page 7 of 29 Sec. 2308.257. BOOTING OF UNAUTHORIZED VEHICLE. (cont.)
(d) The booting company shall maintain a copy of the receipt at its place of business for a period of three years. A peace officer has the right, on request, to inspect and copy the records to determine compliance with the requirements of this section.
(e) A booting company shall accept payment by an electronic check, debit card, or credit card for any fee or charge associated with the removal of a boot. A booting company may not collect a fee for any charge associated with the removal of a boot from a person who offers to pay the charge with an electronic check, debit card, or credit card form of payment that the booting company is not equipped to accept.
Added by Acts 2009, 81st Leg., R.S., Ch. 845 (S.B. 2153), Sec. 12, eff. September 1, 2009.
Amended by: Acts 2017, 85th Leg., R.S., Ch. 919 (S.B. 1501), Sec. 17, eff. June 15, 2017.
Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 14.009, eff. June 15, 2017.
SUBCHAPTER H. REGULATION OF PARKING ON CERTAIN PUBLIC ROADWAY AREAS
Sec. 2308.351. REMOVAL OF UNAUTHORIZED VEHICLE FROM LEASED RIGHT-OF-WAY.
Unless prohibited by the lease, a parking facility owner or towing company may remove an unauthorized vehicle parked in a leased area described by Section 2308.002(7)(B) (i) if the owner or towing company gives notice under Section 2308.252(a)(1), (2), or (3) and otherwise complies with this chapter. Acts 1995, 74th Leg., Ch. 165, Sec. 1, eff. Sept. 1, 1995.
Renumbered from Transportation Code, Section 684.051 and amended by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 2.05, eff. September 1, 2007.
Sec. 2308.352. REMOVAL OF UNAUTHORIZED VEHICLE FROM AREA BETWEEN PARKING FACILITY AND PUBLIC ROADWAY.
Unless prohibited by a municipal ordinance, a parking facility owner or towing company may remove an unauthorized vehicle any part of which is in an area described by Section 2308.002(7)(B)(ii) if notice provided by Section 2308.252(a)(2) or (3) is given and the owner or towing company has otherwise complied with this chapter. Acts 1995, 74th Leg., Ch. 165, Sec. 1, eff. Sept. 1, 1995.
Renumbered from Transportation Code, Section 684.052 and amended by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 2.05, eff. September 1, 2007.
Sec. 2308.353. REMOVAL UNDER GOVERNMENTAL ENTITY'S AUTHORITY OF UNAUTHORIZED VEHICLE PARKED IN RIGHT-OF-WAY.
(a) A governmental entity that has jurisdiction over a public roadway and that has posted one or more signs in the right-of-way stating that parking is prohibited in the right-of-way may:
(1) Remove or contract with a towing company to remove an unauthorized vehicle parked in the right-of-way of the public roadway; or
(2) Grant written permission to an abutting parking facility owner to:
(2) Grant written permission to an abutting parking facility owner to:
(A) Post one or more "No parking in R.O.W." signs along a common property line of the facility and the roadway; and
(B) Remove vehicles from the right-of-way of the public roadway under this chapter.
(b) A sign under Subsection (a)(2) must:
(1) State that a vehicle parked in the right-of-way may be towed at the expense of the owner or operator of the vehicle;
(2) Be placed facing the public roadway:
(A) On the parking facility owner's property not more than two feet from the common boundary line; and
(B) At intervals so that no point in the boundary line is less than 25 feet from a sign posted under this subsection; and
(3) In all other respects comply with Subchapter G.
(c) After signs have been posted under Subsection (b), the parking facility owner or a towing company may remove an unauthorized vehicle from the right-of-way subject to the governmental entity's written permission given under Subsection (a)(2).
Acts 1995, 74th Leg., Ch. 165, Sec. 1, eff. Sept. 1, 1995.
Renumbered from Transportation Code, Section 684.053 and amended by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 2.05, eff. September 1, 2007.
Sec. 2308.354. AUTHORITY FOR REMOVAL OF VEHICLE FROM PUBLIC ROADWAY.
(a) Under an ordinance of a municipality regulating the parking of vehicles in the municipality, to aid in the enforcement of the ordinance, an employee designated by the municipality may be authorized to:
(1) immobilize a vehicle parked in the municipality;
(2) remove an immobilized vehicle from a public roadway in the municipality; and
(3) request the removal and storage of a vehicle that is located in an area where on-street parking is regulated by the ordinance and that:
(A) is parked illegally; or
(B) is parked legally and:
(i) has been unattended for more than 48 hours; and
(ii) the employee has reasonable grounds to believe is abandoned.
(b) A parking facility owner or towing company may not remove a vehicle from a public roadway except under:
(1) this chapter or a municipal ordinance that complies with Section 2308.208; or
(2) the direction of a peace officer, a municipal employee under Subsection (a)(3), or the owner or operator of the vehicle.
(c) Subsection (a) does not apply to a vehicle owned by an electric, gas, water, or telecommunications utility while the vehicle is parked for the purpose of conducting work on a facility of the utility that is located below, above, or adjacent to the street.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 301, Sec. 1, eff. Sept. 1, 2001.
Renumbered from Transportation Code, Section 684.054 and amended by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 2.05, eff. September 1, 2007. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1298 (H.B. 2346), Sec. 1, eff. September 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 231 (H.B. 914), Sec. 1, eff. September 1, 2021.
SUBCHAPTER K. ENFORCEMENT
Sec. 2308.501. ADMINISTRATIVE PENALTY.
(a) The commission may impose an administrative penalty on a person under Subchapter F, Chapter 51, regardless of whether the person holds a registration, permit, or license under this chapter, if the person violates:
(1) This chapter or a rule adopted under this chapter; or
(2) A rule or order of the executive director or commission.
(b) An administrative penalty may not be imposed unless the person charged with a violation is provided the opportunity for a hearing.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 2.09, eff. September 1, 2007.