By: Taylor of Galveston S.B. No. 2115               A BILL TO BE ENTITLED   AN ACT   relating to the regulation of motor vehicle towing and booting.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 2308.0575, Occupations Code, is amended   by adding Subsection (a-1) to read as follows:          (a-1)  In adopting rules under Subsection (a), the   commission may not establish a fee for a private property tow that   is greater than the national average fee for a private property tow.          SECTION 2.  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 the national average fee for the removal of a boot.          SECTION 3.  Section 2308.254, Occupations Code, is amended   to read as follows:          Sec. 2308.254.  LIMITATION ON PARKING FACILITY OWNER'S   AUTHORITY TO REMOVE OR BOOT UNAUTHORIZED VEHICLE. (a)  Except as   provided by Subsection (b), a [A] parking facility owner may not   have an unauthorized vehicle removed from the facility or booted   unless:                (1)  the vehicle has been parked, stored, or located on   the parking facility continuously for thirty minutes or longer; and                (2)  the removal or booting is performed [except]:                      (A) [(1)] as provided by this chapter or a   municipal ordinance that complies with Section 2308.208; or                      (B) [(2)] under the direction of a peace officer   or the owner or operator of the vehicle.          (b)  A parking facility owner may have an unauthorized   vehicle that has been parked, stored, or located on the parking   facility continuously for less than one hour removed from the   facility as provided in Subsection (a) if the vehicle:                (1) is in or obstructs a fire lane marked according to   Section 2308.25l(c); or                (2) does not display the special license plates issued   under Section 504.201, Transportation Code, or the disabled parking   placard issued under Chapter 681, Transportation Code, for a   vehicle transporting a disabled person and is in a parking space   that is designated for the exclusive use of a vehicle transporting a   disabled person.          SECTION 4.  Section 2308.255(d), Occupations Code, is   amended to read as follows:          (d)  A towing company may not remove and store a vehicle   under Subsection (a) and a boot operator may not boot a vehicle   under Section 2308.257 unless:                (1) [only if] the parking facility owner:                      (A) [(1)] requests that the towing company remove   and store or that the boot operator boot the specific vehicle; and   [or]                      (B)  is physically present on [(2) has a standing   written agreement with the towing company or boot operator to   enforce parking restrictions in] the parking facility at the time   the vehicle is towed or booted; and                (2)  the towing operator or boot operator takes at   least one photograph that:                      (A)  shows the location of the vehicle on the   parking facility; and                      (B)  includes an accurate time stamp.          SECTION 5.  Section 2308.257(a), Occupations Code, is   amended to read as follows:          (a)  Subject to Sections 2308.254 and 2308.255, 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 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.          SECTION 6.  Subchapter I, Chapter 2308, Occupations Code, is   amended by adding Section 2308.408 to read as follows:          Sec. 2308.408.  PROHIBITED TOWING COMPANY AND BOOTING COMPANY   ACTIVITY.  A towing company or booting company may not directly or   indirectly compensate a person who is not licensed under this   chapter to perform towing or booting operations to:                (1)  monitor a parking facility for unauthorized   vehicles; or                (2)  notify the towing company or booting company of   unauthorized vehicles left on a parking facility.          SECTION 7.  The changes in law made by this Act to Section   2308.255, Occupations Code, do not apply to the towing or booting of   a vehicle under a standing written agreement between a towing   company or booting company and a parking facility owner entered   into before the effective date of this Act.  The towing or booting   of a vehicle under a standing written agreement entered into before   the effective date of this Act is governed by the law as it existed   immediately before the effective date of this Act, and that law is   continued in effect for that purpose.          SECTION 8. This Act takes effect September 1, 2017.