85R6478 BEE-D

By: Lucio III H.B. No. 2733

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.