Bill Text: TX HB385 | 2017 | 85th Legislature 1st Special Session | Introduced
Bill Title: Relating to motor vehicle booting.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-08-07 - Filed [HB385 Detail]
Download: Texas-2017-HB385-Introduced.html
| 85S12004 BEE-D | ||
| By: Villalba | H.B. No. 385 | |
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| relating to motor vehicle booting. | ||
| 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 2308.2085(b), Occupations Code, as | ||
| amended by S.B. No. 1501 and S.B. No. 2065, Acts of the 85th | ||
| Legislature, Regular Session, 2017, is reenacted and amended to | ||
| read as follows: | ||
| (b) Regulations adopted under this section must: | ||
| (1) establish the maximum amount that may be charged | ||
| for a boot removal fee; | ||
| (2) incorporate the requirements of Sections 2308.257 | ||
| and 2308.258; | ||
| (3) [ |
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| operators to file a complaint with the local authority regarding a | ||
| booting company or operator; and | ||
| (4) [ |
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| (A) the imposition of a penalty on a booting | ||
| company or operator for a violation of Section 2308.258; and | ||
| (B) the revocation of the license, permit, or | ||
| other authorization of a booting company if the company violates | ||
| Section 2308.258 more than twice in a five-year period. | ||
| SECTION 3. Section 2308.258, Occupations Code, as added by | ||
| S.B. No. 1501 and S.B. No. 2065, Acts of the 85th Legislature, | ||
| Regular Session, 2017, is reenacted and amended to read as follows: | ||
| Sec. 2308.258. BOOT INSTALLATION AND REMOVAL. (a) A boot | ||
| operator may install a boot on an unauthorized vehicle in a parking | ||
| facility without the consent of the vehicle owner or operator only | ||
| if the vehicle has been parked, stored, or located on the parking | ||
| facility continuously for 30 minutes or longer. | ||
| (b) 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. | ||
| (c) [ |
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| fee for removal of a boot, excluding any associated parking fees, | ||
| if: | ||
| (1) the boot operator installs a boot in violation of | ||
| Subsection (a); or | ||
| (2) the company fails to have the boot removed within | ||
| the time prescribed by Subsection (b) [ |
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| (d) [ |
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| (1) charge a boot removal fee that is greater than the | ||
| maximum amount established by a local authority; or | ||
| (2) if the booting company is responsible for the | ||
| installation of more than one boot on a vehicle, [ |
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| 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. 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 December 1, 2017. | ||
