Bill Text: TX HB3306 | 2017-2018 | 85th Legislature | Engrossed
Bill Title: 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2017-05-22 - Referred to Business & Commerce [HB3306 Detail]
Download: Texas-2017-HB3306-Engrossed.html
By: Kuempel | H.B. No. 3306 |
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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[ |
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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[ |
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(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 [ |
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apply to: | ||
(1) a person who, while exercising a statutory or | ||
contractual lien right with regard to a vehicle: | ||
(A) [ |
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(B) [ |
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installation and removal of one or more boots; or [ |
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(2) [ |
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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 [ |
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facility located in a county with a population of less than one | ||
million; | ||
(4) one representative [ |
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facility located in a county with a population of one million or | ||
more; | ||
(5) one parking facility representative [ |
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(6) one peace officer [ |
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county with a population of less than one million; | ||
(7) one peace officer [ |
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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 [ |
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and | ||
[ |
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(9) one person who operates both a towing company and a | ||
vehicle storage facility [ |
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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.[ |
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(b) Unless a person is prohibited by a local authority under | ||
Section 2308.2085, a person may | ||
: | ||
(1) [ |
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(2) [ |
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SECTION 6. Section 2308.205(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A towing company that makes a nonconsent tow shall tow | ||
the vehicle to a vehicle storage facility that is operated by a | ||
person who holds a license to operate the facility under Chapter | ||
2303, unless: | ||
(1) the towing company agrees to take the vehicle to a | ||
location designated by the vehicle's owner; or | ||
(2) the vehicle is towed under Section 2308.259(b). | ||
SECTION 7. Section 2308.2085, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 2308.2085. LOCAL AUTHORITY REGULATION OF [ |
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areas in which the entity regulates parking or traffic, [ |
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(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) [ |
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[ |
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charged in connection with the booting of a vehicle [ |
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(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 | ||
[ |
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SECTION 8. Section 2308.255, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 2308.255. TOWING COMPANY'S [ |
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AUTHORITY TO TOW [ |
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(a) A towing company [ |
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unauthorized vehicle, tow the vehicle to [ |
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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) [ |
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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 | ||
[ |
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(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 [ |
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officer. | ||
(b) A towing company may not tow [ |
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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 [ |
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and store an unauthorized vehicle under this section. | ||
(d) A towing company may tow [ |
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under Subsection (a) [ |
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(1) requests that the towing company tow [ |
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store [ |
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(2) has a standing written agreement with the towing | ||
company [ |
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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 9. Section 2308.257(b), Occupations Code, is | ||
amended 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; [ |
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(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. | ||
SECTION 10. Subchapter F, Chapter 2308, Occupations Code, | ||
is amended by adding Sections 2308.258 and 2308.259 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). | ||
(c) A booting company responsible for the installation of | ||
more than one boot on a vehicle may not charge a total amount for the | ||
removal of the boots that is greater than the amount of the fee for | ||
the removal of a single boot. | ||
Sec. 2308.259. TOWING COMPANY'S AUTHORITY TO TOW VEHICLE | ||
FROM UNIVERSITY PARKING FACILITY. (a) In this section: | ||
(1) "Special event" means a university-sanctioned, | ||
on-campus activity, including parking lot maintenance. | ||
(2) "University" means: | ||
(A) a public senior college or university, as | ||
defined by Section 61.003, Education Code; or | ||
(B) a private or independent institution of | ||
higher education, as defined by Section 61.003, Education Code. | ||
(b) Subject to Subsection (c), an individual designated by a | ||
university may, to facilitate a special event, request that a | ||
vehicle parked at a university parking facility be towed to another | ||
location on the university campus. | ||
(c) A vehicle may not be towed under Subsection (b) unless | ||
signs complying with this section are installed on the parking | ||
facility for the 72 hours preceding towing enforcement for the | ||
special event and for 48 hours after the conclusion of the special | ||
event. | ||
(d) Each sign required under Subsection (c) must: | ||
(1) contain: | ||
(A) a statement of: | ||
(i) the nature of the special event; and | ||
(ii) the dates and hours of towing | ||
enforcement; and | ||
(B) the number, including the area code, of a | ||
telephone that is answered 24 hours a day to identify the location | ||
of a towed vehicle; | ||
(2) face and be conspicuously visible to the driver of | ||
a vehicle that enters the facility; | ||
(3) be located: | ||
(A) on the right or left side of each driveway or | ||
curb-cut through which a vehicle can enter the facility, including | ||
an entry from an alley abutting the facility; or | ||
(B) at intervals along the entrance so that no | ||
entrance is farther than 25 feet from a sign if: | ||
(i) curbs, access barriers, landscaping, or | ||
driveways do not establish definite vehicle entrances onto a | ||
parking facility from a public roadway other than an alley; and | ||
(ii) the width of an entrance exceeds 35 | ||
feet; | ||
(4) be made of weather-resistant material; | ||
(5) be at least 18 inches wide and 24 inches tall; | ||
(6) be mounted on a pole, post, wall, or free-standing | ||
board; and | ||
(7) be installed so that the bottom edge of the sign is | ||
no lower than two feet and no higher than six feet above ground | ||
level. | ||
(e) If a vehicle is towed under Subsection (b), personnel | ||
must be available to: | ||
(1) release the vehicle within two hours after a | ||
request for release of the vehicle; and | ||
(2) accept any payment required for the release of the | ||
vehicle. | ||
(f) A university may not charge a fee for a tow under | ||
Subsection (b) that exceeds 75 percent of the private property tow | ||
fee established under Section 2308.0575. | ||
(g) A vehicle towed under Subsection (b) that is not claimed | ||
by the vehicle owner or operator within 48 hours after the | ||
conclusion of the special event may only be towed: | ||
(1) without further expense to the vehicle owner or | ||
operator; and | ||
(2) to another location on the university campus. | ||
(h) The university must notify the owner or operator of a | ||
vehicle towed under Subsection (b) of the right of the vehicle owner | ||
or operator to a hearing under Subchapter J. | ||
SECTION 11. The heading to Subchapter I, Chapter 2308, | ||
Occupations Code, is amended to read as follows: | ||
SUBCHAPTER I. REGULATION OF TOWING COMPANIES[ |
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AND PARKING FACILITY OWNERS | ||
SECTION 12. (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 13. (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 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. |