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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of motor vehicle towing and booting. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2308.0575, Occupations Code, is amended |
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by adding Subsection (a-1) to read as follows: |
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(a-1) In adopting rules under Subsection (a), the |
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commission may not establish a fee for a private property tow that |
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is greater than the national average fee for a private property tow. |
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SECTION 2. 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 the national average fee for the removal of a boot. |
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SECTION 3. Section 2308.254, Occupations Code, is amended |
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to read as follows: |
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Sec. 2308.254. LIMITATION ON PARKING FACILITY OWNER'S |
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AUTHORITY TO REMOVE OR BOOT UNAUTHORIZED VEHICLE. (a) Except as |
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provided by Subsection (b), a [A] parking facility owner may not |
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have an unauthorized vehicle removed from the facility or booted |
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unless: |
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(1) the vehicle has been parked, stored, or located on |
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the parking facility continuously for thirty minutes or longer; and |
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(2) the removal or booting is performed [except]: |
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(A) [(1)] as provided by this chapter or a |
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municipal ordinance that complies with Section 2308.208; or |
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(B) [(2)] under the direction of a peace officer |
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or the owner or operator of the vehicle. |
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(b) A parking facility owner may have an unauthorized |
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vehicle that has been parked, stored, or located on the parking |
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facility continuously for less than one hour removed from the |
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facility as provided in Subsection (a) if the vehicle: |
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(1) is in or obstructs a fire lane marked according to |
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Section 2308.25l(c); or |
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(2) does not display the special license plates issued |
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under Section 504.201, Transportation Code, or the disabled parking |
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placard issued under Chapter 681, Transportation Code, for a |
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vehicle transporting a disabled person and is in a parking space |
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that is designated for the exclusive use of a vehicle transporting a |
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disabled person. |
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SECTION 4. Section 2308.255(d), Occupations Code, is |
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amended to read as follows: |
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(d) A towing company may not remove and store a vehicle |
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under Subsection (a) and a boot operator may not boot a vehicle |
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under Section 2308.257 unless: |
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(1) [only if] the parking facility owner: |
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(A) [(1)] requests that the towing company remove |
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and store or that the boot operator boot the specific vehicle; and |
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[or] |
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(B) is physically present on [(2) has a standing
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written agreement with the towing company or boot operator to
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enforce parking restrictions in] the parking facility at the time |
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the vehicle is towed or booted; and |
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(2) the towing operator or boot operator takes at |
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least one photograph that: |
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(A) shows the location of the vehicle on the |
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parking facility; and |
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(B) includes an accurate time stamp. |
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SECTION 5. Section 2308.257(a), Occupations Code, is |
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amended to read as follows: |
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(a) Subject to Sections 2308.254 and 2308.255, a [A] parking |
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facility owner may, without the consent of the owner or operator of |
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an unauthorized vehicle, cause a boot to be installed on the vehicle |
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in the parking facility if signs that comply with Subchapter G |
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prohibiting unauthorized vehicles are located on the parking |
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facility at the time of the booting and for the preceding 24 hours |
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and remain installed at the time of the booting. |
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SECTION 6. Subchapter I, Chapter 2308, Occupations Code, is |
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amended by adding Section 2308.408 to read as follows: |
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Sec. 2308.408. PROHIBITED TOWING COMPANY AND BOOTING COMPANY |
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ACTIVITY. A towing company or booting company may not directly or |
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indirectly compensate a person who is not licensed under this |
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chapter to perform towing or booting operations to: |
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(1) monitor a parking facility for unauthorized |
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vehicles; or |
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(2) notify the towing company or booting company of |
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unauthorized vehicles left on a parking facility. |
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SECTION 7. The changes in law made by this Act to Section |
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2308.255, Occupations Code, do not apply to the towing or booting of |
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a vehicle under a standing written agreement between a towing |
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company or booting company and a parking facility owner entered |
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into before the effective date of this Act. The towing or booting |
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of a vehicle under a standing written agreement entered into before |
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the effective date of this Act is governed by the law as it existed |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 8. This Act takes effect September 1, 2017. |