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AN ACT
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relating to the booting of vehicles by private entities in parking |
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facilities; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 2308, Occupations Code, |
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is amended to read as follows: |
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CHAPTER 2308. VEHICLE TOWING AND BOOTING |
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SECTION 2. Section 2308.001, Occupations Code, is amended |
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to read as follows: |
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Sec. 2308.001. SHORT TITLE. This chapter may be cited as |
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the Texas Towing and Booting Act. |
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SECTION 3. Section 2308.002, Occupations Code, is amended |
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by amending Subdivision (1) and adding Subdivisions (1-a), (1-b), |
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and (1-c) to read as follows: |
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(1) "Advisory board" means the Towing, [and] Storage, |
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and Booting Advisory Board. |
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(1-a) "Boot" means a lockable road wheel clamp or |
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similar vehicle immobilization device that is designed to |
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immobilize a parked vehicle and prevent its movement until the |
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device is unlocked or removed. |
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(1-b) "Booting company" means a person that controls, |
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installs, or directs the installation and removal of one or more |
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boots. |
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(1-c) "Boot operator" means an individual who installs |
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or removes a boot on or from a vehicle. |
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SECTION 4. Subchapter A, Chapter 2308, Occupations Code, is |
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amended by adding Section 2308.004 to read as follows: |
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Sec. 2308.004. EXEMPTION. (a) This chapter does not apply |
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to a person who, while exercising a statutory or contractual lien |
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right with regard to a vehicle: |
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(1) installs or removes a boot; or |
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(2) controls, installs, or directs the installation |
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and removal of one or more boots. |
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(b) This chapter does not apply to a commercial office |
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building owner or manager who installs or removes a boot in the |
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building's parking facility. |
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SECTION 5. The heading to Section 2308.051, Occupations |
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Code, is amended to read as follows: |
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Sec. 2308.051. TOWING, [AND] STORAGE, AND BOOTING ADVISORY |
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BOARD. |
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SECTION 6. Subsection (a), Section 2308.051, Occupations |
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Code, is amended to read as follows: |
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(a) The advisory board consists of the following members |
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appointed by the presiding officer of the commission with the |
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approval of the commission: |
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(1) one representative of a towing company operating |
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in a county with a population of less than one million; |
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(2) one representative of a towing company operating |
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in a county with a population of one million or more; |
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(3) one owner of a vehicle storage facility located in |
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a county with a population of less than one million; |
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(4) one owner of a vehicle storage facility located in |
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a county with a population of one million or more; |
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(5) one parking facility owner; |
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(6) one law enforcement officer from a county with a |
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population of less than one million; |
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(7) one law enforcement officer from a county with a |
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population of one million or more; [and] |
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(8) one representative of property and casualty |
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insurers who write automobile insurance in this state; and |
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(9) one representative of a booting company. |
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SECTION 7. Subsection (a), Section 2308.057, Occupations |
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Code, is amended to read as follows: |
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(a) The commission shall adopt rules for permitting tow |
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trucks and licensing towing operators, [and] towing companies, |
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booting companies, and boot operators. |
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SECTION 8. Section 2308.151, Occupations Code, is amended |
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to read as follows: |
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Sec. 2308.151. LICENSE REQUIRED. Unless the person holds |
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an appropriate license under this subchapter, a person may not: |
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(1) perform towing operations; [or] |
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(2) operate a towing company; |
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(3) perform booting operations; or |
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(4) operate a booting company. |
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SECTION 9. Subchapter D, Chapter 2308, Occupations Code, is |
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amended by adding Sections 2308.1555 and 2308.1556 to read as |
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follows: |
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Sec. 2308.1555. BOOT OPERATOR'S LICENSE. (a) A boot |
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operator's license is required to install or remove a boot from a |
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vehicle. |
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(b) An applicant for a boot operator's license must be at |
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least 18 years of age. |
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Sec. 2308.1556. BOOTING COMPANY LICENSE. (a) A booting |
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company license is required for a person to operate a booting |
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company. |
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(b) To be eligible for a booting company license, an |
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applicant must submit evidence that the applicant is covered by: |
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(1) a general liability insurance policy on a broad |
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form with: |
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(A) a combined single limit for bodily injury and |
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property damage for each occurrence of at least $500,000; and |
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(B) an aggregate limit for all occurrences for |
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each policy year of at least $500,000; and |
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(2) an automobile liability insurance policy covering |
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the applicant and the applicant's employees for vehicles owned, |
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hired, or otherwise used in the applicant's business, with a |
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combined single limit for each occurrence of at least $500,000. |
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SECTION 10. The heading to Subchapter E, Chapter 2308, |
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Occupations Code, is amended to read as follows: |
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SUBCHAPTER E. LOCAL REGULATION OF TOWING AND BOOTING |
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SECTION 11. Subchapter E, Chapter 2308, Occupations Code, |
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is amended by adding Section 2308.2085 to read as follows: |
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Sec. 2308.2085. MUNICIPAL ORDINANCE REGULATING BOOTING |
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COMPANIES AND OPERATORS. (a) A municipality may adopt an |
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ordinance that is identical to the booting provisions in this |
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chapter or that imposes additional requirements that exceed the |
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minimum standards of the booting provisions in this chapter but may |
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not adopt an ordinance that conflicts with the booting provisions |
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in this chapter. |
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(b) A municipality may regulate the fees that may be charged |
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in connection with the booting of a vehicle, including associated |
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parking fees. |
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(c) A municipality may require booting companies to obtain a |
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permit to operate in the municipality. |
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SECTION 12. Subchapter F, Chapter 2308, Occupations Code, |
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is amended by adding Section 2308.257 to read as follows: |
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Sec. 2308.257. BOOTING OF UNAUTHORIZED VEHICLE. (a) A |
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parking facility owner may, without the consent of the owner or |
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operator of an unauthorized vehicle, cause a boot to be installed on |
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the vehicle in the parking facility if signs that comply with |
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Subchapter G prohibiting unauthorized vehicles are located on the |
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parking facility at the time of the booting and for the preceding 24 |
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hours and remain installed at the time of the booting. |
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(b) A boot operator that installs a boot on a vehicle must |
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affix a conspicuous notice to the vehicle's front windshield or |
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driver's side window stating: |
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(1) that the vehicle has been booted and damage may |
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occur if the vehicle is moved; |
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(2) the date and time the boot was installed; |
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(3) the name, address, and telephone number of the |
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booting company; |
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(4) a telephone number that is answered 24 hours a day |
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to enable the owner or operator of the vehicle to arrange for |
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removal of the boot; |
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(5) the amount of the fee for removal of the boot and |
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any associated parking fees; and |
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(6) notice of the right of a vehicle owner or vehicle |
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operator to a hearing under Subchapter J. |
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(c) On removal of a boot, the boot operator shall provide a |
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receipt to the vehicle owner or operator stating: |
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(1) the name of the person who removed the boot; |
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(2) the date and time the boot was removed; |
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(3) the name of the person to whom the vehicle was |
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released; |
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(4) the amount of fees paid for removal of the boot and |
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any associated parking fees; and |
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(5) the right of the vehicle owner or operator to a |
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hearing under Subchapter J. |
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(d) The booting company shall maintain a copy of the receipt |
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at its place of business for a period of three years. A peace |
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officer has the right, on request, to inspect and copy the records |
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to determine compliance with the requirements of this section. |
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(e) A booting company shall accept payment by an electronic |
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check, debit card, or credit card for any fee or charge associated |
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with the removal of a boot. A booting company may not collect a fee |
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for any charge associated with the removal of a boot from a person |
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who offers to pay the charge with an electronic check, debit card, |
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or credit card form of payment that the booting company is not |
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equipped to accept. |
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SECTION 13. Section 2308.301, Occupations Code, is amended |
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to read as follows: |
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Sec. 2308.301. GENERAL REQUIREMENTS FOR SIGN PROHIBITING |
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UNAUTHORIZED VEHICLES. (a) Except as provided by Subsection |
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(a)(2)(B) and Section 2308.304 or 2308.305, an unauthorized vehicle |
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may not be towed under Section 2308.252(a)(1) or booted under |
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Section 2308.257 unless a sign prohibiting unauthorized vehicles on |
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a parking facility is: |
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(1) facing and conspicuously visible to the driver of |
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a vehicle that enters the facility; |
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(2) located: |
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(A) on the right or left side of each driveway or |
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curb-cut through which a vehicle can enter the facility, including |
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an entry from an alley abutting the facility; or |
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(B) at intervals along the entrance so that no |
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entrance is farther than 25 feet from a sign if: |
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(i) curbs, access barriers, landscaping, or |
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driveways do not establish definite vehicle entrances onto a |
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parking facility from a public roadway other than an alley; and |
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(ii) the width of an entrance exceeds 35 |
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feet; |
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(3) permanently mounted on a pole, post, permanent |
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wall, or permanent barrier; |
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(4) installed on the parking facility; and |
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(5) installed so that the bottom edge of the sign is no |
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lower than five feet and no higher than eight feet above ground |
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level. |
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(b) Except as provided by Section 2308.305, an unauthorized |
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vehicle may be towed under Section 2308.252(a)(1) or booted under |
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Section 2308.257 only if each sign prohibiting unauthorized |
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vehicles: |
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(1) is made of weather-resistant material; |
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(2) is at least 18 inches wide and 24 inches tall; |
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(3) contains the international symbol for towing |
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vehicles; |
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(4) contains a statement describing who may park in |
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the parking facility and prohibiting all others; |
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(5) bears the words "Unauthorized Vehicles Will Be |
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Towed or Booted at Owner's or Operator's Expense"; |
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(6) contains a statement of the days and hours of |
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towing and booting enforcement; and |
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(7) contains a number, including the area code, of a |
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telephone that is answered 24 hours a day to enable an owner or |
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operator of a vehicle to locate a towed [the] vehicle or to arrange |
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for removal of a boot from a vehicle. |
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SECTION 14. Subsections (c) and (e), Section 2308.302, |
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Occupations Code, are amended to read as follows: |
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(c) The portion of the sign immediately below the |
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international towing symbol must contain the words "Towing And |
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Booting Enforced" [or the information provided by Section
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2308.301(b)(4)] in lettering at least two inches in height. The |
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lettering on this portion of the sign must consist of white letters |
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on a bright red background. |
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(e) The bottommost portion of the sign must contain the |
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telephone numbers [number] required by Section 2308.301(b), in |
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lettering at least one inch in height and may, if the facility owner |
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chooses or if an applicable municipal ordinance requires, include |
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the name and address of the storage facility to which an |
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unauthorized vehicle will be removed. The lettering on this |
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portion of the sign must consist of white letters on a bright red |
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background. |
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SECTION 15. The heading to Subchapter I, Chapter 2308, |
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Occupations Code, is amended to read as follows: |
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SUBCHAPTER I. REGULATION OF TOWING COMPANIES, BOOTING COMPANIES, |
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AND PARKING FACILITY OWNERS |
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SECTION 16. Section 2308.401, Occupations Code, is amended |
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to read as follows: |
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Sec. 2308.401. PARKING FACILITY OWNER PROHIBITED FROM |
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RECEIVING FINANCIAL GAIN FROM TOWING COMPANY OR BOOTING COMPANY. |
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(a) A parking facility owner may not directly or indirectly accept |
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anything of value from: |
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(1) a towing company in connection with the removal of |
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a vehicle from a parking facility; or |
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(2) a booting company in connection with booting a |
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vehicle in a parking facility. |
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(b) A parking facility owner may not have a direct or |
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indirect monetary interest in: |
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(1) a towing company that for compensation removes |
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unauthorized vehicles from a parking facility in which the parking |
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facility owner has an interest; or |
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(2) a booting company that for compensation boots |
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vehicles in a parking facility in which the parking facility owner |
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has an interest. |
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SECTION 17. Section 2308.402, Occupations Code, is amended |
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to read as follows: |
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Sec. 2308.402. TOWING COMPANY AND BOOTING COMPANY |
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PROHIBITED FROM FINANCIAL INVOLVEMENT WITH PARKING FACILITY OWNER. |
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(a) A towing company or booting company may not directly or |
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indirectly give anything of value to a parking facility owner in |
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connection with: |
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(1) the removal of a vehicle from a parking facility; |
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or |
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(2) the booting of a vehicle in a parking facility. |
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(b) A towing company or booting company may not have a |
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direct or indirect monetary interest in a parking facility: |
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(1) from which the towing company for compensation |
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removes unauthorized vehicles; or |
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(2) in which the booting company for compensation |
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installs boots on unauthorized vehicles. |
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SECTION 18. The heading to Section 2308.404, Occupations |
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Code, is amended to read as follows: |
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Sec. 2308.404. CIVIL LIABILITY OF TOWING COMPANY, BOOTING |
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COMPANY, OR PARKING FACILITY OWNER FOR VIOLATION OF CHAPTER. |
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SECTION 19. Subsections (a), (b), and (c), Section |
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2308.404, Occupations Code, are amended to read as follows: |
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(a) A towing company, booting company, or parking facility |
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owner who violates this chapter is liable to the owner or operator |
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of the vehicle that is the subject of the violation for: |
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(1) damages arising from the removal, [or] storage, or |
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booting of the vehicle; and |
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(2) towing, [or] storage, or booting fees assessed in |
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connection with the vehicle's removal, [or] storage, or booting. |
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(b) A vehicle's owner or operator is not required to prove |
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negligence of a parking facility owner, [or] towing company, or |
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booting company to recover under Subsection (a). |
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(c) A towing company, booting company, or parking facility |
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owner who intentionally, knowingly, or recklessly violates this |
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chapter is liable to the owner or operator of the vehicle that is |
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the subject of the violation for $300 plus three times the amount of |
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fees assessed in the vehicle's removal, towing, [or] storage, or |
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booting. |
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SECTION 20. The heading to Subchapter J, Chapter 2308, |
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Occupations Code, is amended to read as follows: |
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SUBCHAPTER J. RIGHTS OF OWNERS AND OPERATORS OF STORED OR BOOTED |
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VEHICLES |
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SECTION 21. The heading to Section 2308.451, Occupations |
|
Code, is amended to read as follows: |
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Sec. 2308.451. PAYMENT OF COST OF REMOVAL, [AND] STORAGE, |
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AND BOOTING OF VEHICLE. |
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SECTION 22. Section 2308.451, Occupations Code, is amended |
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by adding Subsections (c) and (d) to read as follows: |
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(c) If in a hearing held under this chapter the court finds |
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that a person authorized, with probable cause, the booting of a |
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vehicle in a parking facility, the person who requested the hearing |
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shall pay the costs of the booting. |
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(d) If in a hearing held under this chapter the court does |
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not find that a person authorized, with probable cause, the booting |
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of a vehicle, the person that authorized the booting shall: |
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(1) pay the costs of the booting and any related |
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parking fees; or |
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(2) reimburse the owner or operator for the cost of the |
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booting and any related parking fees paid by the owner or operator. |
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SECTION 23. Section 2308.452, Occupations Code, is amended |
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to read as follows: |
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Sec. 2308.452. RIGHT OF OWNER OR OPERATOR OF VEHICLE TO |
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HEARING. The owner or operator of a vehicle that has been removed |
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and placed in a vehicle storage facility or booted without the |
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consent of the owner or operator of the vehicle is entitled to a |
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hearing on whether probable cause existed for the removal and |
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placement or booting. |
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SECTION 24. Section 2308.453, Occupations Code, is amended |
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to read as follows: |
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Sec. 2308.453. JURISDICTION. A hearing under this chapter |
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shall be in the justice court having jurisdiction in: |
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(1) the precinct in which the vehicle storage facility |
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is located; or |
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(2) for booted vehicles, the precinct in which the |
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parking facility is located. |
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SECTION 25. Section 2308.454, Occupations Code, is amended |
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by adding Subsections (c) and (d) to read as follows: |
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(c) If before a hearing held under this chapter the owner or |
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operator of a vehicle pays the costs for removal of a boot, the |
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booting company shall at the time of payment give the owner or |
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operator written notice of the person's rights under this chapter. |
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(d) The booting operator that places a notice on a booted |
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vehicle under Section 2308.257 shall include with that notice a |
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notice of the person's rights under this chapter. |
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SECTION 26. Section 2308.455, Occupations Code, is amended |
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to read as follows: |
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Sec. 2308.455. CONTENTS OF NOTICE. The notice under |
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Section 2308.454 must include: |
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(1) a statement of: |
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(A) the person's right to submit a request within |
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14 days for a court hearing to determine whether probable cause |
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existed to remove, or install a boot on, the vehicle; |
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(B) the information that a request for a hearing |
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must contain; and |
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(C) any filing fee for the hearing; |
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(2) the name, address, and telephone number of the |
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towing company that removed the vehicle or the booting company that |
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booted the vehicle; |
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(3) the name, address, and telephone number of the |
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vehicle storage facility in which the vehicle was placed; |
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(4) the name, address, and telephone number of the |
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person, property owner, or law enforcement agency that authorized |
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the removal of the vehicle; and |
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(5) the name, address, and telephone number of the |
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justice court having jurisdiction in the precinct in which the |
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vehicle storage facility is located or, for booted vehicles, the |
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name, address, and telephone number of the justice court having |
|
jurisdiction in the precinct in which the parking facility is |
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located. |
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SECTION 27. Subsections (a) and (b), Section 2308.456, |
|
Occupations Code, are amended to read as follows: |
|
(a) Except as provided by Subsection (c), a person entitled |
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to a hearing under this chapter must deliver a written request for |
|
the hearing to the court before the 14th day after the date the |
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vehicle was removed and placed in the vehicle storage facility or |
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booted, excluding Saturdays, Sundays, and legal holidays. |
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(b) A request for a hearing must contain: |
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(1) the name, address, and telephone number of the |
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owner or operator of the vehicle; |
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(2) the location from which the vehicle was removed or |
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in which the vehicle was booted; |
|
(3) the date when the vehicle was removed or booted; |
|
(4) the name, address, and telephone number of the |
|
person or law enforcement agency that authorized the removal or |
|
booting; |
|
(5) the name, address, and telephone number of the |
|
vehicle storage facility in which the vehicle was placed; |
|
(6) the name, address, and telephone number of the |
|
towing company that removed the vehicle or of the booting company |
|
that installed a boot on the vehicle; |
|
(7) a copy of any receipt or notification that the |
|
owner or operator received from the towing company, the booting |
|
company, or the vehicle storage facility; and |
|
(8) if the vehicle was removed from or booted in a |
|
parking facility: |
|
(A) one or more photographs that show the |
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location and text of any sign posted at the facility restricting |
|
parking of vehicles; or |
|
(B) a statement that no sign restricting parking |
|
was posted at the parking facility. |
|
SECTION 28. Section 2308.458, Occupations Code, is amended |
|
by amending Subsections (b), (c), and (e) and adding Subsections |
|
(b-2) and (c-1) to read as follows: |
|
(b) The court shall notify the person who requested the |
|
hearing for a towed vehicle, the person or law enforcement agency |
|
that authorized the removal of the vehicle, and the vehicle storage |
|
facility in which the vehicle was placed of the date, time, and |
|
place of the hearing in a manner provided by Rule 21a, Texas Rules |
|
of Civil Procedure. The notice of the hearing to the person or law |
|
enforcement agency that authorized the removal of the vehicle must |
|
[shall] include a copy of the request for hearing. |
|
(b-2) The court shall notify the person who requested the |
|
hearing for a booted vehicle, the parking facility in which the |
|
vehicle was booted, and the booting company of the date, time, and |
|
place of the hearing in a manner provided by Rule 21a, Texas Rules |
|
of Civil Procedure. The notice of hearing to the person that |
|
authorized the booting of the vehicle must include a copy of the |
|
request for hearing. |
|
(c) The issues in a hearing regarding a towed vehicle under |
|
this chapter are: |
|
(1) whether probable cause existed for the removal and |
|
placement of the vehicle; |
|
(2) whether a towing charge imposed or collected in |
|
connection with the removal or placement of the vehicle was greater |
|
than the amount authorized by the political subdivision under |
|
Section 2308.201 or 2308.202; |
|
(3) whether a towing charge imposed or collected in |
|
connection with the removal or placement of the vehicle was greater |
|
than the amount authorized under Section 2308.203 or 2308.204; or |
|
(4) whether a towing charge imposed or collected in |
|
connection with the removal or placement of the vehicle was greater |
|
than the amount filed with the department under Section 2308.206. |
|
(c-1) The issues in a hearing regarding a booted vehicle |
|
under this chapter are: |
|
(1) whether probable cause existed for the booting of |
|
the vehicle; and |
|
(2) whether a boot removal charge imposed or collected |
|
in connection with the removal of the boot from the vehicle was |
|
greater than the amount authorized by the political subdivision |
|
under Section 2308.2085. |
|
(e) The court may award: |
|
(1) court costs to the prevailing party; |
|
(2) the reasonable cost of photographs submitted under |
|
Section 2308.456(b)(8) to a vehicle owner or operator who is the |
|
prevailing party; |
|
(3) an amount equal to the amount that the towing |
|
charge or booting removal charge and associated parking fees |
|
exceeded fees regulated by a political subdivision or authorized by |
|
this code or by Chapter 2303; and |
|
(4) reimbursement of fees paid for vehicle towing, |
|
[and] storage, or removal of a boot. |
|
SECTION 29. Subsection (a), Section 2308.505, Occupations |
|
Code, is amended to read as follows: |
|
(a) A person commits an offense if the person: |
|
(1) violates an ordinance, resolution, order, rule, or |
|
regulation of a political subdivision adopted under Section |
|
2308.201, [or] 2308.202, or 2308.2085 for which the political |
|
subdivision does not prescribe the penalty; |
|
(2) charges or collects a fee in a political |
|
subdivision that regulates the operation of tow trucks under |
|
Section 2308.201 or 2308.202 or booting under Section 2308.2085 |
|
that is not authorized or is greater than the authorized amount of |
|
the fee; |
|
(3) charges or collects a fee greater than the amount |
|
authorized under Section 2308.204; |
|
(4) charges or collects a fee in excess of the amount |
|
filed with the department under Section 2308.206; |
|
(5) violates Section 2308.205; or |
|
(6) violates a rule of the department applicable to a |
|
tow truck, [and] towing company, or booting company. |
|
SECTION 30. Section 2303.058, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 2303.058. ADVISORY BOARD. The Towing, [and] Storage, |
|
and Booting Advisory Board under Chapter 2308 shall advise the |
|
commission in adopting vehicle storage rules under this chapter. |
|
SECTION 31. Promptly after this Act takes effect, the |
|
presiding officer of the Texas Commission of Licensing and |
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Regulation shall appoint to the Towing, Storage, and Booting |
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Advisory Board one representative of a booting company as required |
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by Subsection (a), Section 2308.051, Occupations Code, as amended |
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by this Act. |
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SECTION 32. This Act takes effect September 1, 2009. |
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______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 2153 passed the Senate on |
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April 30, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2153 passed the House on |
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May 27, 2009, by the following vote: Yeas 138, Nays 10, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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Date |
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______________________________ |
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Governor |