| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the authority of a towing company or booting company to |
|
|
remove and store or boot an unauthorized vehicle in a parking |
|
|
facility. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The heading to Section 2308.255, Occupations |
|
|
Code, is amended to read as follows: |
|
|
Sec. 2308.255. TOWING COMPANY'S [OR BOOT OPERATOR'S] |
|
|
AUTHORITY TO REMOVE AND STORE [OR BOOT] UNAUTHORIZED VEHICLE. |
|
|
SECTION 2. Section 2308.255, Occupations Code, is amended |
|
|
by amending Subsection (d) and adding Subsections (e) and (f) to |
|
|
read as follows: |
|
|
(d) A towing company may not remove and store a vehicle |
|
|
under Subsection (a) unless [and a boot operator may boot a vehicle
|
|
|
under Section 2308.257 only if] the parking facility owner or a |
|
|
person authorized by the parking facility owner under Subsection |
|
|
(e) [:
|
|
|
[(1)] requests that the towing company remove and |
|
|
store [or that the boot operator boot] the specific vehicle[; or
|
|
|
[(2)
has a standing written agreement with the towing
|
|
|
company or boot operator to enforce parking restrictions in the
|
|
|
parking facility]. |
|
|
(e) A parking facility owner may authorize a person to |
|
|
request that a towing company remove and store a specific vehicle |
|
|
under Subsection (d) if: |
|
|
(1) the person is authorized by the parking facility |
|
|
owner to park a vehicle in a specific space in the parking facility; |
|
|
and |
|
|
(2) the vehicle the person is requesting to be towed is |
|
|
obstructing or occupying the space in which the person is |
|
|
authorized to park. |
|
|
(f) A request under Subsection (d) that is made by a person |
|
|
authorized by a parking facility owner under Subsection (e) is |
|
|
considered to be made by the parking facility owner. |
|
|
SECTION 3. Section 2308.257, Occupations Code, is amended |
|
|
by adding Subsection (f) to read as follows: |
|
|
(f) A booting company may not boot a vehicle under this |
|
|
section unless the parking facility owner requests that the company |
|
|
boot the specific vehicle. |
|
|
SECTION 4. The changes in law made by this Act to Sections |
|
|
2308.255 and 2308.257, Occupations Code, do not apply to the towing |
|
|
or booting of a vehicle pursuant to a standing written agreement |
|
|
between a towing company or booting company and a parking facility |
|
|
owner entered into before the effective date of this Act. The |
|
|
towing or booting of a vehicle pursuant to a standing written |
|
|
agreement entered into before the effective date of this Act is |
|
|
governed by the law as it existed immediately before the effective |
|
|
date of this Act, and that law is continued in effect for that |
|
|
purpose. |
|
|
SECTION 5. This Act takes effect September 1, 2017. |