By: Zwiener H.B. No. 2614

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of motor vehicle booting.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 2308.002, Occupations Code, is amended by amending Subdivision (1-a) to read as follows:

(1-a) "Boot" means a lockable road wheel clamp or any other [similar vehicle immobilization] device that is designed to immobilize a parked vehicle or restrict or [and] prevent its operation [movement] until the device is unlocked or removed.

SECTION 2. Section 2308.2085, Occupations Code, is amended by amending Subsection (b) and adding Subsections (c), (d), (e), and (f) to read as follows:

(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; [and]

(3) provide for the imposition of a penalty on a booting company or operator for a violation of Section 2308.258;

(4) require a booting company to display on each vehicle operated by a boot operator in the performance of booting company business:

(A) the booting company's name;

(B) the booting company's telephone number; and

(C) the city and state where the booting company is located; and

(5) be at least as stringent as the laws of this state.

(c) The information required to be displayed under Subsection (b)(4) must be:

(1) printed in letters and numbers that are at least two inches high and in a color that contrasts with the color of the background surface; and

(2) permanently affixed in conspicuous places on both sides of the booting company's vehicle.

(d) A booting company may not operate in a municipality that has not adopted regulations under this section if the municipality:

(1) has a population of more than 670,000; or

(2) contains a public or private institution of higher education, as defined by Section 552.1085, Government Code, serving a student population of at least 20,000.

(e) A local authority regulating booting activities under this section shall:

(1) annually publish on the local authority's Internet website the following information relating to booting companies operating in the authority's jurisdiction:

(A) the number of booting companies operating in the authority's jurisdiction;

(B) the number, nature, and resolution of complaints against or violations of this chapter or of a local regulation by a booting company;

(C) a description of any legal proceeding against a booting company or a parking facility contracting with a booting company under this chapter; and

(D) the schedule of maximum booting fees and other relevant state and local regulations of booting companies; and

(2) maintain on the authority's Internet website:

(A) a mechanism for reporting a complaint against a booting company and tracking any action taken on or any resolution of a complaint against a booting company; and

(B) all relevant rules and regulations relating to booting adopted by the local authority under this section.

(f) On request of a local authority that regulates a booting company or parking facility owner under this section, the booting company or parking facility owner, as applicable, shall provide a copy of any contract between:

(1) the booting company and a parking facility owner; or

(2) the parking facility owner and a booting company.

SECTION 3. Section 2308.257, Occupations Code, is amended by amending Subsections (a) and (b) and adding Subsection (f) to read as follows:

(a) Subject to Subsection (f), a [A] parking facility owner may, without the consent of the owner or operator of an unauthorized vehicle, cause a boot to be installed on the vehicle in the parking facility if:

(1) signs that comply with Subchapter G prohibiting unauthorized vehicles are located on the parking facility at the time of the booting and for the preceding 24 hours and remain installed at the time of the booting; and

(2) the vehicle has been observed to be parked in violation of a sign described by Subdivision (1) for a cumulative total of at least 30 minutes during a single day by the parking facility owner, a parking facility authorized agent, a peace officer, or the booting company.

(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 at least 30 minutes before the boot is installed. The notice must state [stating]:

(1) that the vehicle will be [has been] booted and damage may occur if the vehicle is moved after the boot has been installed;

(2) the date and time the boot will be [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;

(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.

(f) A parking facility owner may cause a boot to be installed on an unauthorized vehicle under this section only during the hours of operation of the property served by the parking facility. This subsection does not apply to:

(1) a violation of Section 2308.251;

(2) property serving a residential purpose as defined by Section 209.015, Property Code;

(3) a health care facility described by Section 31.002(a)(1), Health and Safety Code; or

(4) real property owned by this state or a political subdivision of this state that directly serves an administrative government purpose or is used to provide government services, including a county, municipality, special district, school district, junior college district, or housing authority.

SECTION 4. Section 2308.404, Occupations Code, is amended by adding Subsections (d), (e), and (f) to read as follows:

(d) In addition to the liability established under Subsection (c), a booting company or parking facility owner who intentionally, knowingly, or recklessly violates this chapter with respect to a booting is liable to the owner or operator of the vehicle that is the subject of the violation for the cost of any lost work hours and transportation costs associated with the booting.

(e) A local authority that regulates a booting company under Section 2308.2085 shall prohibit a booting company that intentionally, knowingly, or recklessly violates this chapter from operating in the jurisdiction in which the violation occurred for a period not to exceed two years.

(f) A parking facility owner and a booting company operating under contract with the parking facility shall be jointly and severally liable for an award in an action under this section by relating to a booting.

SECTION 5. This Act takes effect September 1, 2025.