Bill Text: TX HB925 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to the regulation of the booting of vehicles; imposing an administrative penalty; changing a fee.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2017-05-11 - Placed on General State Calendar [HB925 Detail]
Download: Texas-2017-HB925-Comm_Sub.html
85R20200 BEE-D | |||
By: Villalba, Capriglione, Anchia, Alvarado | H.B. No. 925 | ||
Substitute the following for H.B. No. 925: | |||
By: Alvarado | C.S.H.B. No. 925 |
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relating to the regulation of the booting of vehicles; imposing an | ||
administrative penalty; changing a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2308.002(1-a), Occupations Code, is | ||
amended to read as follows: | ||
(1-a) "Boot" means a [ |
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locked on any part of a parked vehicle, is designed to: | ||
(A) immobilize the [ |
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its movement; or | ||
(B) otherwise prevent the lawful operation of the | ||
vehicle [ |
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SECTION 2. Section 2308.0575, Occupations Code, is amended | ||
by adding Subsection (a-1) to read as follows: | ||
(a-1) The commission by rule shall establish the maximum | ||
amount that may be charged for a boot removal fee. | ||
SECTION 3. Subchapter E, Chapter 2308, Occupations Code, is | ||
amended by adding Section 2308.2066 to read as follows: | ||
Sec. 2308.2066. FEES FOR BOOT REMOVAL. (a) A license or | ||
permit holder may not charge a boot removal fee that is greater | ||
than: | ||
(1) the maximum amount that may be charged for a boot | ||
removal fee established under Section 2308.0575; or | ||
(2) a boot removal fee authorized by a political | ||
subdivision. | ||
(b) 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. | ||
SECTION 4. Section 2308.2085(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) A municipality may regulate the fees that may be charged | ||
in connection with the booting of a vehicle, including associated | ||
parking fees, if the fee for boot removal does not exceed the | ||
maximum amount that may be charged for a boot removal fee | ||
established under Section 2308.0575. | ||
SECTION 5. Sections 2308.257(a) and (b), Occupations Code, | ||
are amended to read as follows: | ||
(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) the vehicle has been parked, stored, or located on | ||
the parking facility continuously for 30 minutes or longer; and | ||
(2) 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. | ||
(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 department, notice | ||
of the procedure to file a complaint with the department for | ||
violation of this chapter by a boot operator. | ||
SECTION 6. 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 7. Section 2308.501, Occupations Code, is amended | ||
by adding Subsection (a-1) to read as follows: | ||
(a-1) The commission shall impose an administrative penalty | ||
on a booting company under Subchapter F, Chapter 51, if the company | ||
violates Section 2308.258. | ||
SECTION 8. Subchapter K, Chapter 2308, Occupations Code, is | ||
amended by adding Section 2308.5031 to read as follows: | ||
Sec. 2308.5031. MANDATORY REVOCATION OF BOOTING COMPANY | ||
LICENSE. The commission shall revoke the license of a booting | ||
company under Subchapter G, Chapter 51, if the company violates | ||
Section 2308.258 more than twice in a five-year period. | ||
SECTION 9. The Texas Commission of Licensing and Regulation | ||
shall adopt rules to implement Section 2308.0575, Occupations Code, | ||
as amended by this Act, not later than January 1, 2018. | ||
SECTION 10. (a) Except as provided by Subsection (b) of | ||
this section, this Act takes effect September 1, 2017. | ||
(b) Section 2308.2066, Occupations Code, as added by this | ||
Act, takes effect January 1, 2018. |