85R20200 BEE-D
 
  By: Villalba, Capriglione, Anchia, Alvarado H.B. No. 925
 
  Substitute the following for H.B. No. 925:
 
  By:  Alvarado C.S.H.B. No. 925
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of the booting of vehicles; imposing an
  administrative penalty; changing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2308.002(1-a), Occupations Code, is
  amended to read as follows:
               (1-a)  "Boot" means a [lockable road wheel clamp or
  similar vehicle immobilization] device that, when installed and
  locked on any part of a parked vehicle, is designed to:
                     (A)  immobilize the [a parked] vehicle and prevent
  its movement; or
                     (B)  otherwise prevent the lawful operation of the
  vehicle [until the device is unlocked or removed].
         SECTION 2.  Section 2308.0575, Occupations Code, is amended
  by adding Subsection (a-1) to read as follows:
         (a-1)  The commission by rule shall establish the maximum
  amount that may be charged for a boot removal fee.
         SECTION 3.  Subchapter E, Chapter 2308, Occupations Code, is
  amended by adding Section 2308.2066 to read as follows:
         Sec. 2308.2066.  FEES FOR BOOT REMOVAL. (a) A license or
  permit holder may not charge a boot removal fee that is greater
  than:
               (1)  the maximum amount that may be charged for a boot
  removal fee established under Section 2308.0575; or
               (2)  a boot removal fee authorized by a political
  subdivision.
         (b)  A booting company responsible for the installation of
  more than one boot on a vehicle may not charge a total amount for the
  removal of the boots that is greater than the amount of the fee for
  the removal of a single boot.
         SECTION 4.  Section 2308.2085(b), Occupations Code, is
  amended to read as follows:
         (b)  A municipality may regulate the fees that may be charged
  in connection with the booting of a vehicle, including associated
  parking fees, if the fee for boot removal does not exceed the
  maximum amount that may be charged for a boot removal fee
  established under Section 2308.0575.
         SECTION 5.  Sections 2308.257(a) and (b), Occupations Code,
  are amended to read as follows:
         (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)  the vehicle has been parked, stored, or located on
  the parking facility continuously for 30 minutes or longer; and
               (2)  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.
         (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 stating:
               (1)  that the vehicle has been booted and damage may
  occur if the vehicle is moved;
               (2)  the date and time the boot 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; [and]
               (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 department, notice
  of the procedure to file a complaint with the department for
  violation of this chapter by a boot operator.
         SECTION 6.  Subchapter F, Chapter 2308, Occupations Code, is
  amended by adding Section 2308.258 to read as follows:
         Sec. 2308.258.  BOOT REMOVAL. (a) A booting company
  responsible for the installation of a boot on a vehicle shall remove
  the boot not later than one hour after the time the owner or
  operator of the vehicle contacts the company to request removal of
  the boot.
         (b)  A booting company shall waive the amount of the fee for
  removal of a boot, excluding any associated parking fees, if the
  company fails to have the boot removed within the time prescribed by
  Subsection (a).
         SECTION 7.  Section 2308.501, Occupations Code, is amended
  by adding Subsection (a-1) to read as follows:
         (a-1) The commission shall impose an administrative penalty
  on a booting company under Subchapter F, Chapter 51, if the company
  violates Section 2308.258.
         SECTION 8.  Subchapter K, Chapter 2308, Occupations Code, is
  amended by adding Section 2308.5031 to read as follows:
         Sec. 2308.5031.  MANDATORY REVOCATION OF BOOTING COMPANY
  LICENSE.  The commission shall revoke the license of a booting
  company under Subchapter G, Chapter 51, if the company violates
  Section 2308.258 more than twice in a five-year period.
         SECTION 9.  The Texas Commission of Licensing and Regulation
  shall adopt rules to implement Section 2308.0575, Occupations Code,
  as amended by this Act, not later than January 1, 2018.
         SECTION 10.  (a) Except as provided by Subsection (b) of
  this section, this Act takes effect September 1, 2017.
         (b)  Section 2308.2066, Occupations Code, as added by this
  Act, takes effect January 1, 2018.