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A BILL TO BE ENTITLED
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AN ACT
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relating to motor vehicle booting. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2308.002(1-a), Occupations Code, is |
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amended to read as follows: |
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(1-a) "Boot" means a [lockable road wheel clamp or
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similar vehicle immobilization] device that, when installed and |
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locked on any part of a parked vehicle, is designed to: |
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(A) immobilize the [a parked] vehicle and prevent |
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its movement; or |
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(B) otherwise prevent the lawful operation of the |
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vehicle [until the device is unlocked or removed]. |
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SECTION 2. Section 2308.2085(b), Occupations Code, as |
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amended by S.B. No. 1501 and S.B. No. 2065, Acts of the 85th |
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Legislature, Regular Session, 2017, is reenacted and amended to |
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read as follows: |
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(b) Regulations adopted under this section must: |
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(1) establish the maximum amount that may be charged |
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for a boot removal fee; |
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(2) incorporate the requirements of Sections 2308.257 |
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and 2308.258; |
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(3) [(2)] include procedures for vehicle owners and |
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operators to file a complaint with the local authority regarding a |
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booting company or operator; and |
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(4) [(3)] provide for: |
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(A) the imposition of a penalty on a booting |
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company or operator for a violation of Section 2308.258; and |
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(B) the revocation of the license, permit, or |
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other authorization of a booting company if the company violates |
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Section 2308.258 more than twice in a five-year period. |
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SECTION 3. Section 2308.258, Occupations Code, as added by |
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S.B. No. 1501 and S.B. No. 2065, Acts of the 85th Legislature, |
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Regular Session, 2017, is reenacted and amended to read as follows: |
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Sec. 2308.258. BOOT INSTALLATION AND REMOVAL. (a) A boot |
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operator may install a boot on an unauthorized vehicle in a parking |
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facility without the consent of the vehicle owner or operator only |
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if the vehicle has been parked, stored, or located on the parking |
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facility continuously for 30 minutes or longer. |
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(b) A booting company responsible for the installation of a |
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boot on a vehicle shall remove the boot not later than one hour |
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after the time the owner or operator of the vehicle contacts the |
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company to request removal of the boot. |
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(c) [(b)] A booting company shall waive the amount of the |
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fee for removal of a boot, excluding any associated parking fees, |
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if: |
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(1) the boot operator installs a boot in violation of |
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Subsection (a); or |
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(2) the company fails to have the boot removed within |
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the time prescribed by Subsection (b) [(a)]. |
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(d) [(c)] A booting company may not: |
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(1) charge a boot removal fee that is greater than the |
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maximum amount established by a local authority; or |
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(2) if the booting company is responsible for the |
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installation of more than one boot on a vehicle, [may not] charge a |
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total amount for the removal of the boots that is greater than the |
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amount of the fee for the removal of a single boot. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect December 1, 2017. |