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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 2308.2085, Occupations Code, is amended |
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by amending Subsection (b) and adding Subsection (d) to read as |
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follows: |
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(b) Subject to Subsection (d), a [A] municipality may |
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regulate the fees that may be charged in connection with the booting |
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of a vehicle, including associated parking fees. |
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(d) The fee that may be charged for the removal of a boot may |
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not exceed $100. |
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SECTION 2. Section 2308.257, Occupations Code, is amended |
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by amending Subsections (a) and (b) and adding Subsection (b-1) to |
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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 one hour 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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(b-1) No more than one boot may be installed on a vehicle at |
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any time. |
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SECTION 3. 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 4. 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 5. 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 6. This Act takes effect September 1, 2017. |