Relating to the regulation of motor vehicle booting.

89(R) HB 2614 - Engrossed version - Bill Text

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.