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A BILL TO BE ENTITLED
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AN ACT
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relating to the towing and booting of unauthorized vehicles on a |
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parking facility during certain hours. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 tow and store a vehicle under |
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Subsection (a) only if the parking facility owner: |
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(1) requests that the towing company tow and store the |
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specific vehicle; or |
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(2) except as provided by Section 2308.2551, has a |
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standing written agreement with the towing company to enforce |
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parking restrictions in the parking facility. |
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SECTION 2. Subchapter F, Chapter 2308, Occupations Code, is |
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amended by adding Section 2308.2551 to read as follows: |
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Sec. 2308.2551. ADDITIONAL REQUIREMENTS FOR TOWING DURING |
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CERTAIN HOURS. (a) A towing company may tow and store a vehicle |
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under Section 2308.255(a) between the hours of 8 a.m. and 5 p.m. on |
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a weekday only if the parking facility owner requests in writing |
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that the towing company tow and store the specific vehicle. |
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(b) A written request required under Subsection (a) must: |
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(1) include: |
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(A) a statement that the vehicle is to be towed |
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and stored at the request of the parking facility owner; |
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(B) the name of the parking facility owner; and |
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(C) the parking facility owner's justification |
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for requesting the removal of the vehicle and photographs, if any, |
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supporting the justification; and |
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(2) be maintained by the towing company for at least 90 |
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days after the date the request was made. |
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SECTION 3. Subchapter F, Chapter 2308, Occupations Code, is |
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amended by adding Section 2308.2571 to read as follows: |
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Sec. 2308.2571. ADDITIONAL REQUIREMENTS FOR BOOTING DURING |
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CERTAIN HOURS. (a) A boot operator may install a boot on a vehicle |
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located on a parking facility between the hours of 8 a.m. and 5 p.m. |
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on a weekday only if the parking facility owner requests in writing |
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that the boot operator install a boot on the vehicle. |
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(b) A written request required under Subsection (a) must: |
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(1) include: |
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(A) a statement that a boot is to be installed on |
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the vehicle at the request of the parking facility owner; |
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(B) the name of the parking facility owner; and |
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(C) the parking facility owner's justification |
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for requesting the installation of the boot on the vehicle and |
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photographs, if any, supporting the justification; and |
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(2) be maintained by the booting company for at least |
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90 days after the date the request was made. |
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SECTION 4. The changes in law made by this Act apply only to |
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the towing or booting of a vehicle initiated on or after the |
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effective date of this Act. The towing or booting of a vehicle |
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initiated before the effective date of this Act is governed by the |
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law in effect at the time the towing or booting was initiated, and |
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the former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2019. |