85R6039 BEE-D     By: Villalba H.B. No. 925       A BILL TO BE ENTITLED   AN ACT   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 2308.2085, Occupations Code, is amended   by amending Subsection (b) and adding Subsection (d) to read as   follows:          (b)  Subject to Subsection (d), a [A] municipality may   regulate the fees that may be charged in connection with the booting   of a vehicle, including associated parking fees.          (d)  The fee that may be charged for the removal of a boot may   not exceed $100.          SECTION 2.  Section 2308.257, Occupations Code, is amended   by amending Subsections (a) and (b) and adding Subsection (b-1) 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 one hour 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; [and]                (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.          (b-1)  No more than one boot may be installed on a vehicle at   any time.          SECTION 3.  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 4.  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 5.  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 6.  This Act takes effect September 1, 2017.