89R15634 AND-F
By: Zwiener H.B. No. 2614
Substitute the following for H.B. No. 2614:
By: Phelan C.S.H.B. No. 2614
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of motor vehicle booting.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2308.2085(b), Occupations Code, is
amended to read as follows:
(b) Regulations adopted under this section must:
(1) incorporate the requirements of Sections 2308.257
and 2308.258;
(2) include procedures for vehicle owners and
operators to file a complaint with the local authority regarding a
booting company or operator; [and]
(3) provide for the imposition of a penalty on a
booting company or operator for a violation of Section 2308.258;
and
(4) be at least as stringent as the laws of this state.
SECTION 2. Section 2308.257, Occupations Code, is amended
by amending Subsections (a) and (b) and adding Subsection (f) to
read as follows:
(a) Subject to Subsection (f), a [A] parking facility owner
may, without the consent of the owner or operator of an unauthorized
vehicle, cause a boot to be installed on the vehicle in the parking
facility if:
(1) signs that comply with Subchapter G prohibiting
unauthorized vehicles are located on the parking facility at the
time of the booting and for the preceding 24 hours and remain
installed at the time of the booting; and
(2) the vehicle has been observed to be parked in
violation of a sign described by Subdivision (1) for at least 30
minutes by the parking facility owner, a parking facility
authorized agent, a peace officer, or the booting company.
(b) A boot operator that installs a boot on a vehicle must
affix a conspicuous notice to the vehicle's front windshield or
driver's side window at least 30 minutes before the boot is
installed. The notice must state [stating]:
(1) that the vehicle will be [has been] booted and
damage may occur if the vehicle is moved after the boot has been
installed;
(2) the date and time the boot will be [was] installed;
(3) the name, address, and telephone number of the
booting company;
(4) a telephone number that is answered 24 hours a day
to enable the owner or operator of the vehicle to arrange for
removal of the boot;
(5) the amount of the fee for removal of the boot and
any associated parking fees;
(6) notice of the right of a vehicle owner or vehicle
operator to a hearing under Subchapter J; and
(7) in the manner prescribed by the local authority,
notice of the procedure to file a complaint with the local authority
for violation of this chapter by a boot operator.
(f) A parking facility owner may cause a boot to be
installed on an unauthorized vehicle under this section only during
the hours of operation of the property served by the parking
facility. This subsection does not apply to:
(1) a violation of Section 2308.251;
(2) property serving a residential purpose as defined
by Section 209.015, Property Code;
(3) a health care facility described by Section
31.002(a)(1), Health and Safety Code; or
(4) real property owned by this state or a political
subdivision of this state that directly serves an administrative
government purpose or is used to provide government services,
including a county, municipality, special district, school
district, junior college district, or housing authority.
SECTION 3. This Act takes effect September 1, 2025.