| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the regulation of motor vehicle towing, booting, and |
|
|
storage and to the elimination of required state licensing for |
|
|
vehicle booting companies and operators. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 2303.058, Occupations Code, is amended |
|
|
to read as follows: |
|
|
Sec. 2303.058. ADVISORY BOARD. The Towing and[,] Storage[,
|
|
|
and Booting] Advisory Board under Chapter 2308 shall advise the |
|
|
commission in adopting vehicle storage rules under this chapter. |
|
|
SECTION 2. Section 2308.002, Occupations Code, is amended |
|
|
by amending Subdivisions (1) and (8-a) and adding Subdivisions |
|
|
(5-b) and (8-b) to read as follows: |
|
|
(1) "Advisory board" means the Towing and[,] Storage[,
|
|
|
and Booting] Advisory Board. |
|
|
(5-b) "Local authority" means a state or local |
|
|
governmental entity authorized to regulate traffic or parking and |
|
|
includes: |
|
|
(A) an institution of higher education; and |
|
|
(B) a political subdivision, including a county, |
|
|
municipality, special district, junior college district, housing |
|
|
authority, or other political subdivision of this state. |
|
|
(8-a) "Peace officer" means a person who is a peace |
|
|
officer under Article 2.12, Code of Criminal Procedure. |
|
|
(8-b) "Private property tow" means any tow of a |
|
|
vehicle authorized by a parking facility owner without the consent |
|
|
of the owner or operator of the vehicle. |
|
|
SECTION 3. Effective September 1, 2018, Section 2308.004, |
|
|
Occupations Code, is amended to read as follows: |
|
|
Sec. 2308.004. EXEMPTION. Sections 2308.151(b), |
|
|
2308.2085, 2308.257, and 2308.258 do [(a) This chapter does] not |
|
|
apply to: |
|
|
(1) a person who, while exercising a statutory or |
|
|
contractual lien right with regard to a vehicle: |
|
|
(A) [(1)] installs or removes a boot; or |
|
|
(B) [(2)] controls, installs, or directs the |
|
|
installation and removal of one or more boots; or[.] |
|
|
(2) [(b) This chapter does not apply to] a commercial |
|
|
office building owner or manager who installs or removes a boot in |
|
|
the building's parking facility. |
|
|
SECTION 4. Section 2308.051(a), Occupations Code, as |
|
|
amended by Chapters 457 (H.B. 2548) and 845 (S.B. 2153), Acts of the |
|
|
81st Legislature, Regular Session, 2009, is reenacted and amended |
|
|
to read as follows: |
|
|
(a) The advisory board consists of the following members |
|
|
appointed by the presiding officer of the commission with the |
|
|
approval of the commission: |
|
|
(1) one representative of a towing company operating |
|
|
in a county with a population of less than one million; |
|
|
(2) one representative of a towing company operating |
|
|
in a county with a population of one million or more; |
|
|
(3) one representative [owner] of a vehicle storage |
|
|
facility located in a county with a population of less than one |
|
|
million; |
|
|
(4) one representative [owner] of a vehicle storage |
|
|
facility located in a county with a population of one million or |
|
|
more; |
|
|
(5) one parking facility representative [owner]; |
|
|
(6) one peace officer [law enforcement officer] from a |
|
|
county with a population of less than one million; |
|
|
(7) one peace officer [law enforcement officer] from a |
|
|
county with a population of one million or more; |
|
|
(8) one representative of a member insurer, as defined |
|
|
by Section 462.004, Insurance Code, of the Texas Property and |
|
|
Casualty Insurance Guaranty Association who writes [property and
|
|
|
casualty insurers who write] automobile insurance in this state; |
|
|
and |
|
|
[(9) one representative of a booting company] |
|
|
(9) one person who operates both a towing company and a |
|
|
vehicle storage facility [public member]. |
|
|
SECTION 5. Effective September 1, 2018, Section 2308.151, |
|
|
Occupations Code, is amended to read as follows: |
|
|
Sec. 2308.151. LICENSE OR LOCAL AUTHORIZATION REQUIRED. |
|
|
(a) Unless the person holds an appropriate license under this |
|
|
subchapter, a person may not: |
|
|
(1) perform towing operations; or |
|
|
(2) operate a towing company.[;] |
|
|
(b) Unless a person is authorized by a local authority under |
|
|
Section 2308.2085, a person may not: |
|
|
(1) [(3)] perform booting operations; or |
|
|
(2) [(4)] operate a booting company. |
|
|
SECTION 6. Section 2308.2085, Occupations Code, is amended |
|
|
to read as follows: |
|
|
Sec. 2308.2085. LOCAL AUTHORITY REGULATION OF [MUNICIPAL
|
|
|
ORDINANCE REGULATING] BOOTING ACTIVITIES [COMPANIES AND
|
|
|
OPERATORS]. (a) A local authority [municipality] may regulate, in |
|
|
areas in which the entity regulates parking or traffic, [adopt an
|
|
|
ordinance that is identical to the] booting activities, including: |
|
|
(1) operation of booting companies and operators that |
|
|
operate on a parking facility; |
|
|
(2) any permit and sign requirements in connection |
|
|
with the booting of a vehicle; and |
|
|
(3) [provisions in this chapter or that imposes
|
|
|
additional requirements that exceed the minimum standards of the
|
|
|
booting provisions in this chapter but may not adopt an ordinance
|
|
|
that conflicts with the booting provisions in this chapter.
|
|
|
[(b) A municipality may regulate the] fees that may be |
|
|
charged in connection with the booting of a vehicle[, including
|
|
|
associated parking fees]. |
|
|
(b) Regulations adopted under this section must: |
|
|
(1) incorporate the requirements of Sections 2308.257 |
|
|
and 2308.258; |
|
|
(2) include procedures for vehicle owners and |
|
|
operators to file a complaint with the local authority regarding a |
|
|
booting company or operator; |
|
|
(3) provide for the imposition of a penalty on a |
|
|
booting company or operator for a violation of Section 2308.258; |
|
|
and |
|
|
(4) provide for the revocation of any permit, license, |
|
|
or other authority of a booting company or operator to boot vehicles |
|
|
if the company or operator violates Section 2308.258 more than |
|
|
twice in a five-year period [(c)
A municipality may require
|
|
|
booting companies to obtain a permit to operate in the
|
|
|
municipality]. |
|
|
SECTION 7. Section 2308.255, Occupations Code, is amended |
|
|
to read as follows: |
|
|
Sec. 2308.255. TOWING COMPANY'S [OR BOOT OPERATOR'S] |
|
|
AUTHORITY TO TOW [REMOVE] AND STORE [OR BOOT] UNAUTHORIZED VEHICLE. |
|
|
(a) A towing company [that is insured as provided by Subsection
|
|
|
(c)] may, without the consent of an owner or operator of an |
|
|
unauthorized vehicle, tow the vehicle to [remove] and store the |
|
|
vehicle at a vehicle storage facility at the expense of the owner or |
|
|
operator of the vehicle if: |
|
|
(1) the towing company has received written |
|
|
verification from the parking facility owner that: |
|
|
(A) [the parking facility owner has installed] |
|
|
the signs required by Section 2308.252(a)(1) are posted; or |
|
|
(B) the owner or operator received notice under |
|
|
Section 2308.252(a)(2) or the parking facility owner gave notice |
|
|
complying with Section 2308.252(a)(3); or |
|
|
(2) on request the parking facility owner provides to |
|
|
the owner or operator of the vehicle information on the name of the |
|
|
towing company and vehicle storage facility that will be used to tow |
|
|
[remove] and store the vehicle and the vehicle is: |
|
|
(A) left in violation of Section 2308.251; |
|
|
(B) in or obstructing a portion of a paved |
|
|
driveway; or |
|
|
(C) on a public roadway used for entering or |
|
|
exiting the facility and the tow [removal] is approved by a peace |
|
|
officer. |
|
|
(b) A towing company may not tow [remove] an unauthorized |
|
|
vehicle except under: |
|
|
(1) this chapter; |
|
|
(2) a municipal ordinance that complies with Section |
|
|
2308.208; or |
|
|
(3) the direction of: |
|
|
(A) a peace officer; or |
|
|
(B) the owner or operator of the vehicle. |
|
|
(c) Only a towing company that is insured against liability |
|
|
for property damage incurred in towing a vehicle may tow [remove] |
|
|
and store an unauthorized vehicle under this section. |
|
|
(d) A towing company may tow [remove] and store a vehicle |
|
|
under Subsection (a) [and a boot operator may boot a vehicle under
|
|
|
Section 2308.257] only if the parking facility owner: |
|
|
(1) requests that the towing company tow [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) When a tow truck is used for a nonconsent tow authorized |
|
|
by a peace officer under Section 545.3051, Transportation Code, the |
|
|
operator of the tow truck and the towing company are agents of the |
|
|
law enforcement agency and are subject to Section 545.3051(e), |
|
|
Transportation Code. |
|
|
SECTION 8. Section 2308.257, Occupations Code, is amended |
|
|
by amending Subsection (b) and adding Subsection (b-1) to read as |
|
|
follows: |
|
|
(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 local authority, |
|
|
notice of the procedure to file a complaint with the local authority |
|
|
for violation of this chapter by a boot operator. |
|
|
(b-1) No more than one boot may be installed on a vehicle at |
|
|
any time. |
|
|
SECTION 9. 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 10. The heading to Subchapter I, Chapter 2308, |
|
|
Occupations Code, is amended to read as follows: |
|
|
SUBCHAPTER I. REGULATION OF TOWING COMPANIES[, BOOTING
|
|
|
COMPANIES,] AND PARKING FACILITY OWNERS |
|
|
SECTION 11. (a) The following provisions of the |
|
|
Occupations Code are repealed: |
|
|
(1) Section 2308.002(9); and |
|
|
(2) Section 2308.103(d). |
|
|
(b) Effective September 1, 2018, Sections 2308.1555 and |
|
|
2308.1556, Occupations Code, are repealed. |
|
|
SECTION 12. (a) On September 1, 2018, a license issued |
|
|
under former Section 2308.1555 or 2308.1556, Occupations Code, |
|
|
expires. |
|
|
(b) The changes in law made by this Act to Section |
|
|
2308.051(a), Occupations Code, regarding the qualifications for a |
|
|
member of the Towing and Storage Advisory Board do not affect the |
|
|
entitlement of a member serving on the board immediately before the |
|
|
effective date of this Act to continue to serve and function as a |
|
|
member of the board for the remainder of the member's term. When |
|
|
board vacancies occur on or after the effective date of this Act, |
|
|
the presiding officer of the Texas Commission of Licensing and |
|
|
Regulation shall appoint new members to the board in a manner that |
|
|
reflects the changes in law made by this Act. |
|
|
(c) The changes in law made by this Act to Section 2308.255, |
|
|
Occupations Code, do not apply to the booting of a vehicle pursuant |
|
|
to a standing written agreement between a booting company and a |
|
|
parking facility owner entered into before the effective date of |
|
|
this Act. The 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 13. This Act takes effect only if a specific |
|
|
appropriation for the implementation of the Act is provided in a |
|
|
general appropriations act of the 85th Legislature. |
|
|
SECTION 14. Except as otherwise provided by this Act, this |
|
|
Act takes effect immediately if it receives a vote of two-thirds of |
|
|
all the members elected to each house, as provided by Section 39, |
|
|
Article III, Texas Constitution. If this Act does not receive the |
|
|
vote necessary for immediate effect, this Act takes effect |
|
|
September 1, 2017. |
|
|
|
|
|
* * * * * |