
32		-	(C) the city and state where the booting company
33		-	is located; and
34		-	(5) be at least as stringent as the laws of this state.
35		-	(c) The information required to be displayed under
36		-	Subsection (b)(4) must be:
37		-	(1) printed in letters and numbers that are at least
38		-	two inches high and in a color that contrasts with the color of the
39		-	background surface; and
40		-	(2) permanently affixed in conspicuous places on both
41		-	sides of the booting company's vehicle.
42		-	(d) A booting company may not operate in a municipality that
43		-	has not adopted regulations under this section if the municipality:
44		-	(1) has a population of more than 670,000; or
45		-	(2) contains a public or private institution of higher
46		-	education, as defined by Section 552.1085, Government Code, serving
47		-	a student population of at least 20,000.
48		-	(e) A local authority regulating booting activities under
49		-	this section shall:
50		-	(1) annually publish on the local authority's Internet
51		-	website the following information relating to booting companies
52		-	operating in the authority's jurisdiction:
53		-	(A) the number of booting companies operating in
54		-	the authority's jurisdiction;
55		-	(B) the number, nature, and resolution of
56		-	complaints against or violations of this chapter or of a local
57		-	regulation by a booting company;
58		-	(C) a description of any legal proceeding against
59		-	a booting company or a parking facility contracting with a booting
60		-	company under this chapter; and
61		-	(D) the schedule of maximum booting fees and
62		-	other relevant state and local regulations of booting companies;
63	23		and
64		-	(2) maintain on the authority's Internet website:
65		-	(A) a mechanism for reporting a complaint against
66		-	a booting company and tracking any action taken on or any resolution
67		-	of a complaint against a booting company; and
68		-	(B) all relevant rules and regulations relating
69		-	to booting adopted by the local authority under this section.
70		-	(f) On request of a local authority that regulates a booting
71		-	company or parking facility owner under this section, the booting
72		-	company or parking facility owner, as applicable, shall provide a
73		-	copy of any contract between:
74		-	(1) the booting company and a parking facility owner;
75		-	or
76		-	(2) the parking facility owner and a booting company.
77		-	SECTION 3. Section 2308.257, Occupations Code, is amended
	24	+	(4) be at least as stringent as the laws of this state.
	25	+	SECTION 2. Section 2308.257, Occupations Code, is amended
78	26		by amending Subsections (a) and (b) and adding Subsection (f) to
79	27		read as follows:
80	28		(a) Subject to Subsection (f), a [A] parking facility owner
81	29		may, without the consent of the owner or operator of an unauthorized
82	30		vehicle, cause a boot to be installed on the vehicle in the parking
83	31		facility if:
84	32		(1) signs that comply with Subchapter G prohibiting
85	33		unauthorized vehicles are located on the parking facility at the
86	34		time of the booting and for the preceding 24 hours and remain
87	35		installed at the time of the booting; and
88	36		(2) the vehicle has been observed to be parked in
89		-	violation of a sign described by Subdivision (1) for a cumulative
90		-	total of at least 30 minutes during a single day by the parking
91		-	facility owner, a parking facility authorized agent, a peace
92		-	officer, or the booting company.
	37	+	violation of a sign described by Subdivision (1) for at least 30
	38	+	minutes by the parking facility owner, a parking facility
	39	+	authorized agent, a peace officer, or the booting company.
93	40		(b) A boot operator that installs a boot on a vehicle must
94	41		affix a conspicuous notice to the vehicle's front windshield or
95	42		driver's side window at least 30 minutes before the boot is
96	43		installed. The notice must state [stating]:
97	44		(1) that the vehicle will be [has been] booted and
98	45		damage may occur if the vehicle is moved after the boot has been
99	46		installed;
100	47		(2) the date and time the boot will be [was] installed;
101	48		(3) the name, address, and telephone number of the
102	49		booting company;
103	50		(4) a telephone number that is answered 24 hours a day
104	51		to enable the owner or operator of the vehicle to arrange for
105	52		removal of the boot;
106	53		(5) the amount of the fee for removal of the boot and
107	54		any associated parking fees;
108	55		(6) notice of the right of a vehicle owner or vehicle
109	56		operator to a hearing under Subchapter J; and
110	57		(7) in the manner prescribed by the local authority,
111	58		notice of the procedure to file a complaint with the local authority
112	59		for violation of this chapter by a boot operator.
113	60		(f) A parking facility owner may cause a boot to be
114	61		installed on an unauthorized vehicle under this section only during
115	62		the hours of operation of the property served by the parking
116	63		facility. This subsection does not apply to:
117	64		(1) a violation of Section 2308.251;
118	65		(2) property serving a residential purpose as defined
119	66		by Section 209.015, Property Code;
120	67		(3) a health care facility described by Section
121	68		31.002(a)(1), Health and Safety Code; or
122	69		(4) real property owned by this state or a political
123	70		subdivision of this state that directly serves an administrative
124	71		government purpose or is used to provide government services,
125	72		including a county, municipality, special district, school
126	73		district, junior college district, or housing authority.
127		-	SECTION 4. Section 2308.404, Occupations Code, is amended
128		-	by adding Subsections (d), (e), and (f) to read as follows:
129		-	(d) In addition to the liability established under
130		-	Subsection (c), a booting company or parking facility owner who
131		-	intentionally, knowingly, or recklessly violates this chapter with
132		-	respect to a booting is liable to the owner or operator of the
133		-	vehicle that is the subject of the violation for the cost of any
134		-	lost work hours and transportation costs associated with the
135		-	booting.
136		-	(e) A local authority that regulates a booting company under
137		-	Section 2308.2085 shall prohibit a booting company that
138		-	intentionally, knowingly, or recklessly violates this chapter from
139		-	operating in the jurisdiction in which the violation occurred for a
140		-	period not to exceed two years.
141		-	(f) A parking facility owner and a booting company operating
142		-	under contract with the parking facility shall be jointly and
143		-	severally liable for an award in an action under this section by
144		-	relating to a booting.
145		-	SECTION 5. This Act takes effect September 1, 2025.
	74	+	SECTION 3. This Act takes effect September 1, 2025.