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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of the booting of vehicles; imposing an |
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administrative penalty; changing a fee. |
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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 2308.0575, Occupations Code, is amended |
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by adding Subsection (a-1) to read as follows: |
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(a-1) The commission by rule shall establish the maximum |
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amount that may be charged for a boot removal fee. |
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SECTION 3. Subchapter E, Chapter 2308, Occupations Code, is |
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amended by adding Section 2308.2066 to read as follows: |
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Sec. 2308.2066. FEES FOR BOOT REMOVAL. (a) A license or |
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permit holder may not charge a boot removal fee that is greater |
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than: |
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(1) the maximum amount that may be charged for a boot |
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removal fee established under Section 2308.0575; or |
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(2) a boot removal fee authorized by a political |
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subdivision. |
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(b) A booting company responsible for the installation of |
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more than one boot on a vehicle may not charge a total amount for the |
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removal of the boots that is greater than the amount of the fee for |
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the removal of a single boot. |
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SECTION 4. Section 2308.2085(b), Occupations Code, is |
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amended to read as follows: |
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(b) A municipality may regulate the fees that may be charged |
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in connection with the booting of a vehicle, including associated |
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parking fees, if the fee for boot removal does not exceed the |
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maximum amount that may be charged for a boot removal fee |
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established under Section 2308.0575. |
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SECTION 5. Sections 2308.257(a) and (b), Occupations Code, |
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are amended to read as follows: |
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(a) A parking facility owner may, without the consent of the |
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owner or operator of an unauthorized vehicle, cause a boot to be |
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installed on the vehicle in the parking facility if: |
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(1) the vehicle has been parked, stored, or located on |
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the parking facility continuously for 30 minutes or longer; and |
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(2) signs that comply with Subchapter G prohibiting |
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unauthorized vehicles are located on the parking facility at the |
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time of the booting and for the preceding 24 hours and remain |
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installed at the time of the booting. |
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(b) A boot operator that installs a boot on a vehicle must |
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affix a conspicuous notice to the vehicle's front windshield or |
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driver's side window stating: |
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(1) that the vehicle has been booted and damage may |
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occur if the vehicle is moved; |
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(2) the date and time the boot was installed; |
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(3) the name, address, and telephone number of the |
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booting company; |
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(4) a telephone number that is answered 24 hours a day |
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to enable the owner or operator of the vehicle to arrange for |
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removal of the boot; |
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(5) the amount of the fee for removal of the boot and |
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any associated parking fees; [and] |
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(6) notice of the right of a vehicle owner or vehicle |
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operator to a hearing under Subchapter J; and |
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(7) in the manner prescribed by the department, notice |
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of the procedure to file a complaint with the department for |
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violation of this chapter by a boot operator. |
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SECTION 6. Subchapter F, Chapter 2308, Occupations Code, is |
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amended by adding Section 2308.258 to read as follows: |
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Sec. 2308.258. BOOT REMOVAL. (a) A booting company |
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responsible for the installation of a boot on a vehicle shall remove |
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the boot not later than one hour after the time the owner or |
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operator of the vehicle contacts the company to request removal of |
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the boot. |
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(b) A booting company shall waive the amount of the fee for |
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removal of a boot, excluding any associated parking fees, if the |
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company fails to have the boot removed within the time prescribed by |
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Subsection (a). |
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SECTION 7. Section 2308.501, Occupations Code, is amended |
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by adding Subsection (a-1) to read as follows: |
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(a-1) The commission shall impose an administrative penalty |
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on a booting company under Subchapter F, Chapter 51, if the company |
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violates Section 2308.258. |
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SECTION 8. Subchapter K, Chapter 2308, Occupations Code, is |
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amended by adding Section 2308.5031 to read as follows: |
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Sec. 2308.5031. MANDATORY REVOCATION OF BOOTING COMPANY |
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LICENSE. The commission shall revoke the license of a booting |
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company under Subchapter G, Chapter 51, if the company violates |
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Section 2308.258 more than twice in a five-year period. |
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SECTION 9. The Texas Commission of Licensing and Regulation |
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shall adopt rules to implement Section 2308.0575, Occupations Code, |
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as amended by this Act, not later than January 1, 2018. |
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SECTION 10. (a) Except as provided by Subsection (b) of |
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this section, this Act takes effect September 1, 2017. |
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(b) Section 2308.2066, Occupations Code, as added by this |
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Act, takes effect January 1, 2018. |