bill tightens the rules for booting cars

The text as introduced · 559 words

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 2308.2085(b), Occupations Code, is

amended 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 ;

and

(4) be at least as stringent as the laws of this state .

SECTION 2. Section 2308.257, Occupations Code, is amended

by adding 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 the signs for at least 30 minutes 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 vehicle is

booted, stating:

(1) that the vehicle will be [ has been ] booted and

damage may occur if the vehicle is moved once 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, including a county, municipality,

special district, school district, junior college district, or

housing authority, that directly serves an administrative

government purpose or is used to provide government services.

SECTION 3. This Act takes effect September 1, 2025.