HB2614 - Relating to the regulation of motor vehicle booting.

      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.