85R20200 BEE-D     By: Villalba, Capriglione, Anchia, Alvarado H.B. No. 925     Substitute the following for H.B. No. 925:     By:  Alvarado C.S.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 2308.002(1-a), Occupations Code, is   amended to read as follows:                (1-a)  "Boot" means a [lockable road wheel clamp or   similar vehicle immobilization] device that, when installed and   locked on any part of a parked vehicle, is designed to:                      (A)  immobilize the [a parked] vehicle and prevent   its movement; or                      (B)  otherwise prevent the lawful operation of the   vehicle [until the device is unlocked or removed].          SECTION 2.  Section 2308.0575, Occupations Code, is amended   by adding Subsection (a-1) to read as follows:          (a-1)  The commission by rule shall establish the maximum   amount that may be charged for a boot removal fee.          SECTION 3.  Subchapter E, Chapter 2308, Occupations Code, is   amended by adding Section 2308.2066 to read as follows:          Sec. 2308.2066.  FEES FOR BOOT REMOVAL. (a) A license or   permit holder may not charge a boot removal fee that is greater   than:                (1)  the maximum amount that may be charged for a boot   removal fee established under Section 2308.0575; or                (2)  a boot removal fee authorized by a political   subdivision.          (b)  A booting company responsible for the installation of   more than one boot on a vehicle may not charge a 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.  Section 2308.2085(b), Occupations Code, is   amended to read as follows:          (b)  A municipality may regulate the fees that may be charged   in connection with the booting of a vehicle, including associated   parking fees, if the fee for boot removal does not exceed the   maximum amount that may be charged for a boot removal fee   established under Section 2308.0575.          SECTION 5.  Sections 2308.257(a) and (b), Occupations Code,   are amended 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 30 minutes 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.          SECTION 6.  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 7.  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 8.  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 9.  The Texas Commission of Licensing and Regulation   shall adopt rules to implement Section 2308.0575, Occupations Code,   as amended by this Act, not later than January 1, 2018.          SECTION 10.  (a) Except as provided by Subsection (b) of   this section, this Act takes effect September 1, 2017.          (b)  Section 2308.2066, Occupations Code, as added by this   Act, takes effect January 1, 2018.